LAW  LIBRARY 

Duke  University 
durham,  n.  c. 


L00235387S 


The  Debates  reported  in  phonetic  short-hand,  incorporated 
with  the  Journal,  and  the  volume  edited, 

By  James  M.  Pomeroy. 


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DEBATES  AND  PROCEEDINaS 


CONVENTION 

WHICH  ASSEMBLED  AT   LITTLE  EOCK, 

JANUARY  7tli,  1868, 

UNDER  THE  PSOYISIONS  OF  THE  ACT  OP  OONGEESS  OF  MAEOH  2d,  1867, 
And  the  Acts  of  Maech  23d  and  July  19th,  1867, 

SUPPLEMENTARY  THERETO, 


/ 

TO  FORM  A 


CONSTITUTION 


•  FOR  THE 


STATE  OF  ARKANSAS. 


OEFICI A  L : 

JOHN^  G.  PEICE,  SECEETAEY. 


little  rock  : 

J.   G.  PEICE, 
printer  to  the  convention. 
1  86  8. 


Digitized  by  the  Internet  Archive 
in  2015 


https://archive.org/details/debatesproceedin01arka 


M  E  M  B  E  E  S 

OF  THE  • 

ARKANSAS  CONSTITUTIONAL  CONVENTION 

OF  1868. 


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5  '73 

TO 


OFFICERS 

OF  THE 

ARKANSAS  CONSTITUTIONAL  CONTENTION 


1  8  6  S. 


THIOIMI^S  :m:.  BOWEIT, 

OF  CRAWFORD  CO. 


JAMES  L.  HODGES,  0.  P.  SNYDER, 

OF  PULASKI  CO.  OF  JEFFERSON  CO. 

JOHN  M.  McCLURE,  GEORGE  S.  SCOTT, 

OF  ARKANSAS  CO.  OF  LITTLE  RIVER  CO. 

JOSEPH  BROOKS,  WALTER  W.  BRASHEAR, 

OF  PHILLIPS   CO.  OF  POPE  CO. 


JOHN  G.  PRICE, 

OF  PULASKI  CO. 

HENRY  ST.  JOHN,  F.  E.  WRIGHT, 

OF  BRADLEY  CO.  OF  PHILLIPS  CO. 

(  11  ) 


OFFICEES  OF  THE  CO^^YENTION. 


EEY.  MOSES  F. 

OF  INDEPENDENCE  CO. 

CHAELES  SCHAEEF, 

OF  PULASKI  CO. 


D.  P.  BELDEN,  |  J.  H.  KIKKHAM, 

OF  HOT  SPRING  CO.  |  OF  PIKE  CO. 

HE^sTEY  D.  SEYIEE, 

OF  CONWAY  CO. 
E.  A.  EOBINSOK,  I  JOHN  AGEE,* 

OF  SEARCY  CO.  I  OF  PULASKI  CO. 

A.  S.  MUSTAIN, 

OF  PRAIRIE  CO. 


J.  C.  WILCOX,  i  J.  E.  RECTOE,^- 

J.  M.  JACKSON  * 

OF  PULASKI  CO. 


*  Colored. 


STANDING  COMMITTEES 

OF  THE 

0  0  N  Y  E     T  I  0  Js' . 


Tlie  Constitution,  its  Aj'vangement  and  Tliraseology, 

Mr.  Hodges,  of  Pulaski.    ]\Ir.  TValker,  Mr.  Sims. 

•■    Brooks.       .  Portis,  ••'  Sarber. 

McClure, 


Treamhle  and  Bill  of  Mights, 


Mr.  Brooks, 

••'  COATES. 


Mr.  Priddy. 
"    Tax  Hook, 
Hawkixs. 


Mr.  Lax g LEY; 
Harris  ox. 


Mr.  Sims, 

CORBELL. 


Leg isla ti ve  Depa rtm^nt. 

Mr.  Brashear, 

"  HUTCHIXSON. 

TTyatt. 


Mr.  Eyaxs, 
••'  Pickett. 


Mr.  Sxyder. 
••  Sims, 


Executive, 

Mr.  Johxsox, 
Kelly, 
Matthews, 


Mr.  T'ilsox, 
McCLrRE. 


Boundaries, 

Mr.  Bradley,  Mr.  Wyatt,  Mr.  Eouxsayille, 

••    Beasley,  "    WiLSOx,  Grey,  of  Phillip; 

"    Gray,  of  TVoodmff. 

(  13  ) 


STANDmG  COMMITTEES  OF  THE  CO]^rYENTIOI^. 


Mr.  Montgomery, 
"  Snyder, 


tfiidiclary, 

Mr.  McClure, 
"  Sams, 
"  McCowN, 


Mr.  Sims, 
"  Hinds. 


State  Officers  other  than  Executive. 

Mr.  Brashear,  Mr.  Duvall,  Mr.  Matthews, 

Erooks,  "    Williams,  "    Hodges,  of  Pulaski. 

"  Sims, 

Organization  of  Government  of  Cities  and  Villages, 

Mr.  Grey,  of  Phillips,       Mr.  Samuels,  Mr.  Mallory, 

"    Johnson,  Cypert,  "  Corbell. 

Allen, 


Mr.  Mallory, 
McClure, 


Salaries, 

Mr.  Hutchinson, 

MiSNER, 


Mr.  Sims, 
"    Gray,  of  JeflPerson 


Counties  and  Townships, 

Mr.  Oliver,  Mr.  Hawkins,  Mr.  Hinkle, 

"     MiLLSAPS,  "     LanGLEY,  HoUGHTON. 

"  Bell, 


Mr.  Hinds, 


Hutchinson, 


Elective  Franchise. 

Mr.  Exon,  Mr.  Cypert, 

"    Grey,  of  Phillips,     "  Brashear. 


Finance,  Taxation,  Public  Debt,  and  Expenditures. 

Mr.  McClure,  Mr.  Sarber,  Mr.  Poole, 

"    Hodges,  of  Pulaski,     "    Montgomery,  "  Sims. 

"  Scott, 


Mr.  Hutchinson, 
"  Mason, 

(  14  ) 


Education. 

Mr.  Grey,  of  Phillips,  Mr.  Brooks, 

"  Dale,  "  Gray,  of  Jefferson. 
"  Smith, 


STAXDIXG  CO^IMITTEES  OF  THE  COyVEXTIOX. 


Banking,  and  Corporations  other  than  Municipal, 

^Ir.  McCowx,  ]\Ir.  Hatfield.  Mr.  Houghtox, 

Sarber.  "    Hodges.,  of  Crittenden.     ••  TTilliams. 

Ex^nption  of  Meal  and  Personal  Estate* 

]^Ir.  Beasley.  ]\Ir.  Montgomery.  Mr.  Owen. 

Murphy,  Eouxsaville.  -  McCown. 

"  Beldex. 

Amending  and  Hevlsing  Constitution. 

Mr.  Kyle,  Mr.  Wyatt,  Mr.  Snyder. 

Eeynolds.  Williams.  Brashear. 

"    Gray,  of  Jefferson. 


Mr.  Smith, 
"  Oliver, 


Internal  Intproveme^its. 

Mr.  Bell.  Mr.  Brashear, 

"      PORTIS,  MiSNER. 

"  Sarber. 


Impeachment,  and  Removal  from  Office. 


Mr.  Evans. 
"  Shoppach. 


Mr.  Puntney. 

PiAWLINGS, 

'•  White. 


Mr.  Priddy, 
■■  Gantt. 


Mr.  Scott. 
"  Allen. 


Miscellan eo  ns  Provisions. 

Mr.  Coates. 
Mallory, 
"  Eatclieee, 


Mr.  Evans, 
"  White. 


Mr.  Matthew? 
"  Hicks. 


Schedule, 

Mr.  EorNSAviLLE. 
"  Puntney, 
Hinds. 


Mr.  Gantt. 
Eector. 


Mr.  McClure. 
Sarber, 


Printing, 


Mr.  Sims, 
Coates. 


Mr.  Hodges,  of  Pulaski, 
"    Yan  Hook. 

(  15  ) 


STANDING  COMMITTEES  OF  THE  CONYENTION. 


Mr.  Sams, 
"  Bradley, 


Supplies, 

Mr.  Hawkins, 
"  Mason, 
"  Wright, 


Mr.  Harrison, 
' '    Hodges,  of  Crittenden. 


Mr,  Sarbee, 
"  Mallory, 


Election* 

Mr.  Hinds, 
"  Hatfield, 
"  Dale, 


Mr.  Hutchinson, 
"  Gantt. 


Mr.  Sarber, 
"  McClure, 


Apportionment, 

Mr.  Hinds,  Mr.  Snyder. 

"    Hodges,  of  Pulaski, 


Mr.  Poole, 

"  COATES, 


Engrossment, 

Mr.  Bradley, 

HOGE, 


Mr.  Evans, 


Hodges,  of  Pulaski. 


Mr.  Hinds, 
"  Beasley, 


Memorials  and  Ordinances, 


Mr.  Eawlings, 
^'  Snyder, 


Mr.  Kyle, 

"  HOLLIS. 


Federal  Relations, 

Mr.  Hodges,  of  Crittenden,  Mr.  Snyder,  Mr.  Murphy, 

"    Hutchinson,                     Hodges,  of  Pulaski,  "  Scott. 

"  Cypert, 


Mr.  Cypert, 


Revising  Journal, 
Mr.  Brooks, 


Mr.  Beasley. 


Ratification, 


Mr.  Hodges,  of  Pulaski,    Mr.  Smith, 


Mr.  Hutchinson. 


Mr.  Brooks, 


(  16  ) 


Correspondence, 
Mr.  Sims,  Mr.  Hodges,  of  Crittenden. 


_    T  H  E 

ACTS  OF  CONGRESS, 
ORDERS 

F  E  0  :\I    H  E  A  D  Q  U  A  R  T  E  E  S 

FOURTH  MILITARY  DISTRICT, 

ISSUED  PURSUANT  THEEETO  ; 

UXDER  THE  PROVISIONS  AST)  BY  THE  AUTHORITY  OF  WHICH  THE 
COXVENTIOX  WAS  CALLED,  AXD  ASSEMBLED. 


To  PROVIDE  FOR  THE  MORE  EFFICIENT  GoVERXMEXT  OF  THE  EeBEL  StaTES. 

TThereas  no  legal  State  governments  or  adequate  protection  for  life  or 
property  now  exists  in  the  rebel  States  of  Virginia,  Xorth  Carolina,  South 
Carolina,  Georgia,  Mississippi,  Alabama,  Louisiana,  Florida,  Texas,  and 
Arkansas:  and  whereas  it  is  necessary  that  peace  and  good  order  should 
be  enforced  in  said  States  until  loyal  and  republican  State  governments 
can  be  legally  established  :    Therefore — 

£e  it  enacted  hy  the  Senate  and  House  of  Reiyresentatkes  of  the  United  States 
of  America  in  Congress  assembled^  That  said  rebel  States  shall  be  divided 
into  military  districts  and  made  subject  to  the  military  authority  of  the 
United  States  as  hereinafter  prescribed  :  and  for  that  purpose  Virginia 
shall  constitute  the  first  district;  Xorth  Carolina  and  South  Carolina  the 
second  district ;  Georgia,  Alabama,  and  Florida  the  tliird  district :  Mis- 
sissippi and  Arkansas  the  fourth  district :  and  Louisiana  and  Texas  the 
fifth  district. 

Sec.  2.  And  be  it  fnrther  enacted^  That  it  shall  be  the  duty  of  the 
President  to  assign  to  the  command  of  each  of  said  districts  an  officer  of 
the  army  not  below  the  rank  of  brigadier  general,  and  to  detail  a  sufficient 

2  (  17  ) 


ARKANSAS  COI^STITUTIOKAL  CONYEKTIOIT,  1868. 


military  force  to  enable  such  officer  to  perform  Hs  duties  and  enforce  his 
authority  within  the  district  to  which  he  is  assigned. 

Sec.  3.  And  be  it  further  enacted.  That  it  shall  he  the  duty  of  each  officer 
assigned  as  aforesaid  to  protect  all  persons  in  their  rights  of  person  and 
property,  to  suppress  insurrection,  disorder,  and  violence,  and  to  punish, 
or  cause  to  be  punished,  all  disturbers  of  the  public  peace  and  criminals, 
and  to  this  end  he  may  allow  local  civil  tribunals  to  take  jurisdiction  of 
and  to  try  offiBnders,  or,  when  in  his  judgment  it  may  be  necessary  for 
the  trial  of  offenders,  he  shall  have  power  to  organize  military  commis- 
sions or  tribunals  for  that  purpose,  and  all  interference,  under  color  of 
State  authority,  w^ith  the  exercise  of  military  authority  under  this  act, 
shall  be  null  and  void. 

Sec.  4.  And  be  it  further  enacted,  That  all  persons  put  under  military 
arrest  by  virtue  of  this  act  shall  be  tried  without  unnecessary  delay,  and 
no  cruel  or  "unusual  punishment  shall  be  inflicted  ;  and  no  sentence  of 
any  military  commission  or  tribunal  hereby  authorized,  affecting  the  life 
or  liberty  of  any  person,  shall  be  executed  until  it  is  approved  by  the 
officer  in  command  of  the  district,  and  the  laws  and  regulations  for  the 
government  of  the  army  shall  not  be  affected  by  this  act,  except  in  so  far 
as  they  conflict  with  its  provisions  :  Provided,  That  no  sentence  of  death, 
under  the  provisions  of  this  act,  shall  be  carried  into  effect  without  the 
approval  of  the  President. 

Sec.  5.  And  be  it  further  enacted,  That  when  the  people  of  any  one  of 
said  rebel  States  shall  have  formed  a  constitution  of  government  in  con- 
formity with  the  Constitution  of  the  United  States  in  all  respects,  framed 
by  a  convention  of  delegates  elected  by  the  male  citizens  of  said  State 
twent3^-one  years  old  and  upward,  of  whatever  race,  color,  or  previous 
condition,  who  have  been  resident  in  said  State  for  one  year  previous  to 
the  day  of  such  election,  except  such  as  may  be  disfranchised  for  partici- 
pation in  the  rebellion,  or  for  felony  at  common  law;  and  when  such  con- 
stitution shall  provide  that  the  elective  franchise  shall  be  enjoyed  by  all 
such  persons  as  have  the  qualifications  herein  stated  for  electors  of  dele- 
gates ;  and  when  such  constitution  shall  be  ratified  by  a  majority  of  the 
persons  voting  on  the  question  of  ratification  who  are  qualified  as  electors 
for  delegates ;  and  when  such  constitution  shall  have  been  submitted  to 
Congress  for  examination  and  approval,  and  Congress  shall  have  approved 
the  same ;  and  when  said  State,  by  a  vote  of  its  legislature  elected  under 
said  constitution,  shall  have  adopted  the  amendment  to  the  Constitution 
of  the  United  States  proposed  by  the  Thirty-ninth  Congress,  and  known 
as  article  fourteen  ;  and  when  said  article  shall  have  become  a  part  of  the 
Constitution  of  the  United  States,  said  State  shall  be  declared  entitled  to 
representation  in  Congress,  and  senators  and  representatives  shall  be  ad- 
mitted therefrom  on  their  taking  the  oath  prescribed  by  law ;  and  then 
and  thereafter  the  preceding  sections  of  this  act  shall  be  inoperative  in 
(  18  ) 


EECOXSTEUCTIOX  ACTS  OF  COXC-rEESS 


said  State  :  Fro'C'fkcL  That  no  person  excluded  from  the  privilege  of  hold- 
ing office  by  said  proposed  amendment  to  the  Constitution  of  the  United 
States  sh-allbe  elis'ible  to  election  as  a  member  of  the  convention  to  frame 
a  constitution  for  any  of  said  rebel  States,  nor  shall  any  sucli  person  vote 
for  members  of  such  convention. 

Sec.  6.  Ard  5c  ftrr^h-ir  encd'^d.  That  until  the  people  of  said  rebel  States 
shall  be  by  law  admitted  to  representation  in  the  Congress  of  the  ITnited 
States,  any  civil  government  which  may  exist  therein,  shall  be  deemed 
provisional  only,  and  in  all  respects  subject  to  the  paramount  authority  of 
the  Cnited  States  at  any  time  to  abolish,  modify,  control,  or  supersede  the 
same  ;  and  in  all  elections  to  any  office  under  such  provisional  govern- 
ments all  persons  shall  Ije  entitled  to  vote,  and  none  others,  who  are  enti- 
tled to  vote  under  the  lifth  section  of  this  act:  and  no  person  shall  be 
eligible  to  any  office  under  any  such  provisional  governments  who  would 
be  disqualified  from  holding  office  under  the  provisions  of  the  third  article 
of  said  constitutional  amendment. 

ScHrVLER  COLEAX, 
Speaker  of  the  House  of  Eepresentatives. 

La  Fayette  S.  Foster, 

President  of  the  Senate,  pro  tempore. 

Ix  THE  House  or  Eepeesextatites, 

Alarch  2.  1S67. 

The  President  of  the  United  States  having  returned  to  the  House  of 
Representatives,  in  which  it  originated,  the  bill  entitled  "An  act  to  pro- 
vide for  the  more  efficient  government  of  the  rebel  States, with  his  ob- 
jections thereto,  the  House  of  Eepre-eutatives  proceeded,  in  pursuance  ot 
the  Constitution,  to  reconsider  the  same,  and 

Btiolctd,  That  the  said  bill  do  pass,  two-thirds  of  the  House  of  Repre- 
sentatives agreeing  to  pass  the  same. 

Attest :  -       Edward  AIcPhersox, 

Clerk  H,  E.  I'.  S. 

Senate  of  the  E^-ited  States. 

Alarch  2.  1S67. 

The  Senate  having  proceeded,  in  pursuance  of  the  Constitution,  to  re- 
consider the  bill  entitled  ••'An  act  to  provide  for  the  more  efficient  gov- 
ernment of  the  rebel  States,'"  returned  to  the  House  of  Representatives 
by  the  President  of  the  United  States  with  his  objections,  and  sent  by  the 
House  of  Representatives  to  the  Senate  with  the  message  of  the  President 
returning  the  bill, 

Btiohed,  That  the  bill  do  pass,  two-thirds  of  the  Senate  agreeing  to 
pass  the  same. 

Attest :  J.  FoRXEY, 

Secretary  of  the  Senate. 

(  19  ) 


AEKANSAS  COIS^STITUTIONAL  CONVENTION,  1868. 


Supplementary  to  an  act  entitled  "  An  act  to  provide  for  the  more 

EFFICIENT  GOVERNMENT  OF  THE  ReBBL  StATES,"  PASSED  MaRCH  SECOND^ 
'      EIGHTEEN  HUNDRED  AND  SIXTY-SEVEN,  AND  TO  FACILITATE  RESTORATION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress,  assembled^  That  before  the  first  day  of  September, 
eio-hteen  hundred  and  sixty-seven,  the  commanding  general  in  each  dis- 
trict defined  by  an  act  entitled  "  An  act  to  provide  for  the  more  efiicient 
government  of  the  rebel  States,"  passed  March  second,  eighteen  hundred 
and  sixty-seven,  shall  cause  a  registration  to  be  made  of  the  male  citizens  of 
the  United  States,  twenty-one  years  of  age  and  upwards,  resident  in  each 
county  or  parish  in  the  State  or  States  included  in  his  district,  which  reg- 
istration shall  include  only  those  persons  who  are  qualified  to  vote  for 
deleo^ates  bv  the  act  aforesaid,  and  who  shall  have  taken  and  subscribed 

the  following  oath  or  afiirmation :  "I,  ,  do  solemnl}^  swear,  (or 

afiirm,)  in  the  presence  of  Almighty  God,  that  I  am  a  citizen  of  the  State 
of  ;  that  I  have  resided  in  said  State  for  months  next  pre- 
ceding this  day,  and  now  reside  in  the  county  of  ,  or  the  parish 

of  ,  in  said  State,  (as  the  case  may  be ;)  that  I  am  twenty-one  years 

old ;  that  I  have  not  been  disfranchised  for  participation  in  any  rebellion 
or  civil  war  against  the  United  States,  nor  for  felony  committed  against 
the  laws  of  any  State  or  of  the  United  States ;  that  I  have  never  been  a 
member  of  any  State  legislature,  nor  held  any  executive  or  judicial  office 
in  any  State  and  afterwards  engaged  in  insurrection  or  rebellion  against 
the  United  States,  or  given  aid  or  comfort  to  the  enemies  thereof ;  that  I 
have  never  taken  an  oath  as  a  member  of  Congress  of  the  United  States, 
or  as  an  officer  of  the  United  States,  or  as  a  member  of  any  State  legisla- 
ture, or  as  an  executive  or  judicial  officer  of  any  State,  to  support  the 
Constitution  of  the  United  States,  and  afterwards  engaged  in  insurrection 
or  rebellion  against  the  United  States,  or  given  aid  or  comfort  to  the  ene- 
mies thereof;  that  I  will  faithfully  support  the  Constitution  and  obey  the 
laws  of  the  United  States,  and  will,  to  the  best  of  my  ability,  encourage 
others  so  to  do:  So  help  me  G-od;"  which  oath  or  affirmation  may  be  ad- 
ministered by  any  registering  officer. 

Sec  2.  And  be  it  f  arther  enacted,  That  after  the  completion  of  the  regis- 
tration hereby  provided  for  in  any  State,  at  such  time  and  places  therein 
as  the  commanding  general  shall  appoint  and  direct,  of  which  at  least 
thirty  days  public  notice  shall  be  given,  an  election  shall  be  held  of  dele- 
gates to  a  convention  for  the  purpose  of  establishing  a  constitution  and 
civil  government  for  such  State  loyal  to  the  Union,  said  convention  in 
(  20  ) 


EEC0]5^STEUCTI0N  ACTS  OF  CONGEESS. 


each  State,  except  Virginia,  to  consist  of  the  same  number  of  members  as 
the  most  numerous  branch  of  the  State  legislature  of  such  State  in  the 
year  eighteen  hundred  and  sixty,  to  be  apportioned  among  the  several 
districts,  counties,  or  parishes  of  such  State  by  the  commanding  general, 
giving  to  each  representation  in  the  ratio  of  voters  registered  as  aforesaid 
as  nearly  as  may  be.  The  convention  in  Virginia  shall  consist  of  the 
same  number  of  members  as  represented  the  territory  now  constituting 
Virginia  in  the  most  numerous  branch  of  the  legislature  of  said  State  in 
the  3^ear  eighteen  hundred  and  sixty,  to  be  apportioned  as  aforesaid. 

Sec.  3.  And  be  it  further  enacted,  That  at  said  election  the  registered 
voters  of  each  State  shall  vote  for  or  against  a  convention  to  form  a  con- 
stitution therefor  under  this  act.  Those  voting  in  favor  of  such  a  conven- 
tion shall  have  written  or  printed  on  the  ballots  by  which  they  vote  for 
delegates,  as  aforesaid,  the  words  "  For  a  convention,"  and  those  voting 
against  such  a  convention  shall  have  written  or  printed  on  such  ballots 
the  words  Against  a  convention."  The  persons  appointed  to  superin- 
tend said  election,  and  to  make  return  of  the  votes  given  thereat,  as 
herein  provided,  shall  count  and  make  return  of  the  votes  given  for  and 
against  a  convention ;  and  the  commanding  general  to  whom  the  same 
shall  have  been  returned  shall  ascertain  and  declare  the  total  vote  in  each 
State  for  and  against  a  convention.  If  a  majority  of  the  votes  given  on 
that  question  shall  be  for  a  convention,  then  such  convention  shall  be  held 
as  hereinafter  provided;  but  if  a  majority  of  said  votes  shall  be  against 
a  convention,  then  no  such  convention  shall  be  held  under  this  act:  Pro- 
vided, That  such  convention  shall  not  be  held  unless  a  majority  of  all 
such  registered  voters  shall  have  voted  on  the  questions  of  holding  such 
convention. 

Sec.  4.  Aiid  be  it  further  enacted,  That  the  commanding  general  of  each 
district  shall  appoint  as  many  boards  of  registration  as  may  be  necessary, 
consisting  of  three  loyal  officers  or  persons,  to  make  and  complete  the 
registration,  superintend  the  election,  and  make  return  to  him  of  the 
votes,  list  of  voters,  and  of  the  persons  elected  as  delegates  by  a  plurality 
of  the  votes  cast  at  said  election;  and  upon  receiving  said  returns  he 
shall  open  the  same,  ascertain  the  persons  elected  as  delegates,  according 
to  the  returns  of  the  officers  who  conducted  said  election,  and  make  proc- 
lamation thereof;  and  if  a  majority  of  the  votes  given  on  that  question 
shall  be  for  a  convention,  the  commanding  general,  within  sixty  days  from 
the  date  of  election,  shall  notify  the  delegates  to  assemble  in  convention, 
at  a  time  and  place  to  be  mentioned  in  the  notification,  and  said  conven- 
tion, when  organized,  shall  proceed  to  frame  a  constitution  and  civil  gov- 
ernment according  to  the  provisions  of  this  act,  and  the  act  to  which  it  is 
supplementary ;  and  when  the  same  shall  have  been  so  framed,  said  con- 
stitution shall  be  submitted  by  the  convention  for  ratification  to  the 
persons  registered  under  the  provisions  of  this  act  at  an  election  to  be 

(  21  ) 


AEKANSAS  CONSTITUTIONAL  COISTYENTION,  1868. 


conducted  by  the  officers  or  persons  appointed,  or  to  be  appointed  by  tlie 
commanding  general,  as  hereinbefore  provided,  and  to  be  held  after  the 
expiration  of  thirty  days  from  the  date  of  notice  thereof,  to  be  given  by 
said  convention ;  and  the  returns  thereof  shall  be  made  to  the  command- 
ing general  of  the  district. 

Sec.  5.  And  be  ii  further  enacted,  That  if,  according  to  said  returns, 
the  constitution  shall  be  ratified  by  a  majority  of  the  votes  of  the  regis- 
tered electors  qualified  as  herein  specified,  cast  at  said  election,  at  least 
one-half  of  all  the  registered  voters  voting  upon  the  question  of  such 
ratification,  the  president  of  the  convention  shall  transmit  a  copy  of  the 
same,  duly  certified,  to  the  President  of  the  United  States,  who  shall 
forthwith  transmit  the  same  to  Congress,  if  then  in  session,  and  if  not  in 
session,  then  immediately  upon  its  next  assembling ;  and  if  it  shall  more- 
over appear  to  Congress  that  the  election  was  one  at  which  all  the  regis- 
tered and  qualified  electors  in  the  State  had  an  opportunity  to  vote  freely, 
and  without  restraint,  fear,  or  the  influence  of  fraud,  and  if  the  Congress 
shall  be  satisfied  that  such  constitution  meets  the  approval  of  a  majority 
of  all  the  qualified  electors  in  the  State,  and  if  the  said  constitution  shall 
be  declared  by  Congress  to  be  in  conformity  with  the  provisions  of  the  " 
act  to  which  this  is  supplementary,  and  the  other  provisions  of  said  act 
shall  have  been  complied  with,  and  the  said  constitution  shall  be  approved 
by  Congress,  the  State  shall  be  declared  entitled  to  representation,  and 
senators  and  representatives  shall  be  admitted  therefrom  as  therein 
provided. 

Sec.  6.  And  he  it  further  enacted.  That  all  elections  in  the  States  men- 
tioned in  the  said  "  Act  to  provide  for  the  more  efficient  government  of  the 
rebel  States,"  shall,  during  the  operation  of  said  act,  be  by  ballot;  and  all 
officers  making  the  said  registration  of  voters,  and  conducting  said  elec- 
tions, shall,  before  entering  upon  the  discharge  of  their  duties,  take  and 
subscribe  the  oath  prescribed  by  the  act  approved  July  second,  eighteen 
hundred  and  sixty-two,  entitled  "An  act  to  prescribe  an  oath  of  office:" 
Provided,  That  if  any  person  shall  knowingly  and  falsely  take  and  sub- 
scribe any  oath  in  this  act  prescribed,  such  person  so  ofiTending,  and  being 
thereof  duly  convicted,  shall  be  subject  to  the  pains,  penalties,  and  dis- 
abilities which  by  law  are  provided  for  the  punishment  of  the  crime  of 
wilful  and  corrupt  perjury. 

Sec.  7.  And  be  it  further  enacted,  That  all  expenses  incurred  by  the  sev- 
eral commanding  generals,  or  by  virtue  of  any  orders  issued,  or  appoint- 
ments made  by  them,  under  or  by  virtue  of  this  act,  shall  be  paid  out  of 
any  moneys  in  the  Treasury  not  otherwise  appropriated. 

Sec.  8.  And  be  it  further  enacted,  That  the  convention  for  each  State  shall 
prescribe  the  fees,  salary,  and  compensation  to  be  paid  to  all  delegates  and 
other  officers  and  agents  herein  authorized  or  necessary  to  carry  into  efifect 
the  purposes  of  this  act,  not  herein  otherwise  provided  for,  and  shall  pro- 
(  22  ) 


EECOXSTEUCTIOX  ACTS  OF  COXGEESS. 


vide  for  the  levy  and  collectiou  of  such  taxes  on  the  property  in  such  State 
as  may  be  uecessarj  to  pay  the  same. 

Sec.  9.  And  be  it  further  enacted,  That  the  word  "  article,''  in  the  sixth 
section  of  the  act  to  which  this  is  supplementary,  shall  be  construed  to 
mean  "  section." 

Schuyler  Colfax. 

Speaker  of  the  House  of  Representatives. 

B.  F.  AVade, 

President  of  the  Senate,  pro  tempore. 

Ix  THE  House  of  Eepresextatiyes,  U.  S., 

:y:arch  23d,  1867. 

The  President  of  the  United  States  having  returned  to  the  House  of 
Representatives,  in  which  it  originated,  the  bill  entitled  An  act  supple- 
mentary to  an  act  entitled  '  An  act  to  provide  for  the  more  efficient  gov- 
ernment of  the  rebel  States,'  passed  March  second,  eighteen  hundred  and 
sixty-seven,  and  to  facilitate  restoration,"  with  his  objections  thereto,  the 
House  of  Representatives  proceeded,  in  pursuance  of  the  Constitution,  to 
reconsider  the  same ;  and — 

Besolved,  That  the  said  bill  do  pass,  two-thirds  of  the  House  of  Repre- 
sentatives agreeing  to  pass  the  same. 

Attest :  Edwd.  McPhersox, 

Clerk  H.  E.  U.  S. 


Ix  Sexate  of  the  Uxited  States, 

March  23d,  1867.  ' 

The  Senate  having  proceeded,  in  pursuance  of  the  Constitution,  to  re- 
consider the  bill  entitled  An  act  supplementary  to  an  act  entitled  '  An 
act  to  pr'-vide  for  the  more  efficient  government  of  the  rebel  States,' 
passed  March  second,  eighteen  hundred  and  sixty-seven,  and  to  facilitate 
restoration,"  returned  to  the  House  of  Representatives  by  the  President 
of  the  United  States,  with  his  objections,  and  sent  by  the  House  of  Rep- 
resentatives to  the  Senate,  with  the  message  of  the  President  returning 
the  bill— 

Hesolved,  That  the  bill  do  pass,  two-thirds  of  the  Senate  agreeing  to 
pass  the  same. 

Attest :  J.  TT.  Forxey, 

Secretary, 


(  23  ) 


AEKAIv^SAS  COISTSTITUTIONAL  CONYENTIOlSr,  1868. 


Supplementary  to  an  act  entitled  "An  act  to  provide  for  the  more 

EFFICIENT  government  OF  THE  ReBEL  StATES,"  PASSED  ON  THE  SECOND 

DAY  OF  March,  eighteen  hundred  and  sixty-seven,  and  the  act 
supplementary  thereto,  passed  ON  the  twenty-third  day  OF  March, 

EIGHTEEN  HUNDRED  AND  SIXTY-SEVEN.  ^ 

Be  it  enacted  by  the  Senate  and  House  of  Bepreseniatives  of  the  United  States 
of  America  in  Congress  assembled,  That  it  is  hereby  declared  to  have  been 
the  true  intent  and  meaning  of  the  act  of  the  second  day  of  March,  one 
thousand  eight  hundred  and  sixty-seven,  entitled  "An  act  to  provide  for 
the  more  efficient  government  of  the  rebel  States,"  and  of  the  act  supple- 
mentary thereto,  passed  on  the  twenty- third  day  of  March,  in  the  year 
one  thousand  eight  hundred  and  sixty-seven,  that  the  governments  then 
existing  in  the  rebel  States  of  Virginia,  IvTorth  Carolina,  South  Carolina, 
Georgia,  Mississippi,  Alabama,  Louisiana,  Florida,  Texas,  and  Arkansas, 
were  not  legal  State  governments ;  and  that  thereafter  said  governments, 
if  continued,  were  to  be  continued  subject  in  all  respects  to  the  military 
commanders  of  the  respective  districts,  and  to  the  paramount  authority 
of  Congress. 

Sec.  2.  And  be  it  further  enacted,  That  the  commander  of  any  district 
named  in  said  act  shall  have  power,  subject  to  the  disapproval  of  the 
General  of  the  army  of  the  United  States,  and  to  have  effect  till  disap- 
proved, whenever  in  the  opinion  of  such  commander  the  proper  adminis- 
tration of  said  act  shall  require  it,  to  suspend  or  remove  from  office,  or 
from  the  performance  of  official  duties  and  the  exercise  of  official  powers, 
any  officer  or  person  holding  or  exercising,  or  professing  to  hold  or  exer- 
cise, any  civil  or  military  office  or  duty  in  such  district  under  any  power, 
election,  appointment,  or  authority  derived  from,  or  granted  by,  or 
claimed  under,  any  so-called  State  or  the  government  thereof,  or  any  mu- 
nicipal or  other  division  thereof ;  and  upon  such  suspension  or  removal 
such  commander,  subject  to  the  disapproval  of  the  General  as  aforesaid, 
shall  have  power  to  provide  from  time  to  time  for  the  performance  of  the 
said  duties  of  such  officer  or  person  so  suspended  or  removed,  by  the  de- 
tail of  some  competent  officer  or  soldier  of  the  army,  or  by  the  appointment 
of  some  other  person,  to  perform  the  same,  and  to  fill  vacancies  occasioned 
by  death,  resignation,  or  otherwise. 

Sec.  3.  And  be  it  f  urther  enacted,  That  the  General  of  the  army  of  the 
United  States  shall  be  invested  with  all  the  powers  of  suspension,  removal, 
appointment,  and  detail  granted  in  the  preceding  section  to  district  com- 
manders. 

Sec.  4.  And  be  it  further  enacted,  That  the  acts  of  the  officers  of  the 

(  24  ) 


EECONSTEUCTIOIS'  ACTS  OF  CONGEESS. 


army  already  done  in  removing  in  said  districts,  persons  exercising  the 
functions  of  civil  officers,  and  appointing  others  in  their  stead,  are  hereby 
confirmed  :  Provided,  That  any  person  heretofore  or  hereafter  appointed 
by  any  district  commander  to  exercise  the  functions  of  any  civil  office, 
may  be  removed  either  by  the  military  officer  in  command  of  the  district, 
or  by  the  General  of  the  army.  And  it  shall  be  the  duty  of  such  com- 
mander to  remove  from  office  as  aforesaid  all  persons  who  are  disloyal  to 
the  government  of  the  United  States,  or  who  use  their  official  influence  in 
any  manner  to  hinder,  delay,  prevent,  or  obstruct  the  due  and  proper  ad- 
ministration of  this  act  and  the  acts  to  which  it  is  supplementary. 

Sec.  5.  And  he  it  further  enacted,  That  the  boards  of  registration  provided 
for  in  the  act  entitled  "An  act  supplementary  to  an  act  entitled  'An  act 
to  provide  for  the  more  efficient  government  of  the  rebel  States,'  passed 
March  two,  eighteen  hundred  and  sixty-seven,  and  to  facilitate  restora- 
tion," passed  March  twenty-three,  eighteen  hundred  and  sixty-seven,  shall 
have  power,  and  it  shall  be  their  duty  before  allowing  the  registration  of 
any  person,  to  ascertain,  upon  such  facts  or  information  as  they  can  ob- 
tain, whether  such  person  is  entitled  to  be  registered  under  said  act,  and 
the  oath  required  by  said  act  shall  not  be  conclusive  on  such  question, 
and  no  person  shall  be  registered  unless  such  board  shall  decide  that  he 
is  entitled  thereto ;  and  such  board  shall  also  have  power  to  examine, 
under  oath,  (to  be  administered  by  any  member  of  such  board,)  any  one 
touching  the  qualification  of  any.  person  claiming  registration  ;  but  in 
every  case  of  refusal  by  the  board  to  register  an  applicant,  and  in  every 
case  of  striking  his  name  from  the  list  as  hereinafter  provided,  the  board 
shall  make  a  note  or  memorandum,  which  shall  be  returned  with  the  reg- 
istration list  to  the  commanding  general  of  the  district,  setting  forth  the 
grounds  of  such  refusal  or  such  striking  from  the  list :  Provided,  That  no 
person  shall  be  disqualified  as  member  of  any  board  of  registration  by 
reason  of  race  or  color. 

Sec.  6.  And  he  it  further  enacted,  That  the  true  intent  and  meaning  of 
the  oath  prescribed  in  said  supplementary  act  is,  (among  other  things,) 
that  no  person  who  has  been  a  member  of  the  Legislature  of  any  State, 
or  who  has  held  any  executive  or  judicial  office  in  any  State,  whether 
he  has  taken  an  oath  to  support  the  Constitution  of  the  United  States  or 
not,  and  whether  he  was  holding  such  office  at  the  commencement  of 
the  rebellion,  or  had  held  it  before,  and  who  has  afterwards  engaged  in 
insurrection  or  rebellion  against  the  United  States,  or  given  aid  or  com- 
fort to  the  enemies  thereof,  is  entitled  to  be  registered  or  to  vote ;  and 
the  w^ords  ''executive  or  judicial  office  in  any  State"  in  said  oath  men- 
tioned shall  be  construed  to  include  all  civil  offices  created  by  law  for 
the  administration  of  any  general  law  of  a  State,  or  for  the  administra- 
tion of  justice. 

Sec.  7.  And  he  it  further  enacted,  That  the  time  for  completing  the 

(  25  ) 


AEKAIS^SAS  CONSTITUTIOIS-AL  CONYE^^^TION,  1868. 


original  registration  provided  for  in  said  act  may,  in  the  discretion  of 
the  commander  of  any  district,  be  extended  to  the  first  day  of  October, 
eighteen  hundred  and  sixty-seven;  and  the  boards  of  registration  shall 
have  power,  and  it  shall  be  their  duty,  commencing  fourteen  days  prior 
to  any  election  under  said  act,  and  upon  reasonable  public  notice  of  the 
time  and  place  thereof,  to  revise,  for  a  period  of  five  days,  the  registra- 
tion lists,  and  upon  being  satisfied  that  any  person  not  entitled  thereto 
has  been  registered,  to  strike  the  name  of  such  person  from  the  list,  and 
such  person  shall  not  be  allowed  to  vote.  And  such  board  shall  also, 
during  the  same  period,  add  to  such  registry  the  names  of  all  persons 
who  at  that  time  possess  the  qualifications  required  by  said  act  who  have 
not  been  already  registered ;  and  no  person  shall,  at  any  time,  be  entitled 
to  be  registered  or  to  vote  by  reason  of  any  executive  pardon  or  amnesty 
for  any  act  or  thing  which,  without  such  pardon  or  amnesty,  would  dis- 
qualify him  for  registration  or  voting. 

Sec.  8.  And  be  it  further  enacted^  That  section  four  of  said  last-named 
act  shall  be  construed  to  authorize  the  commanding  general  named 
therein,  whenever  he  shall  deem  it  needful,  to  remove  any  member  of  a 
board  of  registration  and  to  appoint  another  in  his  stead,  and  to  fill  any 
vacancy  in  such  board. 

Sec.  9.  And  he  it  further  enacted^  That  all  members  of  said  boards  ot 
registration  and  all  persons  hereafter  elected  or  appointed  to  ofi&ce  in 
said  military  districts,  under  any  so-called  State  or  municipal  authority, 
or  by  detail  or  appointment  of  the  district  commanders,  shall  be  required 
to  take  and  to  subscribe  the  oath  of  ofi3.ce  prescribed  by  law  for  officers 
of  the  United  States. 

Sec.  10.  And  he  it  further  enacted^  That  no  district  commander  or  mem- 
ber of  the  board  of  registration,  or  any  of  the  officers  or  appointees  act- 
ing under  them,  shall  be  bound  in  his  action  by  any  opinion  of  any  civil 
officer  of  the  United  States. 

Sec.  11.  And  he  it  further  enacted,  That  all  the  provisions  of  this  act  and 
of  the  acts  to  which  this  is  supplementary  shall  be  construed  liberally,  to 
the  end  that  all  the  intents  thereof  may  be  fully  and  perfectly  carried  out. 

Schuyler  Colfax, 

Speaker  of  the  House  of  Eepresentatives. 

B.  F.  Wade, 

President  of  the  Senate,  pro  tempore. 

In  the  House  of  Eepresentatives,  U.  S., 

July  19th,  1867. 

The  President  of  the  United  States  having  returned  to  the  House  of 
Representatives,  in  which  it  originated,  the  bill  entitled  '*  An  act  supple- 
mentary to  an  act  entitled  '  An  act  to  provide  for  the  more  efficient 
government  of  the  rebel  States,'  passed  on  the  second  day  of  March, 
(  26  ) 


OEDEES  OF  DISTEICT  COMMANDEE. 


eighteen  hundred  and  sixty-seven,  and  the  act  supplementary  thereto, 
passed  on  the  twenty- third  day  of  March,  eighteen  hundred  and  sixty- 
seven,"  with  his  objections  thereto,  the  House  of  Eepresentatives  pro- 
ceeded, in  pursuance  of  the  Constitution,  to  reconsider  the  same;  and 

Resolved^  That  the  bill  do  pass,  two-thirds  of  the  House  of  Eepresenta- 
tives agreeing  to  pass  the  same. 

Attest:  Edw'd.  McPherson, 

Clerk  H.  E.  U.  S. 

Iisr  THE  Senate  of  the  United  States, 

July  19,  1867. 

The  Senate  having  proceeded,  in  pursuance  of  the  Constitution,  to  re- 
consider the  bill  entitled  "  An  act  supplementary  to  an  act  entitled  '  An 
act  to  provide  for  the  more  efficient  government  of  the  rebel  States,' 
passed  on  the  second  day  of  March,  eighteen  hundred  and  sixty-seven,  and 
the  act  supplementary  thereto,  passed  on  the  twenty-third  day  of  March, 
eighteen  hundred  and  sixty-seven,"  returned  to  the  House  of  Eepresenta- 
tives by  the  President  of  the  United  States,  with  his  objections,  and  sent 
by  the  House  of  Eepresentatives  to  the  Senate,  with  the  message  of  the 
President  returning  the  bill : 

Resolved,  That  the  bill  do  pass,  two-thirds  of  the  Senate  agreeing  to 
pass  the  same. 

Attest :  J.  W.  Forney, 

Secretary. 

By  W.  J.  McDonald, 

Chief  Clerk. 


HEADQUAETEES  FOUETH  MILITAEY  DISTEICT, 

(Mississippi  and  Arkansas) 

Office  of  Ciyil  Affairs, 

ViCKSBURG,  Miss.,  September  26tli,  1867. 

General  Orders  1 

^0.  31.  J  ^ 
I.  The  registration  of  the  legal  voters  in  this  Military  District  having 
been  completed,  in  compliance  with  the  provisions  of  the  Act  of  Congress, 
entitled  An  Act  to  provide  for  the  more  efficient  government  of  the 
rebel  States,"  and  the  Acts  supplementary  thereto,  an  election  is  hereby 
ordered  to  be  held  in  the  States  composing  the  same,  commencing  on  the 
first  Tuesday  in  J^ovember  next,  and  continuing  as  hereinafter  prescribed, 
until  completed,  to  determine  whether  conventions  shall  be  held,  for 
the  purpose  of  establishing  constitutions  and  civil  governments  for  the 

.    (  27  ) 


AEKANSAS  CONSTITUTIOlSrAL  CONYENTION,  1868. 


States  loyal  to  the  Union,"  and,  in  case  a  majority  of  the  votes  cast  are 
in  favor  thereof,  for  delegates  thereto. 

II.  In  order  to  secure  as  nearly  as  possible  a  fall  expression  of  the 
voice  of  the  people,  the  election  will  be  held  at  each  precinct  of  every 
county  of  the  States  in  the  District  and — as  required  by  law — under  the 
supervision  of  the  County  Boards  of  registration.  The  method  of  con- 
ducting the  election  in  each  county  will  be  as  follows :  Immediately  upon 
receipt  of  this  order  each  Board  of  registrars  will  meet — divide  the  whole 
number  of  election  precincts  of  their  respective  counties  into  three  por- 
tions as  nearl}^  equal  in  number  as  possible,  and  assign  one  of  the  shares 
thus  made  to  each  registrar,  who  will  be  responsible  for  the  proper  con- 
duct of  the  election  therein.  Thereupon  each  registrar  will  appoint  a 
judge  and  clerk  of  election,  who,  with  himself,  will  constitute  the  "  Com- 
missioners of  election,"  for  all  the  precincts  of  his  district.  Each  regis- 
trar will  provide  himself  with  a  ballot-box,  with  lock  and  key  and  of 
sufficient  size  to  contain  the  votes  of  all  the  res^istered  voters  in  his  lars-est 
precinct.  Each  registrar  will  give  full  and  timely  notice  throughout  his 
district,  of  the  da}^  of  election  in  each  precinct,  so  that  he,  with  his  judge 
and  clerk,  can  proceed  from  precinct  to  precinct  of  his  district,  and 
hold  election  on  consecutive  days — when  the  distance  between  precincts 
will  permit — with  a  view  to  the  early  completion  of  the  voting.  The 
election  will  be  by  ballot,  and  will  be  conducted  in  all  details,  not  herein 
prescribed,  according  to  the  customs  heretofore  in  use  in  the  respective 
States.  Each  ballot  will  have  written  or  printed  upon  it :  Eor  a  Con- 
vention "  or  "  Against  a  Convention,"  and  in  addition  the  correct  name 
(or  names)  of  the  delegate  (or  delegates)  voted  for.  Each  voter,  in  offer- 
ing his  ballot  must  exhibit  his  certificate  of  registry,  across  the  face  of 
which  the  clerk  of  election  will  write  his  name  in  red  ink,  to  indicate 
that  a  vote  has  been  cast  upon  that  certificate — at  the  same  time  the  reg- 
istrar will  check  off  the  voter's  name  on  the  precinct  book,  serving  as  the 
^'poll  book."  The  polls  will  be  opened  at  10  o'clock  a,  m.,  at  each  pre- 
cinct, and  will  be  kept  continuously  open  until  sunset,  at  which  time  the 
polls  will  be  closed,  the  ballot-box  opened,  votes  counted  by  the  Commis- 
sioners and  a  written  return  thereof,  under  oath  of  the  Commissioners, 
immediately  made  to  these  Headquarters,  in  duplicate.  The  votes  cast 
will  then  be  securely  enclosed  and  forwarded  by  mail  to  the  Assistant 
Adjutant  General  at  these  Headquarters,  with  a  letter  of  transmittal, 
setting  forth  the  number  of  votes  cast  for  and  the  number  against  a  con- 
vention, which  letter  will  be  witnessed  by  the  deputy  sheriff  present  in 
accordance  with  the  requirements  of  paragraph  Y  of  this  order.  (Special 
instructions  will  be  given  hereafter  with  regard  to  the  voting  of  some  of 
the  more  populous  precincts,  in  which  it  would  be  difficult  to  take  the 
entire  vote  by  the  above  method  in  one  day.) 
(  28  ) 


OEDEES  OF  DISTEICT  COMMAXDEE. 


III.  Judges  and  clerks  of  election  will  be  selected  by  registrars,  prefer- 
ably from  among  the  residents  of  their  respective  districts,  but  if  they 
cannot  be  obtained  therein,  competent  and  qualified  under  the  law,  then 
from  among  the  residents  of  the  county,  and  if  not  attainable  in  the  county, 
then  from  the  State  at  large ;  they  are  required  to  take  and  subscribe  to 
the  oath  of  office,  prescribed  by  the  Act  of  Congress  of  July  2d,  1862, 
which  oath  may  be  administered  by  the  registrar.  The  oaths,  properly 
subscribed,  will  be  forwarded  immediately  for  file  in  the  office  of  the 
Assistant  Adjutant  General  at  these  Headquarters. 

The  pay  of  these  officers  will  be  six  dollars  (§6)  per  diem,  for  each  day 
they  are  actually  employed  on  their  legitimate  duty,  and  their  actual  ex- 
penses of  transportation  within  their  district  will  be  reimbursed. 

IV.  Commencing  fourteen  days  before  the  election,  Boards  of  registrars 
will,  after  having  given  reasonable  public  notice  of  the  time  and  place 
thereof,  revise,  for  a  period  of  five  days,  the  registration  lists,  and,  upon 
being  satisfied  that  any  person  not  entitled  thereto  has  been  registered, 
will  strike  the  name  of  such  person  from  the  list,  and  such  person  shall 
not  be  allowed  to  vote.  The  Boards  will  also  during  the  same  period, 
add  to  the  registry  the  names  of  all  persons,  who  at  that  time  possess  the 
qualifications  required  by  law,  and  who  have  not  been  already  registered. 
All  chancres  made  in  the  lists  of  reoistered  voters,  will  be  immediatelv 
reported  to  these  Headquarters. 

V.  The  Sherifl'of  each  county  is  made  responsible  for  the  preservation 
of  good  order,  and  the  perfect  freedom  of  the  ballot  at  the  various  election 
precincts  in  his  county.  To  this  end  he  will  appoint  a  deputy — who  shall 
be  duly  qualified  under  the  laws  of  his  State — for  each  precinct  in  the 
county,  who  will  be  required  to  be  present  at  the  place  of  voting  during 
the  whole  time  the  election  is  being  held.  The  said  deputies  will 
prompth'  and  fully  obey  every  demand,  made  upon  their  official  services 
by  the  Commissioners  of  Election,  in  furtherance  of  good  order  during 
the  election,  under  penalty  of  immediate  arrest  and.  trial  by  Military  Com- 
mission. Sherifts,  in  making  their  appointments,  will  exercise  great  care 
to  select  men  whom  they  know  to  be  in  every  way  able  to  serve.  The 
persons  thus  selected  are  required  to  accept:  no  excuse  will  be  taken  for 
failure  to  serve. 

VI.  As  an  additional  measure  for  securing  the  purity  of  the  election, 
each  registrar,  judge  and  clerk,  is  hereby  clothed  with  all  tlie  functions 
of  a  civil  executive  officer,  is  empowered  to  make  arrests,  and  authorized 
to  perform  all  duties  appertaining  to  such  officers  under  the  laws  of  the 
States,  during  the  days  of  election. 

VIL  At  every  precinct  during  the  election,  all  public  bar-rooms,  sa- 

(  29  ) 


ARKANSAS  CONSTITUTIONAL  CONVENTION,  1868, 


loons  or  other  places  at  which  intoxicating  or  malt  liquor  is  sold  at  retail, 
will  be  closed  from  5  o'clock  a.  m.  until  10  o'clock  p.  m.  Should  any  in- 
fraction of  this  order  in  this  respect,  come  to  the  knowledge  of  the  Com- 
missioners of  election,  or  the  deputy  sheriff  in  attendance,  they  will  imme- 
diately cause  the  arrest  of  the  offending  party,  or  parties,  and  the  closing 
of  his,  or  their,  place  of  business.  All  parties  so  arrested  will  be  placed 
under  bonds,  of  not  less  than  one  hundred  dollars  ($100),  to  appear  for 
trial  when  required  by  proper  authority,  or  in  case  of  failure  to  give  the 
required  bond,  will  be  held  in  arrest  to  await  the  action  of  the  General 
Commanding. 

YIIL  Should  violence  or  fraud  be  perpetrated  at  the  election  in  any 
precinct,  the  General  Commanding  will  exercise  to  the  fullest  extent  the 
powers  vested  in  him  for  the  prompt  punishment  of  offenders,  and  the  elec- 
tion will  be  held  over  again  under  the  protection  of  United  States  troops. 

IX.  No  registrar,  judge  or  clerk  will  be  permitted  to  become  a  candi- 
date for  office  at  the  election  for  which  he  serves  as  Commissioner. 


X.  When  the  election  returns  are  received  from  all  the  counties,  the 
result  of  the  election  will  be  made  known,  and  in  case  the  majority  of  the 
legal  votes  cast  are  in  favor  of  a  Convention,  the  names  of  the  delegates 
elected  thereto  will  be  officially  announced,  and  further  orders  published 
assembling  the  Convention. 

XL  The  number  of  delegates  to  be  voted  for  in  the  State  of  Missis- 
sippi is  one  hundred,  apportioned  among  the  counties  as  follows  : 

To  the  county  of  Warren— five. 

To  the  counties  of  Lowndes  and  Hinds,  each— four. 


three  each. 


To  the  counties  of 

De  Soto, 

Marshall, 

Monroe, 

Carroll, 

Noxubee, 

Washington, 

Yazoo, 

Adams, 

To  the  counties  of 

Tippah, 

Tishomingo, 

Panola, 

Lafayette, 

Lee, 

Yallobusha, 

Chickasaw, 

Holmes, 

Attala, 

Madison, 

Rankin, 

Lauderdale 

Claiborne, 

Copiah, 

Jefferson, 

Wilkinson, 

To  the  counties  of 

Pontotoc, 

Itawamba, 

Tunica, 

Coahoma, 

Bolivar, 

Tallahatchie, 

Calhoun, 

Sunflower, 

Winston, 

Issaquena, 

Neshoba, 

Kemper, 

Leake, 

Scott, 

Newton, 

Jasper, 

Clark, 

Wayne, 

Lawrence, 

Franklin, 

Amite, 

Pike, 

Harrison, 

two  each. 


-  one  each. 


To  the  counties  of  Oktibbeha  and  Choctaw,  together — three. 
To  the  counties  of  Simpson  and  Covington,  together—one. 
To  the  counties  of  Smith  and  Davis,  together— one. 
To  the  counties  of  Marion  and  Hancock,  together — one. 
To  the  counties  of  Perry,  Grreene  and  Jackson,  together— one. 

(  30  ) 

.  oo 


O 


OEDEES  OF  DISTEICT  C0:MMAXDEE. 


In  addition  to  the  number  of  delegates  hereinbefore  apportioned  to  the  counties  of  Holmes 
and  Madison,  they  -will,  together,  vote  for  one  delegate. 


The  number  of  delegates  to  be  voted  for  in  the  State  of  Ark 
ieventy-five,  apportioned  among  the  counties  as  follows  : 


ansas  is 


To  the  counties  of  Pulaski,  Jefferson  and  Phillips,  each — four. 
To  the  county  of  Hempstead — three. 
To  the  counties  of 


Washington, 

Lafayette, 

Clark, 

Ouachita, 

Columbia, 

L'nion, 

Drew, 

Ashley, 

Arkansas, 

Prairie, 

White, 

Independence 

To  the  counties  of 

Benton, 

Crawford, 

Sebastian, 

Sevier, 

Little  Pdver, 

Yell. 

Scott, 

Franklin, 

Madison, 

Carroll, 

Johnson, 

•  Pope, 

Conway, 

Van  Btiren, 

Izard, 

Saline, 

Hot  Springs, 

Dallas, 

Calhoun, 

Bradley, 

Chicot, 

Desha, 

Monroe, 

Woodruff, 

St.  Francis, 

Crittenden, 

Greene, 

Randolph, 

Lawrence, 

Jackson, 

To  the  counties  of  Polk 

and  Pike,  together — one. 

To  the  counties  of  Montgomery  and  Perry,  together — one. 

To  the  counties  of  ISTewton  and  Marion,  together — one. 

To  the  counties  of  Fulton  and  Searcy,  together — one. 

To  the  counties  of  Poinsett  and  Cro 

?s,  together — one. 

To  the  counties  of  Miss 

issippi  and  Craighead,  together- 

—one. 

two  each. 


-  one  each. 


By  command  of  Brevet  Major  General  Ord. 


0.  D.  Gree^sE, 

Assistant  Adjutant  General. 


HEABQXUETEES  FOUKTH  MILITAEY  DISTEICT, 

(Mississippi  and  Arkansas) 

Office  of  Civil  Affairs, 

TicKSBURG,  Miss.,  October  2d,  1867. 

Circular  1 
Xo.  18.  j 

The  following  modificatious  of  the  method  of  conductmg  the  ensmug 
election,  as  promulgated  in  General  Orders  Iso.  31,  current  series,  from 
these  Headquarters,  are  adopted  and  published  to  the  Boards  of  Eegis- 
trars  concernedj  for  their  guidance  in  the  election  at  the  following  pre- 
cincts, to  wit :  Ticksburg,  Warren  County,  Xatchez,  Adams  County, 
Columbus,  Lowndes  County,  Jackson,  Elinds  County,  Yazoo  City,  Yazoo 
County,  Aberdeen,  Monroe  County,  Canton,  Madison  County,  Hernando, 
De  Soto  County,  Grenada,  Yallobuaha  County,  Brandon,  Kankin  County, 

(  31  ) 


ARKANSAS  CONSTITUTIONAL  CONVENTION,  1868. 


Meridian,  Lauderdale  County,  Port  Gibson,  Claiborne  County,  and  Lex- 
ington, Holmes  County,  all  of  Mississippi;  and  Little  Eock,  Pulaski 
County,  Helena,  Phillips  County,  of  Arkansas.  These  precincts  will  be 
omitted  from  the  count  of  the  whole  number  of  precincts  to  be  divided 
amongst  the  registrars,  as  prescribed  in  General  Orders  No.  31,  and  each 
member  of  the  respective  Boards  of  Registrars  from  the  counties  will,  with 
his  judge  and  clerk,  open  a  poll  in  the  precinct  during  the  election,  mak- 
ing three  (3)  polls  for  the  town.  The  time  and  places  of  holding  such 
polls  in  the  precinct,  will  be  determined  by  the  Board  when  it  meets,  as 
directed  in  paragraph  II  of  General  Orders  No.  31,  and  will  be  selected 
with,  a  view  of  furnishing  the  greatest  facility  to  the  voters  in  casting 
their  votes.  The  election  will  continue  during  two  (2)  days,  one  day  for 
the  white  voters  and  one  for  the  colored,  of  which  due  notification  will 
be  given  by  the  Boards.  The  clerks  of  election  for  the  counties  in 
which  these  precincts  are  situated,  should  be  required  by  the  registrars  to 
make  two  additional  copies  (to  be  certified  by  the  Board  as  correct)  of  the 
revised  precinct  book  for  use  at  these  polls.  The  name  of  either  clerk 
of  election  in  the  precinct,  written  or  stamped  in  red  ink  across  the  face 
of  a  certificate  of  registrj^,  will  be  the  check  against  duplicate  voting  on 
the  same  certificate. 

The  election  returns  in  these  precincts  will  be  consolidated  by  the  Com- 
missioners of  election  at  the  end  of  the  second  day's  voting,  and  forwarded 
to  these  Headquarters. 

By  command  of  Brevet  Major  General  Ord. 

0.  D.  Greene, 

Assistant  Adjutant  General. 


HEADQUARTERS  FOURTH  MILITARY  DISTRICT, 

(Mississippi  and  Arkansas) 

Office  of  Civil  Affairs, 

Holly  Springs,  Miss.,  December  5th,  1867. 

General  Orders  \ 
No.  37.  i 

1.  At  the  election  held  in  the  States  of  Mississippi  and  Arkansas,— 
commencing  on  the  5th  day  of  N'ovember,  1867,  and  continuing  until 
completed,—- to  determine  whether  State  Conventions  should  be  held 
*'for  the  purpose  of  establishing  constitutions  and  civil  governments"  for 
those. States,  "loyal  to  the  Union,"  and  for  delegates  thereto,  a  majority 
of  the  registered  voters  in  each  of  the  States  having  voted  on  the  question 
of  Convention,  and  the  number  of  votes  cast  "For  a  Convention"  in 
each  State,  being  a  majority  of  all  the  votes  cast  therein  on  the  question, 
(  32  ) 


OEDEES  OF  DISTEICT  COMMANDEE. 


the  Conventions  will  be  held  as  provided  by  the  Act  of  Congress,  approved 
March  23d,  1867. 

The  Hall  of  the  House  of  Eepresentatives  in  the  State  House  at  Jack- 
son, Mississippi,  and  11  o'clock  a.m.,  Tuesday  the  7th  da}^  of  January, 
1868,  are  designated  as  the  place  and  time  for  the  assembling  of  the  Con- 
vention for  the  State  of  Mississippi. 

The  Hall  of  the  House  of  Eepresentatives  in  the  State  House  at  Little 
Eock,  Arkansas,  and  11  o'clock  a.m.,  Tuesday  the  7th  day  of  January, 
1868,  are  designated  as  the  place  and  time  for  the  assembling  of  the  Con- 
vention for  the  State  of  Arkansas. 

n.  Irregularities  in  the  conduct  of  the  election  in  certain  precincts  of 
the  States  composing  the  District,  having  been  reported  to  these  Head- 
quarters, and  the  vote  in  those  precincts  having  been  suspended,  to  await 
official  investigation,  renders  it  impracticable  to  promulgate  at  the  present 
time  the  lists  of  delegates  elected  to  the  respective  State  Conventions,  as 
also  "  the  total  vote  in  each  State  for  and  against  a  Convention."  The 
lists  of  delegates  and  the  total  vote  will  be  published  in  General  Orders 
as  soon  as  practicable,  after  they  are  correctly  ascertained. 

By  command  of  Brevet  Major  General  Ord. 

0.  D.  Greene, 

Assistant  Adjutant  General. 


HEADQUAETEES  FOUETH  MILITAEY  DISTEICT, 

(Mississippi  and  Arkansas) 

Office  of  Civil  Affairs, 

Holly  Springs,  Miss.,  December  21,  1867. 

General  Orders 
E'o.  43. 

I.  At  the  election  recently  held  in  the  State  of  Arkansas,  to  determine 
w^hether  a  Convention  should  be  called  "for  the  purpose  of  establishing 
a  Constitution  and  civil  government  for  the  State,  loyal  to  the  Union,"  and 
for  delegates  thereto,  forty-one  thousand  one  hundred  and  thirty-four  (41,134) 
votes  were  cast  upon  the  question  of  holding  such  Convention,  of  which 
number  twenty-seven  thousand  five  hundred  and  seventy-six  (27,576)  votes  were 
cast  "  For  a  Convention,"  and  thirteen  thousand  five  hundred  and  fifty-eight 
(13,558)  Avere  cast  "Against  a  Convention."  The  total  number  of  regis- 
tered voters  in  the  State  is  sixty-six  thousand  eight  hundred  and  five,  (66,805.) 
The  number  of  votes  cast  on  the  question  of  Convention  being  in  excess 
of  the  number  required  by  the  Act  of  Congress  approved  March  23d, 
1867,  and  a  majority  of  those  votes  having  been  cast  "For  a  Convention," 

3  (  83  ) 


AEKAISTSAS  COJSISTITUTIOlSrAL  CONVENTION,  1868. 


the  Convention  will  be  held  and  will  assemble  as  heretofore  directed  in 
Greneral  Orders  No.  37,  current  series,  from  these  Headquarters,  dated 
December  5,  1867. 

II.  The  following  delegates  were  duly  elected  to  the  Convention,  accord- 
ing to  the  returns  of  the  officers  who  conducted  said  election,  and  are 
hereby  notified  to  meet  in  Convention  as  directed  in  the  above-mentioned 
General  Orders  No.  37,  current  series,  from  these  Headquarters. 

From  Arkansas  County — two  delegates  : 

John  McClure,  John  H.  Hutchinson. 
"     Ashley  County — Election  for  delegates  invalid,  new  election 
ordered. 
Bradley  County — one  delegate  : 
John  M.  Bradley. 
"     Benton  County — one  delegate  : 

W.  W.  Reynolds. 
"     Calhoun  County — Election  for  delegates  invalid,  new  election 
ordered. 

"     Chicot  County — one  delegate  : 

James  W.  Mason. 
Carroll  Count}" — one  delegate  : 

Joseph  Wright. 
"     Clark  County — two  delegates  : 

Solomon  Exon,  Miles  L.  Langly. 
"     Columbia  County — two  delegates: 

Wm.  A.  Beasley,  George  W.  McCown, 
"     Conway  County — one  delegate  : 

Anthony  Hinkle. 
"     Craighead  and  Mississippi  Counties— one  delegate  : 

Fi^ed.  R.  Poole, 
"     Crawford  County — one  delegate': 

Thomas  M.  Bowen. 
Crittenden  County— one  delegate  : 

Asa  Hodges. 
Cross  and  Poinsett  Counties — one  delegate  : 

Jeffre  A.  Houghton. 
"     Dallas  County — one  delegate: 

G.  H.  Kyle. 
"     Desha  County — one  delegate  : 

Clifford  Stanley  Sims. 
"     Drew  County — two  delegates  : 

S.  J.  Mathews,  R.  G.  Puntney, 
"     Franklin  County — one  delegate  : 

Robert  Hatfield. 

(  34  ) 


OEDEES  OF  DISTEICT  COMMANDEE. 


From  Fulton  and  Searcy  Counties — one  delegate : 

William  A.  Wyatt. 
"     Greene  County — one  delegate: 

Hampton  T.  Allen. 
"     Hempstead  County — three  delegates : 

John  R.  Montgomery,  Solomon  D.  Belden,  Richard  Samuels. 
Hot  Springs  County — one  delegate  : 

John  W.  Harrison. 
"     Jackson  County — one  delegate  : 

W.  H.  Pickett. 
"     Lawrence  County — one  delegate  : 

Bouldin  Duvall. 
"     Little  River  County; — one  delegate  : 

George  S.  Scott. 
"     Lafayette  County — two  delegates  : 

Monroe  E.  Hawkins.    (One  vacancy,  new  election  ordered.) 
"     Madison  County — one  delegate  : 

Francis  M.  Sams. 
"     Marion  and  ITewton  Counties — one  delegate  : 

Parley  A.  Williams. 
"     Montgomery  and  Perry  Counties — one  delegate  : 

John  C.  Priddy. 
"     Monroe  County — one  delegate  : 

A.  H.  Evans. 
Ouachita  County — two  delegates : 

J.  P.  Partis,  K  K  Rawlings. 
"     Polk  and  Pike  Counties — one  delegate : 

Elijah  Kelly. 
"     Pope  County — one  delegate  : 

Walter  W.  Breashear. 
"     Prairie  County — two  delegates  : 

Robert  S.  Gannt,  Wm.  F.  Hicks. 
"     Pulaski  County — four  delegates  : 

James  Hinds,  James  L.  Hodges,  Thos.  Johnson,  Henry  Rector. 
Phillips  County — four  delegates: 

Joseph  Brooks,  James  T.  White,  Thomas  Smith,  Wm.  H.  Gray. 
Randolph  County — one  delegate: 

Ham.  W.  Ratcliffe. 
"     Saline  County — one  delegate  : 

James  H.  Shoppach. 
"     Sebastian  County — one  delegate  : 

Moses  Bell. 
"     Scott  County — one  delegate  : 

Charles  H.  OHver. 


(  35  ) 


AEKAISTSAS  CO^s^STITUTIOI^AL  CONYEISTTIO]^,  1868. 


From  Sevier  County — one  delegate  : 

Joseph  A.  Corbell. 
"     St.  Francis  County — one  delegate  : 

Daniel  Coates. 
Union  County — two  delegates  : 

Ira  L.  Wilson,  Kobert  C.  Van  Hook. 
Yan  Buren  County — one  delegate  : 

Isaac  Milsap. 
"     Washington  County — two  delegates  : 

C:  W.  Walker,  J.  M.  Hoge. 
"     White  County — two  delegates  : 

J.  IST.  Cypert,  Thomas  Owen. 
"     WoodrulF  County — one  delegate  :  . 

W.  H.  Gray. 
"     Yell  County — one  delegate  : 

T.  M.  Eounsaville. 

Delegates  Elect  will  upon  identification  be  furnished  with  ofiicial  copies 
of  this  Order  at  the  Headquarters  of  General  C.  H.  Smith,  Commanding 
Sub-District  of  Arkansas,  Little  Rock,  Arkansas,  which  will  constitute 
their  certificate  of  election. 

By  command  of  Brevet  Major  General  Ord. 

,  0.  D.  Greene, 

Assistant  Adjutant  General. 


(  36  ) 


S  U  P  P  L  E  M  E  N  T  A  E  Y 


ORDERS 

FROM 

HEADai'ARTEES  FOURTH  -MILITARY  DISTRICT, 

HEADQUARTERS  SUB-DISTRICT  OF  ARKANSAS, 

EZr;AET)I>'G-  CEETAIX 

SPECIAL  ELECTIOXS 

P  0  E  :\I  E     B  E  R  S   OF  THE  C  0  X  V  E  X  T  I  0  X. 


HEADQUARTERS  SUB-DISTRICT  OF  ARKANSAS, 

Little  PvOCk_.  Aekaxsas.  December  21.  1S67. 

Special  Orders.  1 
Xo.  120.  / 

At  the  recent  election  in  Calhoun  County,  in  this  State,  for  a  delegate  to  the 
Convention  to  form  a  State  Constitution,  the  natural  rights  of  electors  having 
been  materially  interfered  with  by  one  of  the  registrars.  Air.  G.  Z.  Adams,  pre- 
venting a  voter  from  casting  a  ballot  for  an  anti-convention  candidate  on  a 
'■For  Convention"  ticket,  and  for  other  similar  acts,  the  election  is  declared 
invalid  so  far  as  the  election  of  a  delegate  of  that  cotmty  is  concerned,  and.  by 
authority  of  Brevet  3Iajor  General  E.  0.  C.  Ord.  commanding  the  Fourth 
^Military  District,  an  election  is  hereby  ordered  at  HamjDton.  the  county  seat 
of  Calhoun  County,  on  Friday,  the  3d  day  of  January  next,  for  the  purjDOse 
of  electing  a  delegate  to  the  Convention  ordered  to  assemble  at  Eittle  Rock. 
Arkansas,  the  7th  proximo,  The  election  will  be  by  ballot,  and  the  polls  will 
be  kept  open  from  7  a.  ^l.  till  sunset.  Second  Lieutenant  S.  C.  Tedder.  25th 
U.  S.  Infantry,  is  hereby  appointed  registrar  to  conduct  the  election,  who  will 
appoint  a  judge  and  clerk,  and  obtain  the  precinct  books  from  the  county  clerk, 
for  the  purpose  of  holding  the  election.  The  election  will  be  conducted  and 
returns  made  in  manner  prescribed  by  General  Orders  Xo.  31.  dated  Head- 

(  37  ) 


AEKANSAS  COI^STITUTIOE'AL  CONYENTIOJST,  1868, 


quarters  4th  Military  District,  Yicksburg,  Mississippi,  September  26,  1867,  in 
all  respects,  when  not  in  conflict  with  this. 

By  command  of  Brevet  Brigadier  General  C.  H.  Smith,  TJ.  S.  A. 

Samuel  M.  Mills, 
1st  Lieutenant  and  Adjutant  28th  U.  S.  Infantry, 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS  SUB-DISTRICT  OF  ARKANSAS, 

Little  Eock,  Ark.,  December  30,  1867. 

Special  Orders  1 

m.  127.  i 

A.  M.  Merrick,  late  registrar  for  Lafayette  Co.,  having  materially  inter- 
fered with  the  revision  of  the  list  of  voters,  and  having  in  other  respects 
conducted  himself  in  a  manner  disgraceful  to  the  position  he  occupied  and 
subsequently  having  become  a  candidate  for  delegate  to  the  Convention,  the 
election  in  that  county  so  far  as  it  relates  to  the  election  of  A.  M.  Merrick,  as 
a  delegate  to  the  Constitutional  Convention,  is  hereby  declared  invalid,  and  by 
authority  of  Brevt.  Maj.  Genl.  Ord,  Comdg.  4th  Military  District,  an  election 
is  hereby  ordered  at  Lewisville  the  county  seat,  on  Friday,  the  10th  day  of 
January,  1868,  for  the  purpose  of  electing  one  delegate  to  the  Constitutional 
Convention.  The  election  will  be  by  ballot ;  the  polls  will  be  kept  open  from  7 
A.  M.  till  sunset  for  one  day  only.  Frank  H.  Lee,  the  retained  registrar,  for 
Lafayette  County,  will  conduct  the  election,  appoint  a  judge  and  clerk  and 
obtain  the  precinct  books  from  the  County  Clerk  for  the  purpose  of  holding 
the  election.  The  election  will  be  conducted  and  returns  made  in  manner  pre- 
scribed by  General  Orders  No.  31,  dated  Headquarters  4th  Military  District, 
Yicksburg,  Miss.,  September  26,  1867,  in  all  respects  where  not  in  conflict  with 
this.  The  reports  of  elections  will  be  sent  direct  to  Headquarters,  at  Holly 
Springs,  Mississippi. 

By  command  of  Brevet  Brigadier  General  C.  H.  Smith. 

S.  M.  Mills, 
1st  Lt.  &  Adjt.  28th  U.  S.  Infantry,  A.  A.  A.  G. 


HEADQUARTERS  FOURTH  MILITARY  DISTRICT, 

(Mississippi  and  Arkansas) 

Holly  Springs,  Miss.,  January  4,  1868. 

Special  Orders  1 

II.  Official  information  having  reached  the  General  Commanding,  since  the 
issuance  of  General  Orders  No.  43,  series  of  1867,  from  these  Headquarters, 
(  38  ) 


SrPPLEMEXTAEY  MILITAEY  OEDEES. 


announcing  the  names  of  delegates  to  the  Constitutional  Convention  of  Arkan- 
sas, that  in  the  election  in  Ouachita  County  of  that  State,  in  so  far  as  the 
election  of  delegates  was  concerned,  frauds  and  illegalities  were  committed — 
that  election,  so  far  as  it  relates  to  the  election  of  delegates,  is  hereby  declared 
invalid,  and  another  ordered,  which  will  be  conducted  as  follows,  and  in  accord- 
ance with  the  provisions  of  General  Orders  Xo.  31.  series  of  1867.  from  these 
Headc|uarters  : 

An  officer  of  the  Army  as  registrar,  to  be  detailed  by  the  Commanding 
Officer  of  the  Sub-District  of  Arkansas,  will,  with  his  judge  and  clerk  of  elec- 
tion, after  seven  (7)  days'  notice,  given  by  handbills  distributed  throughout 
the  County,  open  a  poll  at  the  County-Seat.  to  be  kept  open  on  two  (2)  con- 
secittive  days,  from  5  o'clock,  a.  m,.  to  sunset  of  each  day.  at  which  all  reg- 
istered voters  of  the  County  may  vote  for  delegates  to  represent  them  in  the 
Constitutional  Convention.  The  delegates  previously  declared  elected  for  that 
County,  will  not  be  furnished  with  certificates  of  election,  nor  be  permitted  to 
take  their  seats  in  Convention. 

By  command  of  Brevet  Major  General  Ord. 

0.  D.  Greece, 

Assistant  Adjutant  General. 


HEADQUAKTEES  EQUETH  AIJLITAEY  DISTEICT, 

(Mississippi  and  Arkansas) 

Holly  Springs.  Miss,,  January  6,  1868. 

Special  Orders  1 
Xo.  4.  / 

II.  Upon  an  investigation  of  the  complaint  of  irregularities  in  the  conduct 
of  the  recent  election  in  Ashley  County.  Arkansas,  it  appears  that  said  irregu- 
larities were  confined  to  ••  Union  Precinct."'  alone,  and.  further,  that  if  all  the 
reo-istered  voters  in  that  Precinct  were  to  cast  their  votes  as  a  ttnit  on  either 
side,  the  main  result  of  the  election  in  the  County  would  not  thereby  be 
changed,  the  previotis  declaration  in  General  Orders  Xo.  43.  series  of  1S67. 
fi'om  these  Headcjuarters.  invalidating  said  election,  is  hereby  revoked,  and  the 
election  in  that  County  is  declared  valid — ("Union  Precinct thrown  out.^' 
The  delegate-  elected  in  that  County  are  hereby  announced  as  George  TV  Xor- 
AiAX  and  TV.  D.  Moore,  and  they  are  notified  to  attend  the  Constitutional  Con- 
vention in  Arkansas,  at  the  time  and  jjlace  specified  in  General  Orders  Xo.  37. 
from  these  Headquarters,  dated  December  5th.  18l!7.  An  official  copy  of  this 
order  will  constitute  their  certificate  of  election. 

By  command  of  Brevet  Major  General  Ord. 

O.  D.  Greexe, 

Assistant  Adjutant  General. 


(  39  ) 


AEKANSAS  CONSTITUTIOISrAL  CONVENTION,  1868. 


HEADQUARTERS  SUB-DISTRICT  OF  ARKANSAS, 

Little  Eock,  Ark.,  January  6,  1868. 

Special  Orders 
No.  3. 

Pursuant  to  telegraphic  instructions  received  from  Headquarters  Fourth 
Military  District,  dated,  Holly  Springs,  January  6,  1868,  the  election  of  G-eorge 
Y.  Norman  and  W.  D.  Moore,  as  delegates  to  the  Constitutional  Convention 
for  Ashley  County,  is  hereby  declared  valid.  They  will  obtain  their  certifi- 
cates of  election  by  calling  at  these  Headquarters. 

By  command  of  Brevet  Brigadier  General  C.  H.  Smith. 

Samuel  M.  Mills, 

1st  Lt.  and  Adjt.  28th  U.  S.  Infantry,  A.  A.  A.  G. 


HEADQUARTERS  FOURTH  MILITARY  DISTRICT, 

(Mississippi  and  Arkansas) 

YiCKSBURG,  Miss.,  January  23,  1868. 

Special  Orders  | 
No.  14.  J 

I.  At  the  election  held  in  Lafayette  County,  Arkansas,  on  the  10th  instant, 
for  a  delegate  to  the  Arkansas  Constitutional  Convention,  in  compliance  with 
telegraphic  instructions  to  the  Commanding  General  of  the  Sub-District  of 
Arkansas,  of  December  24th,  1867,  from  these  Headquarters,  A.  M.  Merrick, 
was,  according  to  the  returns  of  the  officers  conducting  the  election,  duly 
elected  as  said  delegate. 

He  is  therefore  notified  to  attend  the  Convention  to  assemble  at  the  time 
and  place  directed  in  General  Orders  No.  37,  series  of  1867,  from  these  Head- 
quarters. 

The  official  copy  of  this  order  addressed  to  Mr.  Merrick  will  constitute  his 
certificate  of  election. 

By  command  of  Brevet  Major  General  Alvan  C.  Gillem. 

John  Tyler, 

First  Lieutenant  43d  Infantry,  Brevet  Major  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


(  40  ) 


SrPPLEAIEXTAEY  MILITAEY  OEDEES. 


HEADQUAKTEES  FOUETH  MILITAEY  DISTEICT, 

(Mississippi  and  Arkansas) 

TiCKSBURG,  3Iiss.,  January  25.  1868. 

Special  Oeders  ) 
Xo.  16.  / 

111.  At  the  election  held  in  Ouachita  County.  Arkansas,  on  the  17th  and 
18th  instantS;  for  delegates  to  the  Arkansas  Constitutional  Convention  in  com- 
pliance Avith  Special  Orders  Xo.  3.  paragraph  IE  current  series,  from  these 
Headquarters,  J.  P.  Portis  and  X.  X.  Eawlings  were,  according  to  the  returns 
of  the  officers  conducting  the  election,  duly  elected  as  said  delegates. 

They  are  therefore  notified  to  attend  the  Convention  to  assemble  at  the  time 
and  place  directed  in  General  Orders  2so.  37,  series  of  1867.  from  these  Head- 
quarters. 

The  official  copy  of  this  order  addressed  to  the  delegates  elect  will  constitute 
their  certificate  of  election. 

By  command  of  Brevet  ^lajor  General  Altax  C.  Gillem. 

JoHX  Tyler. 
Eirst  Lieutenant  43d  Infantry,  Brevet  Major  E.  S.  A., 
Acting  Assistant  Adjutant  General. 


[For  documents,  relating  to  the  business  of  the  Convention,  dated  sub- 
sec^uently  to  the  formation  of  the  Constitution,  see  close  of  the  volume.] 


(  41  ) 


DEBATES  AXD  PROCEEDIXGS 

or  THE 

ARKANSAS  CONSTITUTIONAL  CONTENTION 

Of  18  6  8. 

1868.]  OECxAXIZATIOX  OF  THE  CONTVEX'TIOX.  [Jan.  7. 


F  I  E  S  T   D  A  Y>' 

Little  Eock.  ArkaxsaS; 

Tuesdo.y.  January  Itfi.  1868. 

In  pursuance  of  the  provisions  of  the  foregoing  Act  of  Congress  entitled 
An  act  to  provide  fur  the  more  efficient  government  of  the  rebel  States.'" 
passed  ]vlarch  2d.  eighteen  hunSred  and  sixty-seven,  ar.d  acts  of  Congress 
supplementary  to  and  explanatory  thereof,  passed,  respectively.  March  2Sd. 
and  July  Itnh,  eighteen  hundred  and  sixty-seven,  and  in  compliance  with 
the  foregoing  General  Orders  from  Headquarters  Fourth  Military  District 
(Mississippi  and  Arkansas  i.  viz.:  General  Orders  Xo.  37.  dated  "  Office 
of  Civil  Affairs.  Holly  Springs.  Miss..  Dec.  5.  1867. "'"  and  General  Orders 
Xo.  43.  dated  -  Office  of  Civil  Affairs.  Plolly  Springs.  Miss..  Dec.  21. 
1867.'"''  delegates  in  the  last-named  Order  declared  duly  elected  to  the 
Convention  called  •■  for  the  purpose  of  estabushing.-'-"  for  the  State  of  Ar- 


N"oTE.  The  Stenographic  Eeporter  of  the  Debates  and  Proceedings  of  the  Convention 
did  not  commence  his  duties  until  the  seventh  day  of  the  session.  The  report  of  the  debates, 
prior  to  that  time,  consequently,  has  been  compiled  from  such  other  sources  of  information  as 
were  available:  and  is  not  to  be  considered  as  in  a  strict  sense  official.  The  statement  of  the 
action  of  the  Convention  is  in  all  cases  taten  from  its  official  Journal,  which  is,  through oi;t. 
incorporated  with  the  Eeport. 

(  43  ) 


1868.] 


DEBATES  A^^^D  PEOCEEDINGS  OF  THE 


[Tuesday, 


Organization  of  the  Convention. 


kansas,  a  constitution,  and  civil  government,  loyal  to  the  Union,'' 
assembled  in  the  Hall  of  the  House  of  Representatives  in  the  State  House 
at  Little  Rock,  at  11  o'clock  a.m.,  of  Tuesday,  the  7th  day  of  January, 
1868.  .       "  . 

At  the  hour  above-named, 

Mr.  HII^DS,  of  Pulaski  County,  called  the  delegates  present  to  order, 
and,  for  the  purpose  of  a  temporary  organization,  moved  that  Mr.  Snyder, 
of  Jefferson  County,  be  called  to  the  chair. 

The  nomination  of  Mr.  Snyder,  as  temporary  Chairman,  was  agreed 
to  by  acclamation. 

Mr.  SNYDER,  on  taking  the  chair,  expressed  the  hope  that  the  deliber- 
ations of  the  Convention  would  be  characterized  by  good  feeling  and 
harmony. 

On  motion  of  Mr.  HITOS, 

Rev.  JOSEPH  BROOKS,  a  delegate  from  Phillips  County,  opened  the 
proceedings  with  prayer. 

Mr.  HODGES,  of  Pulaski  County,  moved  that  Mr.  Sarber,  of  Johnson 
Count}^,  be  selected  as  temporary  Secretary. 

The  motion  was  agreed  to;  and  Mr.  Sarber  assumed  the  duties  of 
Secretary  jpro  tempore. 

Mr.  MONTGOMERY,  of  Hempstead  County,  mov^d  that  Mr.  Hutchin- 
son, of  Arkansas  County,  be  selected  as  temporary  Assistant  Secretary. 

The  motion  was  agreed  to;  and  Mr.  Hutchinson  assumed  the  duties  of 
Assistant  Secretary  ^ro  tempore. 

A  DELEGATE  offered  a  resolution  in  substance  as  follows : 

Besolved :  That  the  Chair  appoint  a  committee  of  five,  to  report  upon  the 
credentials  of  members. 

Mr.  MONTGOMERY  moved,  as  a  substitute,  that  the  roll  be  called, 
and  that  members,  upon  the  calling  of  their  names,  come  forward  and 
present  their  credentials. 

The  question  was  taken  upon  the  adoption  of  the  substitute;  and  the 
substitute  was  accepted. 

The  SECRETARY ^ro  tempore  proceeded  to  call  the  roll,  by  counties; 
when  the  following-named  delegates  answered  to  their  names,  and  pre- 
sented their  certificates  of  election,  consisting  of  ofiicial  copies  of  General 
Orders  No.  43,  Headquarters  Fourth  Military  District  (Mississippi  and 
Arkansas),  dated  Office  of  Civil  Affairs,  Holly  Springs,  Miss.,  December 
21, 1867,"  furnished  from  Headquarters  of  Brigadier  General  C.  H.  Smith, 
commanding  Sub-District  of  Arkansas. 

(  44  ) 


Jan.  7th.]    AEKAJs^SAS  COXSTITUTIONAL  CONYENTIOK     [1st  Day. 


Organization  of  the  Convention. 


■  '    Arkansas  County^ 
John  McCluee, 
John  H.  Hutchinson. 

Bradley  County, 
John  M.  Bradley. 

CMcot  County, 
James  W.  Mason. 

Carroll  County^  ' 
Joseph  Weight. 

Clark  County, 
Solomon  Exon, 
Miles  L.  Langley. 

Columbia  County, 
William  A.  Beasley, 
Geoege  W.  McCown. 

Comcay  County, 
Anthony  Hinkle. 

Craighead  and  Mississiirpi  County, 
Feedeeick  R.  Poole. 

Craioford  County, 
Thomas  M.  Bowen. 

Crittenden  County, 
Asa  Hodges. 

Dallas  County, 
Gayle  H.  Kyle. 

Desha  County, 
Clifford  Stanley  Sims. 

Drew  County, 
e.  g.  puntney, 
Samuel  J.  Matthews. 

Fulton  and  Searcy  Counties, 
William  A.  Wyatt. 


Hempstead  County, 
John  R.  Montgomery, 
Solomon  D.  Belden, 
Richard  Samuels. 

Hot  Spring  County, 
John  W.  Harrison. 

Tndependence  County, 
George  W.  Dale. 

Johnson  County, 
John  K  Saebee. 

Jefferson  County, 
0.  P.  Snydee, 
James  M.  Geay, 
William  Murphy. 

Laiorence  County, 

BOULDIN  DUVALL. 

Ijufayette  County, 
Monroe  Hawkins. 

31arion  and  Newton  Counties, 
Parley  A.  Williams. 

Montgomery  and  Perry  Counties, 
John  C.  Priddy. 

3Ionroe  County,  ■ 
Amos  H.  Evans. 

Dope  County, 
Walter  W.  Bra  shear. 

Prairie  County, 
R.  S.  Gantt, 
William  F.  Hicks. 

Pulaski  County, 
James  L.  Hodges, 
James  Hinds, 
Henry  Rector, 
Thomas  P.  Johnson. 

(  ) 


1868.]  DEBATES  AJSID  PEOCEEDINGS  OF  THE  [Tuesday, 


Organization  of  the  Convention.— GENEKAL  DEBATE. 


Fhilli])s  County^ 
Joseph  Brooks, 
Thomas  Smith, 


Scott  County^ 
Charles  H.  Oliver. 


St.  Francis  County, 
Daniel  Coates. 


William  H.  Grey, 
James  T.  White. 


Saline  County, 
James  H.  Shoppach. 


Union  County, 
R.  C.  Yan  Hook 
Ira  L.  Wilson. 


Sebastian  County, 
Moses  Bell. 


Van  Buren  County, 
Jesse  Millsaps. 


Pending  the  call  of  the  roll : 

Mr.  GAI^TT  (when  his  name  was  called)  declined  to  deliver  up  his  cer- 
tificate of  election  to  the  Secretary  ]yro  temj^ore,  desiring  to  retain  it  in  his 
own  possession ;  but  with  the  understanding  that  it  would  be  returned, 
consented  to  deposit  it,  temporarily,  with  that  ofiicer. 

Eifty-one  delegates,  being  more  than  two-thirds  of  the  whole  number 
provided  for  by  the  General  Orders  regulating  the  election  and  assembly 
of  the  Convention,  having  answered  to  their  names,  and  presented  their 
certificates  of  election, 

The  SECRET AEY  j)ro  tempore  announced  that  a  quorum  for  the  trans- 
action of  business  was  present. 

Mr.  CYPEET  moved  that  the  Convention  adjourn  to  10  o'clock,  a.m., 
of  Wednesday,  January  8th.  He  thought  it  due  to  the  members  still 
absent,  that  they  should  be  allowed  a  voice  in  the  organization  of  the 
Convention.    ITearly  all  would  be  present  on  the  morrow. 

The  question  was  taken  on  the  motion  to  adjourn,  and  the  motion  was 
not  agreed  to  ; — Ayes  11,  IS'oes  33. 

Mr.  HINDS  moved  that  the  Convention  now  proceed  to  the  election  of 
permanent  officers. 

The  question  being  taken,  the  motion  was  agreed  to;  and  the  Conven- 
tion proceeded  to  the  choice  of  permanent  officers. 

Mr.  MOJS^TGOMEEY  nominated  Mr.  Thomas  M.  Boaven,  of  Crawford 
County,  as  President  of  the  Convention. 

Mr.  BRADLEY  nominated  Mr.  Gayle  H.  Kyle,  of  Dallas  County. 

Mr.  KYLE  said  his  name  had  been  presented  without  any  consulta- 
tion with  himself.  He  had  been  sick  since  his  arrival  in  the  city,  and  had 
been  unable  to  mingle  with  the  members.  He  felt  assured  that  the  pro- 
gramme had  been  arranged,  and  he  did  not  wish  to  be  a  disorganizing 
element  in  the  party.  He  would  therefore  ask  the  gentleman  to  with- 
draw his  name.  He  was  a  humble  and  unpretending  member  of  the 
Convention,  and  had  come  here  with  the  sole  view  of  helping  to  frame  a 


(  46  ) 


Jan.  7th.]    AEKANSAS  CONSTITUTIO^STAL  COJi^YENTION.    [1st  Day. 


Organization  of  the  Convention.— GENEEAL  DEBATE. 


constitution  that  would  reflect  credit  and  honor  on  the  State,  and  bring 
her  peace  and  quiet. 

Mr.  BRADLEY  thought  it  his  duty,  under  the  circumstances,  to  with- 
draw the  name  of  Mr.  Kyle.  He  would  not  inaugurate  anything  like 
secession.  He  had  nominated  Mr.  Kyle  because  of  that  gentleman's 
age,  experience,  his  long  residence  in  the  State,  and  his  loyalty. 

Mr.  McCOWi^  moved  that  Mr.  Bowen  be  unanimously  declared  Presi- 
dent of  the  Convention. 

Mr.  GA^^TT  nominated  Mr.  Bouldin  Duvall,  of  Lawrence  County. 

Mr.  MOOTGOMERY  rose  to  a  point  of  order.  The  question  before 
the  Convention  being  upon  the  motion  to  unanimously  declare  Mr.  Bowen 
President  of  the  Convention,  the  nomination  of  other  candidates  was  out 
of  order. 

Mr.  KYLE  said  it  was  the  right  of  every  member,  pending  the  choice 
of  officers,  to  nominate  a  candidate  at  any  time. 

Mr.  CYPERT  said  that  the  course. proposed  by  the  motion  was  unjust; 
as  in  that  w^ay  a  majority  might  name  their  candidate  and  cut  off  any 
other  nominations. 

Mr.  GAI^TT  said  he  knew  that  the  slate  had  been  made  out  for  all  the 
offices ;  but  he  did  not  wish  to  go  before  the  people  as  voting  for  the 
party  whose  nomination  this  motion  proposed  to  constitute  an  election. 
There  were  others  here,  beside  himself,  who  desired  to  be  placed  right  on 
the  record ;  and  he  insisted  on  being  permitted,  with  other  gentlemen  of 
similar  views,  the  right  of  casting  his  vote  for  a  member  who  entertained 
kindred  sentiments  with  himself. 

Mr.^McCOWT^,  by  consent,  withdrew  the  motion  to  declare  unanimous 
the  nomination  of  Mr.  Bowen. 

Mr.  DUVALL.  said  that  he  had  not  expected  a  nomination  for  any 
office  within  the  gift  of  the  Convention ;  he  desired  none ;  and  would 
prefer  that  his  friend  [Mr.  Gantt]  should  withdraw  his  name. 

Mr.  GAISTTT  replied,  that  the  nomination  had  been  made  without  con- 
sultation, and  that  he  had  been  controlled  solely  by  the  promptings  of  his 
own  heart.  The  gentleman  he  had  nominated  he  knew  to  be  a  good  and 
competent  man,  entertaining  similar  views  with  himself.  He  wished  to 
vote  for  him,  and  could  not  accede  to  the  gentleman's  request  for  the 
withdrawal  of  his  name. 

Mr.  McCLURE  moved  that  the  roll  be  called  by  counties. 

The  question  was  taken;  and  the  motion  that  the  roll  be  called  by 
counties,  was  agreed  to. 

Mr.  CYPERT  protested  against  the  method  of  calling  the  roll,  ordered 
by  the  Convention,  as  being  unusual  and  improper. 

Mr.  KYLE  seconded  the  protest  against  the  proceeding;  and, 

(  47  ) 


1868.]  DEBATES  AI^D  PEOCEEDII^GS  OF  THE 

Organization  of  the  Convention.— GENEKAL  DEBATE. 


Bj  consent,  the  SECRETARY  pro  tempore  proceeded  to  call  the  roll  in 
alphabetical  order,  on  the  vote  for  President  of  the  Convention;  with  the 
following  result  : 

Whole  number  of  votes  cast, 
Necessary  to  a  choice, 
Of  which  : 

Thomas  M.  Bowen  received 
bouldin  duvall       .       .  . 
Gayle  H.  Kyle  .... 
R.  S.  Gantt  .... 

The  following  was  the  vote  in  detail : 

For  Mr.  Bowen.— Messrs.  Belden,  Bell,  Bradley,  Brashear,  Brook&,  Coates, 
Dale,  Evans,  Exon,  Grey  of  Phillips,  Gray  of  Jefferson,  Harrison,  Hawkins, 
Hinds,  Hinkle,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Hutchinson,  Johnson, 
Kyle,  Langley,  Mason,  Matthews,  Millsaps,  Montgomery,  Murphy,  McCown, 
McClure,  Oliver,  Poole,  Priddy,  Puntney,  Rector,  Samuels,  Sarber,  Sims,  Smith, 
Snyder,  Yan  Hook,  Wilson,  White,  Williams,  and  Wyatt— 43. 

For  Mr.  Duvall.— Messrs.  Cypert,  Gantt,  Hicks,  Shoppach,  and  Wright— 5. 

For  Mr.  Kyle.— Messrs.  Beasley  and  Bowen— 2. 

For  Mr.  Gantt.— Mr.  Duvall— 1. 

So  the  Hon.  Thomas  M.  Bowen  was  elected  President  of  the  Convention. 

Mr.  MONTGOMERY  moved  that  a  committee  of  three  be-  appointed, 
to  conduct  the  President  to  the  chair. 

The  question  being  taken,  the  motion  was  agreed  to;  and 

The  PRESIDEi^TT  pro  tempore  announced,  as  such  Committee,  Messrs. 
Montgomery,  McClure,  and  Exon. 

The  PRESIDENT,  on  being  introduced  to  the  Convention,  said :  It  is 
unnecessary  for  me  to  say  I  feel  highly  complimented ;  and  I  thank  you, 
gentlemen,  for  tbe  distinguished  honor  conferred.  I  will  only  say  that  I 
will  do  the  best  I  can  to  serve  you. 

Mr.  HODGES,  of  Pulaski,  moved  that  a  committee  of  three  be  appointed, 
to  report  a  form  of  oath,  to  be  taken  by  the  members  of  the  Convention. 

The  question  being  taken,  the  motion  was  agreed  to;  and 

The  PRESIDENT  announced,  as  such  Committee,  Messrs.  Hinds, 
Brooks,  and  Gantt. 

The  PRESIDEi^T  then  announced  as  the  business  next  in  order,  the 
election  of  a  Secretary  to  the  Convention. 

Mr.  HODGES,  of  Pulaski,  nominated  Mr.  John  G.  Price. 

Mr.  McCLURE  moved  that  Mr.  Price  be  chosen  Secretary,  by  acclama- 
tion. 

Mr.  CYPERT  said  he  desired  to  vote  for  a  man  whom  he  knew,  and 
would  therefore  nominate  Mr.  J.  R.  Berry. 

(  48  ) 


.  51 

.  26 

.  43 
.  5 
.  2 
.  1 


Jan.  Tth.l    AEKANSAS  COXSTITUTIOXAL  COXVEXTIOX.    [1st  Day. 


Organization  of  the  Convention.— KYLE— CYPERT—M0:N'TG0MEKY—C0ATES. 


Mr.  KYLE  said  he  had  noticed  it  as  customary,  in  bodies  similar  to  this, 
that  members  qualify  under  the  temporary  organization.  It  seemed,  to 
him,  proper,  that  before  proceeding  further  with  the  organization,  the 
necessary  oath  should  be  administered  to  members. 

Mr.  CYPERT  said  he  did  not  wish  to  be  considered  annoying,  but 
feared  he  would  proye  so.  This  was  not  a  legislatiye  body,  and  no  oath 
was  anywhere  laid  down  for  its  members.  The  eligibility  of  eyery  mem- 
ber had  been  established  when  he  took  an  oath  as  a  registered  yoter :  and 
that  fact  constituted  a  sufficient  qualification  to  enable  him  to  occupy  a 
seat  here.  As  the  presumed  representatiyes  of  the  soyereign  people  of 
the  State,  the  highest  authority  in  the  land,  the  members  of  the  Conyen- 
tion  could  take  no  oath  of  fealty ;  as  they  owed  none  to  any  authority 
below  that  of  our  Creator. 

Mr.  MOXTGOMERY  rose  to  a  point  of  order.  The  discussion  was 
not  releyant  to  the  question  before  the  Conyention. 

The  PEESEDEXT  declared  the  point  of  order  well  taken. 

Mr.  CYPEPT  explained  that  he  had  been  betrayed  into  his  remarks 
by  his  supposition  that  the  obseryations  of  Mr.  Kyle  were  designed  as 
proffering  an  amendment  to  the  motion  before  the  Conyention. 

Mr.  COATES  stated  that  Mr.  Berry  did  not  desire  the  position  for 
which  he  had  been  nominated. 

Mr.  CYPERT  withdrew  the  name  of  Mr.  Berry. 

Mr.  MOi^TGOMEPY  said  he  should  insist  on  the  motion  to  elect  Mr. 
Price  by  acclamation. 

The  question  was  taken  ;  and  the  motion  was  not  agreed  to. 

The  Conyention  proceeded  to  ballot  for  Secretary,  with  the  following 
result : 

TTliole  number  of  yotes  cast,  .       .       .       .       .  .50 

Xecessary  to  a  choice,     .       .  26 

Of  which 

John  G-.  Price  receiyed 
W.  A.  Eriley,  . 
G-.  A.  Merrick, 

So  Mr.  JoHX  G.  Price  was  elected  Secretary  of  the  Conyention. 
The  PPESIDEXT  announced,  as  the  business  next  in  order,  the  elec- 
tion of  a  Eirst  Assistant  Secretary  to  the  Conyention. 

Mr.  SMITH  nominated  Mr.  Hexry  St.  Johx,  of  Bradley  County. 

Mr.  BELL  nominated  Mr.  J.  Y. 'Pitch,  of  Sebastian  County. 

The  PRESn)Eis"T  informed  the  Conyention,  from  his  personal  knowl- 


•2 


4 


(  49  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Organization  of  the  Convention. 


edge,  that  Mr.  Fitch  did  not  desire  the  position  of  First  Assistant  Secre- 
tary, his  name  being  mentioned  in  connection  with  another  office. 

Mr.  BELL  thereupon  withdrew  the  name  of  Mr.  Fitch. 

The  Convention  proceeded  to  ballot  for  First  Assistant  Secretary,  with 
the  following  result : 


Whole  number  of  votes  cast,   44 

Necessary  to  a.  choice,     ........  23 

Of  which 

Henry  St.  John  received,   43 

William  Causine,  .       .       .       .       •       •       ...  1 


So  Mr.  Henry  St.  John  was  elected  First  Assistant  Secretary  of  the 
Convention. 

The  PRESIDENT  announced  the  next  business  in  order  to  be  the  elec- 
tion of  a  Second  Assistant  Secretary  to  the  Convention. 

Mr.  BROOKS  nominated  Mr.  F.  E.  Wright,  of  Phillips  County. 

The  Convention  proceeded  to  ballot  for  Second  Assistant  Secretary, 
with  the  following  result : 

Whole  number  of  votes  cast,  .       .       .       .       .       .  .44 

Necessary  to  a  choice,     .       .       .       .       .       .       .       .    23  ■ 

Of  which 

F.  E.  Wright  received  .44 

So  Mr.  F.  E.  Wright  was  unanimously  elected  Second  Assistant  Sec- 
retary of  the  Convention. 

Mr.  MONTGOMERY  moved  to  dispense  with  any  further  elections. 

The  question  was  taken;  and  the  motion  was  not  agreed  to. 

The  President  announced,  as  the  next  business  in  order,  the  election  of 
a  Third  Assistant  Secretary  to  the  Convention. 

Mr.  BELL  nominated  Mr.  J.  Y.  Fitch,  of  Sebastian  County. 

The  Convention  proceeded  to  ballot  for  Third  Assistant  Secretary,  with 
the  following  result : 


Whole  number  of  votes  cawt,  .......  43 

Necessary  to  a  choice,     .      \       .       .       .       .       .  .22 

Of  which 

Mr.  Fitch  received  43 


(  50  ) 


Jan.  7th.]    AEHAXSAS  COXSTITUTIOXAL  CO^'VEXTIOX.     [Ist  Day. 


Organization  of  the  Convention. — CYPEET. 

So  Mr.  J.  V.  Fitch  was  iiDanimously  elected  Third  A-ssistant  Secretary 
of  the  Convention. 

The  PEESIDEXT  announced,  as  the  business  next  in  order,  the  elec- 
tion of  a  Sergeant-at-Arms  of  the  Convention. 

]\Ir.  HODGES,  of  Pidaski,  nominated  Mr.  Charles  Schaeri,  of  Pu- 
laski County. 

Mr.  Charles  Schaere  was  thereupon,  by  acclamation,  elected  Sergeant- 
at-Arms  of  tlie  Convention. 

The  PEESLDEis'T  announced,  as  next  in  order,  the  election  of  a  First 
Assistant  Sergeant-at-Arms  of  the  Convention. 

Mr.  D.  P.  Beldex.  of  Hot  Spring  County,  was.  upon  nomination,  elected, 
by  acclamation,  First  Assistant  Sergeant-at-Arms  of  the  Convention. 

The  PEESIDEXT  annnuuced.  as  next  in  order,  the  election  of  a 
Second  Assistant  Sergeant-at-Arms  of  the  Convention. 

Mr.  J.  H.  HiRKHAM  was,  upon  nomination,  elected,  by  acclamation, 
Second  Assistant  Sergeant-at-Arms  of  the  Convention. 

The  PEESEDEXT  announced,  as  next  in  order,  the  election  of  a  Door- 
keeper of  the  Convention. 

Mr.  HIXEILE  nominated  Mr.  Hexry  D.  Sevier,  of  Conway  County. 

Mr.  Hexry  D.  Sevier,  of  Conway  County,  was  thereupon,  by  acclama- 
tion, elected  Doorkeeper  of  the  Convention. 

The  PEESIDEXT  announced,  as  next  in  order,  the  election  of  a  First 
Assistant  Doorkeeper  of  the  Convention. 

Mr.  E.  A.  RoBixsox,  of  Searcy  County,  was.  upon  nomination,  elected, 
by  acclamation.  First  Assistant  Doorkeeper  of  the  Convention. 

The  PRESIDENT  announced,  as  next  in  order,  the  election  of  a 
Second  Assistant  Doorkeeper  of  the  Convention. 

The  following  nominations  were  presented  :  Johx  A&ee,  of  Pulaski 
County ;  A.  S.  Mustaix.  of  Prairie  County. 

The  vote  being  taken,  viva  voce,  Mr.  Johx  Agee  was  elected  Second 
Assistant  Doorkeeper  of  the  Convention. 

The  PRESIDENT  announced,  as  next  in  order,  the  election  of  a-  Third 
Assistant  Doorkeeper  of  the  Convention. 

Mr.  A.  S.  Mustaix.  of  Prairie  County,  was,  upon  nomination,  chosen 
Third  Assistant  Doorkeeper  of  the  Coiivention. 

The  PRESEDEXT  announced,  as  the  next  business  in  order,  the  elec- 
tion of  an  Enrolling  Clerk  to  the  Convention. 

Mr.  SXYDER  nominated  Mr.  Richard  E.  "Wall,  of  Phillips  County. 

Mr.  CYPERT  said  that  four  Secretaries  had  already  been  elected,  and 
begged  that  the  Convention  would  proceed  to  the  election  of  no  more  un- 
necessary officers.  He  offered,  as  a  substitute  for  the  proposition  to  pro- 
ceed to  the  election  of  an  enrolling  clerk, — that  no  further  election  for 
officers  be  held. 


(  51  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Accommodations  for  the  Press— Temporary  Eules  of  Order— Standing  Committees. 


Mr.  MOISTTGOMERY  moved  that  the  substitute  be  laid  upon  the 
table. 

The  question  was  taken;  and  the  motion  to  lay  the  substitute  upon  the 
table  was  agreed  to. 

Mr.  Richard  E.  Wall,  of  Phillips  County,  was  thereupon,  by  acclama- 
tion, elected  Enrolling  Clerk  of  the  Convention. 

The  PRESIDENT  announced,  as  the  next  business  in  order,  the  elec- 
tion of  a  Chaplain  to  the  Convention. 

Rev.  M.  S.  ELyde,  of  Independence  County,  was  thereupon,  by  accla- 
mation, elected  Chaplain  of  the  Convention. 

Mr.  CYPERT  moved  that  the  President  appoint  the  Pages  for  the 
Convention. 

The  question  being  taken,  the  motion  was  agreed  to ;  and 
The  PRESIDENT  appointed,  as  Pages  for  the  Convention,  J.  C.  Wil- 
cox, James  Elias  Rector,  and  J.  M.  Jackson,  all  of  Pulaski  County. 

ACCOMMODATIONS  FOR  THE  PRESS. 

Mr.  GAKTT  offered  the  following  resolution  : 

Resolved :  That  the  Secretary  be  ordered  to  provide  the  representatives  of 
the  public  press  of  the  State  with  desks  in  the  hall,  and  that  they  have  the 
privilege  of  the  floor  during  the  dehberations  of  the  Convention. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

TEMPORARY  RULES  OF  ORDER. 

Mr.  BROOKS  moved  that  the  rules  of  the  Legislature  of  Arkansas  of 
1860-1  be  adopted  for  the  government  of  the  Convention,  until  other 
rules  and  regulations  should  be  prepared. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

STANDING  COMMITTEES. 

Mr.  HODGES,  of  Pulaski,  submitted  the  following  resolutions : 

Resolved :  That  the  President  of  this  Convention  appoint  the  following  stand- 
ing committees,  viz. :  On  the  Constitution,  its  Arrangement,  and  Phraseology; 
Preamble  and  Bill  of  Eights;  Legislative  Department;  Executive  Depart- 
ment ;  Boundaries ;  Judicial  Department ;  State  Officers  other  than  Execu- 
tive; Organization  and  Grovernment  of  Cities  and  Villages;  County  and  Town- 
ship Organization;  Elective  Franchise;  Finance,  Taxation,  and  Public  Debt; 
Educational  Institutions  and  Interests;  Banking,  and  Corporations  other  than 
(  52  ) 


Jan.  7tli.]    AEKAXSAS  CO^s^STITUTIOis^AL  C0XYE:XTI0X.    [1st  Day. 


Delegates'  Oatli  of  Office — Administration  of  the  Oath. 


Municipal;  Exemption  of  Eeal  and  Personal  Estate;  Amending  and  Eevising 
the  Constitution  ;  Internal  Improvements  Impeachments,  and  Eemovals  from 
Office;  Public  Property  and  Expenditures;  Miscellaneous  Provisions;  Sched- 
ule; Printing;  Supplies  and  Expenditures;  Elections;  Militia;  Engrossment; 
Apportionment. 

Resolved,  further:  That  said  committees  be  composed  of  not  less  than  three, 
nor  more  than  seven  persons. 

The  question  was  taken ;  and  the  resolutions  were  adopted. 

delegates'  oath  of  office. 

Mr.  HDsDS,  from  the  Committee  appointed  to  draft  a  form  of  oath  to 
be  taken  by  members  of  the  Convention,  reported,  as  the  form  of  such 
oath,  the  following : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  support  the  Consti- 
tution of  the  United  States,  and  will  impartially  discharge  the  duties  incum- 
bent upon  me  as  a  delegate  to  the  Constitutional  Convention  of  Arkansas, 
according  to  the  best  of  my  ability:  So  help  me  Cod." 

The  question  was  taken  upon  the  adoption  of  the  Eeport;  and  it  was 
unanimously  adopted. 

ADMIXISTRATIOX  OF  THE  OATH. 

Mr.  Hli^DS  moved  that  the  Honorable  Henry  E.  Caldwell,  Judge  of 
the  District  Court  of  the  United  States  for  the  Eastern  and  Western 
Districts  of  Arkansas,  be  requested  to  administer  to  the  members  of  the 
.  Convention,  then  present,  the  prescribed  oath. 

The  question  was  taken  ;  and  the  motion  was  agreed  to.  Whereupon, 
His  Honor,  Judge  Caldwell,  came  forward  to  the  President's  desk, 
and  administered  the  oath  above  prescribed,  to  the  following-named  mem- 
bers of  the  Convention : 

Messrs.  Brooks,  Bell,  Brashear,  Belden,  Bradley,  Beasley,  Coates, 
Cypert,  Dale,  Duyall,  Evans,  Exon,  Gantt,  G-ray  of  Jefferson,  Grey 
of  Phillips,  Harrison,  Hawkins,  Hinds,  Hinkle,  Hodges  of  Crittenden, 
Hodges  of  Pulaski,  Hutchinson,  Johnson,  Kyle,  Langley,  Mason,  Mat- 
thews, MiLLSAPs,  Montgomery,  Murphy,  McCown,  McClure,  Oliver, 
Poole,  Priddy,  Puntney,  Rector,  Samuels,  Sarber,  Shoppach,  Sims, 
Smith,  Snyder,  Yan.  Hook,  Wilson,  White,  Williams,  Wright,  Wyatt, 
and  the  President. 

(  53  ) 


1868.] 


DEBATES  A^TD  PEOCEEDIJSTGS  OF  THE  [Wednesday, 


Qualification  of  certain  Members  and  of  Ofiicers. 


Mr.  HODGES,  of  Pulaski,  moved  that  the  Convention  adjourn  to  10 
o'clock,  A.M.,  of  the  morrow. 

The  question  was  taken  ;  and  the  motion  was  agreed  to  ; 

And  thereupon,  at  1.25,  p.m.,  the  Convention  adjourned,  to  meet  at  10, 
A.M.,  of  Wednesday,  January  8th. 


S  E  C  0  N  D    D  A  Y. 

Wednesday,  January  Sth,  1868. 

Convention  met,  pursuant  to  adjournment,  at  10,  a.m. 

The  roll  was  called;  and  a.quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

In  the  absence  of  the  Chaplain,  and  upon  invitation  of  the  President, 
prayer  was  offered  by  the  Hev.  Mr.  Brooks,  member  from  Phillips. 

The  Journal  of  the  preceding  day  was  read  and  approved. 

QUALIFICATION  OF  CERTAIN  MEMBERS  AND  OF  OFFICERS. 

Mr.  HI^TKLE  moved  that  all  delegates  present,  not  already  sworn,  be 
requested  to  present  their  credentials,  and  receive  the  oath  of  office. 

Mr.  CYPERT  moved  to  so  amend  as  to  include  all  officers  of  the  Con- 
vention. 

The  amendment  was  agreed  to;  and  the  question  being  taken,  the  mo- 
tion, as  amended,  prevailed. 

The  Honorable  William  Story,  Judge  of  the  Eighth  Judicial  Circuit, 
upon  invitation  of  the  President,  proceeded  to  administer  the  prescribed 
oath  to  the  following-named  members  of  the  Convention,  viz. :  Messrs. 

George  S.  Scott,  of  Little  River  County, 

F.  M.  Sams,  of  Madison  County, 

Joseph  A.  CorbelLj,  of  Sevier  County, 

C.  W.  Walker  and  J.  M.  Hoge,  of  Washington  County, 

Thomas  Owen,  of  White  County, 

F.  A.  Rounsaville,  of  Yell  County, 

Who  now  first  appeared  in  their  seats  and  presented  their  credentials, 
And  Mr.  Hicks. 


(  54  ) 


Jan.  8th.]     AEKANSAS  CONSTITUTIOlSrAL  CO^TYENTIOI^.     [2d  Day. 


Committee  on  Standing  Eules — Postmaster — Committee  on  Eelief  for  Poor  of  the  State. 


To  the  following-Darned  officers  of  the  Convention,  Judge  Story  admin- 
istered the  oath  of  office  in  corresponding  foijfn :  Messrs.  Price,  Secre- 
tary,— St.  John,  First  Assistant  Secretary,— Wright,  Second  Assistant 
Secretary, — Schaerf,  Sergeant-at-Arms, — Belden,  First  Assistant  Ser- 
geant-at-Arms, — Kirkham,  Second  Assistant  Sergeant-at-Arms, — Sevier, 
Doorkeeper, — Robinson,  First  Assistant  Doorkeeper, — Agee,  Second  As- 
sistant Doorkeeper, — Mustain,  Third  Assistant  Doorkeeper, — and  Wil- 
cox, Rector,  and  Jackson,  Pages. 

committee  on  standing  rules  of  order. 
Mr.  Hli^DS  offered  the  following  resolution  : 

Resolved  :  That  a  Committee  of  three  be  appointed  by  the  Chair,  on  standing 
rules  for  the  government  of  the  Convention. 

The  question  was  taken;  and  the  resolution  was  adopted. 
The  PRESIDE^^"T  announced,  as  such  Committee,  Messrs.  Hinds, 
Sims,  and  Coates. 

^  appointment  of  postmaster. 

Mr.  BELDE^nT  moved  that  the  President  appoint  a  Postmaster#for  the 
Convention. 

The  question  was  taken;  and  the  motion  was  agreed  to. 
The  PRESIDED  accordingly  appointed  Mr.  J.  C.-Hall,  as  Postmas- 
ter for  the  Convention. 

committee  on  relief  for  the  poor  of  the  state. 
Mr.  BROOKS  offered  the  following  resolution  : 

Besolved,  That  a  Select  Committee  of  three  be  appointed  to  prepare  and 
present  a  Memorial  to  the  United  States  Congress,  asking  relief  for  the  suffer- 
ing poor  of  the  State  of  Arkansas. 

ft 

He  said  that  a  great  deal  of  suffering  existed  in  the  cotton-growing 
portions  of  the  State,  both  among  the  whites  and  blacks ;  the  means  of 
relief,  in  the  State  itself,  were  limited;  and  humanity  demanded  that 
something  should  be  done  to  alleviate  the  wants  of  the  poor ;  or  further 
suffering,  and  even  starvation,  must  in  very  many  cases  result. 

Mr.  CYPERT  heartily  approved  the  object  of  the  resolution;  but  pro- 
posed to  modify  the  motion,  so  that  the  Committee  be  instructed  to  in- 

(  55  ) 


1868.] 


DEBATES  Al^B  PEOCEEDmGS  OF  THE  [Wednesday, 


Suspension  of  State  Tax — Newspapers  for  Members  and  Officers. 


quire  into  all  tlie  facts,  and  submit  their  report  to  the  Convention.  The 
entire  body  might  then ^ sign  the  memorial,  which  would  thus  have 
greater  weight  as  representing  the  sentiment  of  the  entire  State. 

Mr.  BROOKS  accepted  the  amendment  suggested. 

Mr.  BRADLEY  moved  to.  amend  the  resolution  by  striking  out  the 
word  "three,"  and  inserting  "seven." 

The  question  was  taken ;  and  the  amendment  was  agreed  to. 

The  question  was  then  taken  on  the  resolution  as  amended ;  and  the 
resolution  was  adopted. 

The  PRESIDEIsTT  accordingly  announced,  as  the  Committee  on  Me- 
morial to  Congress  for  the  relief  of  the  suffering  poor  of  Arkansas,  Messrs. 
Brooks,  Cypert,  Rector,  Langley,  Snyder,  Belden,  and  Dale. 

SUSPENSION  OF  STATE  TAX. 

Mr.  HODGES,  of  Crittenden,  offered  the  following  resolution : 

Resolved:  That  the  Commander  of  the  Military  District  be  memorialized  for 
the  purpose  of  suspending  the  collection  of  the  present  State  tax. 

He  understood  there  was  in  the  State  Treasury  about  $250,000 ;  and 
there  was  no  need  of  having  a  larger  sum  there.  As  he  understood  the 
Reconstruction  Laws,  it  was  necessary  to  meet  the  expenses  of  the  Con- 
vention by  the  levy  of  a  special  tax;  and  therefore  the  money  in  the 
Treasury  would  not  be  applied  to  the  payment  of  such  expenses. 

Mr.  HODGES,  of  Pulaski,  thought  the  Convention  was  scarcely  pre- 
pared to  vote  at  once  upon  the  resolution. 

He  moved  that  the  resolution  be  referred  to  the  Committee  on  Finance, 
Taxation,  and  Public  Debt,  whenever  such  committee  should  be  appointed. 

The  question  on  the  motion  for  reference  was^  taken,  and  the  motion 
was  agreed  to. 

NEWSPAPERS  FOR  MEMBERS  AND  OFFICERS. 

Mr.  HLN'DS  offered  the  following  resolution  : 

Resolved  :  That  each  member  and  officer  of  this  Convention  furnish  to  the 
Secretary  a  list  of  papers  for  which  he  wishes  to  subscribe,  and  that  the  Sec- 
retary subscribe  for  such  papers,  to  be  paid  out  of  the  moneys  that  may  be 
appropriated  to  defray  the  expenses  of  the  Convention  :  Provided,  That  no 
member  shall  be  allowed  more  than  ten  daily  papers,  or  weekly  papers  equiv- 
alent to  that  number  of  dailies. 

The  question  was  taken ;  and  the  resolution  was  adopted. 
(  56  ) 


Jan.  8th.]     AKKAIs^SAS  COE-STITUTIOI^^AL  CO^i^YEXTIOlST.     [2d  Day. 


Kemoval  of  Political  Disabilities — Addition  to  Committee  on  Eules  of  Order. 


REMOVAL  OF  POLITICAL  DISABILITIES. 

Mr.  HODGES,  of  Pulaski,  offered  tlie  following  resolution  : 

Resolved :  That  a  Select  Committee  of  five  be  appointed  by  the  Chair,  whose 
duty  it  shall  be  to  prepare  a  memorial  to  Congress,  asking  that  the  disabilities 
of  those  citizens,  in  the  State,  who  have  faithfully  and  earnestly  advocated  and 
assisted  in  reconstruction,  be  removed,  and  that  said  Committee  be  instructed 
to  receive  the  names  of  such  citizens,  and  to  embody  the  same  in  their  me- 
morial. * 

Mr.  HI^^'DS  moved  that  the  resolution  be  referred  to  the  Committee  on 
Memorials,  whenever  such  Committee  should  be  appointed. 
Upon  discussion, 

Mr.  HI^^DS  withdrew  the  motion  to  refer. 
Mr.  BEOOKS  moved  that  the  resolution  lie  upon  the  table. 
The  question  was  taken ;  and  the  motion  to  lay  upon  the  table  was 
agreed  to. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Convention  adjourn  to  10 
o'clock,  A.M.,  of  the  morrow. 

The  question  was  taken ;  and  the  motion  to  adjourn  was  agreed  to; 

And  thereupon,  at  11,  a.m.,  the  Convention  adjourned,  to  meet  at  10, 
A.M.,  of  Thursday,  January  9th.. 


THIEDDAY. 

Thursday,  January  9th,  1868. 

Convention  met,  pursuant  to  adjournment,  at  10,  a.m. 

In  the  absence  of  the  Chaplain,  and  on  invitation  of  the  President, 
prayer  was  offered  by  the  Eev.  Mr.  Beasley,  member  from  Columbia. 

The  roll  was  called ;  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

The  Journal  of  the  preceding  day  was  read  and  approved. 

addition  to  committee  on  rules  of  order. 

Mr.  HHsTDS,  of  Pulaski,  moved  that  the  number  of  the  Committee 
to  prepare  Eules  of  Order  for  the  Government  of  the  Convention,  be 
increased  to  live. 

(  57  ) 


1868.] 


DEBATES  AISTD  PEOCEEDmGS  OF  THE  [Thursday, 


Qualification  of  Mr,  Houghton— Expenses — Tax  on  Eaw  Cotton — Collection  of  Debt. 


The  question  was  taken ;  and  the  motion  was  agreed  to. 
The  PRESIDE^TT  accordingly  appointed,  as  such  additional  members 
of  the  Committee,  Messrs.  Bell  and  Gantt, 


QUALIFICATION  OP  MR.  HOUGHTON. 

Mr.  J.  A.  Houghton,  member  for  Cross  and  Poinsett  Counties,  ap- 
peared in  his  seat,  and  presented  bis  credentials  ;  and  the  oath  of  office 
was  duly  administered  to  him  by  the  Honorable  William  Story,  Judge 
of  the  Eighth  Judicial  Circuit. 

EXPENSES  OF  THE  CONVENTION. 

Mr.  BROOKS  offered  the  following  resolution : 

Resolved:  That  the  Committee  on  Finance  be,  and  are  hereby,  instructed  to 
estimate  the  expenses  of  this  Convention,  and  to  report  an  ordinance  for  the 
levy  and  collection  of  the  necessary  tax  to  meet  such  expenditure. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

TAX  ON  RAW  COTTON. 

Mr.  SIMS  offered  the  following  resolutions  : 

Resolved  :  That  it  is  the  opinion  of  the  members  of  this  Convention,  that  the 
tax  on  raw  cotton  should  be  removed ;  that  it  bears  heavily  on  the  laboring 
classes  of  this  State;  at  a  time,  too,  when,  from  the  almost  complete  failure 
of  the  crops,  the  very  means  of  livelihood  of  the  people  would  seem  to  be 
almost  exhausted,  and  its  continuance  can  only  have  the  effect  of  practically 
prohibiting  the  culture  of  the  staple  during  the  present  and  succeeding  years. 

Resolved  :  That  the  Secretary  be  directed  to  forward  a  copy  of  this  resolu- 
tion to  the  Senate  of  the  United  States. 

Tbe  question  was  taken ;  and  tlie  resolutions  were  adopted. 

SUSPENSION  OF  COLLECTION  OF  DEBT. 

Mr.  BE ASLEY  offered  tbe  following  resolution : 

Resolved :  That  the  Convention  memoriahze  the  commander  of  this  Depart- 
ment to  suspend  the  collection  (by  law)  of  all  indebtedness  in  Arkansas,  until 
the  1st  day  of  January,  1869. 


(  58  ) 


Jan.  9th.]     AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.     [3d  Day. 


Eeduction  in  number  of  Officers  and  of  Newspapers.— CYPEET— KYLE— BEOOKS. 


Mr.  BROOKS  moved  that  the  resolution  be  referred  to  the  Committee 
on  Finance,  Taxation,  and  Public  Debt. 

The  question  was  taken ;  and  the  motion  to  refer  was  agreed  to. 

REDUCTION  m  NUMBER  OF  OFFICERS,  AND  OF  NEWSPAPERS  FURNISHED. 

Mr.  CYPERT  offered  the  following  resolution  : 

Whereas,  it  is  th%  duty  of  this  Convention  to  relieve  the  people  of  this  State, 
as  far  as  possible,  from  the  burdens  of  taxation,  and  to  that  end  it  should  pre- 
serve a  system  of  rigid  economy;  therefore  be  it 

Resolved,  1st.  That  the  offices  of  Second  and  Third  Assistant  Secretaries, 
Second  and  Third  Assistant  Doorkeepers,  Second  Assistant  Sergeant-at-Arms, 
and  Postmaster,  of  this  Convention,  be  abolished. 

2d.  That  the  members  only  be  furnished  with  one  of  each  of  the  daily  news- 
papers of  this  city,  instead  of  ten,  as  now  prescribed. 

Mr.  BROOKS  moved  that  the  resolution  lie  upon  the  table. 

Mr.  CY^PERT  thought  the  Convention  should  not  act  hastily  where  an 
effort  was  made  to  save  the  people's  money.  There  were  more  officers, 
now,  than  necessity  demanded.  While  the  Convention  was  petitioning 
Congress  for  aid  in  support  of  the  poor,  it  was  paying  salaries  to  officers 
whose  services  were  not  needed.  The  county  courts  were  hardly  able  to 
support  their  poor;  and  we  should  not  squander  the  people's  money.  He 
appealed  to  members  not  unceremoniously  to  dispose  of  a  resolution 
having  for  its  object  the  relief  of  the  people  from  taxation. 

Mr.  KY^LE  moved,  as  a  substitute  for  the  motion  to  lay  upon  the  table, 
that  the  resolution  be  referred  to  the  Committee  on  Finance,  that  the 
matter  might  be  investigated. 

Mr.  BROOKS  withdrew  his  motion,  in  order  to  allow  the  substitute  to 
come  before  the  Convention.  He  thouo:ht  that  if  the  business  could  be 
sooner  dispatched  by  the  employment  of  these  officers,  it  would  be  econ- 
omy to  employ  them.  The  money  expended  for  newspapers  would  be 
well  invested,  and  the  people  would  be  thus  informed  of  the  action  of  the 
Convention  upon  whose  doings  they  would  soon  be  called  to  pass.  He 
thought  that  one  great  cause  of  the  present  deplorable  condition  of  the 
State,  was  the  lack  of  circulation  of  newspapers,  and  want  of  intelligence 
among  the  people.    He  would  oppose  all  changes  in  this  respect. 

Mr.  CY^PERT  thought  it  was  not  the  proper  course  to  elect  these 
officers  in  advance.  He  would  get  along  with  as  few  as  possible,  and  add 
to  the  number  as  they  might  be  demanded,  i^'ewspapers  did  not  afford 
the  information  that  the  people  needed.  If  there  were  fewer  newspapers, 
and  more  honest  men  to  edit  them,  the  country  would  be  better  off.  These 

(  59  ) 


1868.] 


DEBATES  Aisri)  PEOCEEDmGS  OF  THE 


[Thursday, 


Announcement  of  Standing  Committees. 

political  papers  were  to  be  employed  in  disseminating  political  dogmas, 
instead  of  useful  information,  and  this  at  a  heavy  expense  to  the  impover- 
ished people  of  the  State. 

Mr.  CYPEET  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  then  taken  on  the  motion  to  refer;  and  it  was  decided 
in  the  affirmative, — Yeas  45,  ^Tays  14,  as  follows : 

Teas  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Corbell,  Dale,  Evans, 
Exon,  Gray  of  Jefferson,  Grey  of  PhiUips,  Harrison,  Hatfield,  Hawkins,  Hinds, 
Hinkle,  Hodges  of  Pulaski,  Hutchinson,  Johnson,  Kyle,  Langley,  Mason,  Mill- 
saps,  Montgomery,  Murphy,  McClure,  McCown,  Oliver,  Poole,  Portis,  Priddy, 
Puntney,  Eawlings,  Eector,  Eounsaville,  Samuels,  Sarher,  Scott,  Sims,  Snyder, 
Wilson,  White,  Williams,  Wyatt,  and  the  President — 45. 

l^AYS :  Messrs.  Bradley,  Coates,  Cypert,  Duvall,  Gantt,  Hicks,  Hoge,  Mat- 
thews, Owen,  Sams,  Shoppach,  Yan  Hook,  Walker,  and  Wright — 14. 

So  the  Convention  refused  to  refer  the  resolution  to  the  Committee  on 
Finance. 

ANNOUNCEMENT  OF  STANDING  COMMITTEES. 

The  PEESIDEKT  announced  the  following  standing  committees : 

On  the  Constitution^  its  Arrangement  and  Phraseology. — Messrs.  Hodges  of 
Pulaski,  McClure,  Brooks,  Sims,  Walker,  Sarber,  and  Portis. 

On  Preamble  and  Bill  of  Eights. — Messrs.  Brooks,  Hawkins,  Coates, 
Langley,  Priddy,  Harrison,  and  Yan  Hook. 

On  the  Legislative  Department. — Messrs.  Sims,  Hutchinson,  Corbell, 
Evans,  Brashear,  Wyatt,  and  Pickett. 

On  the  Executive.— Messrs.  Snyder,  Matthews,  Wilson,  McClure, 
Sims,  Johnson,  and  Kelly. 

On  Boundaries, — Messrs.  Bradley,  Gray  of  Woodruff,  Beasley,  Eoun- 
saville, Wyatt,  G-rey  of  Phillips,  and  Wilson. 

On  the  Judiciary.— Messrs.  Montgomery,  McCown,  Snyder,  Sims, 
McClure,  Hinds,  and  Sams. 

On  State  Officers,  other  than  Executive. — Messrs.  Brashear,  Sims,  Brooks, 
Matthews,  Duvall,  Hodges  of  Pulaski,  and  Williams. 

On  Organizaiion  of  Government  of  Cities  and  Villages. — Messrs.  Grey  of 
Phillips,  Allen,  Johnson,  Mallory,  Corbell,  Samuels,  and  Cypert. 

On  Salaries.— Messrs.  Mallory,  Misner,  McClure,  Sims,  Hutchinson, 
and  Gray  of  J effersou. 

(60)  -  ^ 


Jan.  9th.]     AEKAlSrSAS  CO^^STITUTIO^^AL  CO^TYEA[TIOI^.     [3d  Day, 


Announcement  of  Standing  Committees. 


On  Counties  and  Townships. — Messrs.  Oliver,  Bell,  Millsaps,  Hinkle, 
Hawkins,  Houghton,  and  Langley. 

On  Elective  Franchise. — Messrs.  Hinds,  Grey  of  Phillips,  Hutchinson, 
Cypert,  Exon,  Hinkle,  and  Brashear. 

On  Finance^  Taxation^  Public  Debt,  and  Expenditures. — Messrs.  McClure, 
Scott,  Hodges  of  Pulaski,  Poole,  Sarber,  Sims,  and  Montgomery. 

On  Education. — Messrs.  Hutchinson,  Smith,  Mason,  Brooks,  Grey  of 
Phillips,  Gray  of  Jefferson,  and  .Dale. 

On  Banking,  and  Corporations  other  than  Municipal. — Messrs.  McCown, 
Hodges  of  Crittenden,  Sarber,  Houghton,  Hatfield,  and  Williams. 

On  Exemption  of  Reed  and  Personal  Estate. — Messrs.  Beasley,  Belden, 
Murphy,  Owen,  Montgomery,  McCown,  and  Pounsaville. 

On  Amending  and  Revising  Constitution. — Messrs.  Kyle,  Gray  of  Jeffer- 
son, Eeynolds,  Snyder,  Wyatt,  Brashear,  Samuels,  and  Williams. 

On  Internal  Improvements. — Messrs.  Smith,  Sarber,  Oliver,  Brashear, 
Bell,  Misner,  and  Portis. 

On  Impeachment,  and  Removal  from  Office. — Messrs.  Evans,  White,  Shop- 
PACH,  Priddy,  Puntney,  Gantt,  and  Pawlings. 

On  Miscellaneous  Provisions. — Messrs.  Scott,  Patcliffe,  Allen,  Evans, 
CoATES,  White,  and  Mallory. 

On  Schedule. — Messrs.  Matthews,  Hicks,  Rounsaville,  Puntney, 
Hinds,  Gantt,  and  Pector. 

On  Printing. — Messrs.  McClure,  Coates,  Sarber,  Hodges  of  Pulaski, 
Sims,  and  Yan  Hook. 

On  Supplies. — Messrs.  Sams,  Wright,  Bradley,  Harrison,  Hawkins, 
Hodges  of  Crittenden,  and  Mason. 

On  Elections. — Messrs.  Sarber,  Dale,  Mallory,  Hutchinson,  Hinds, 
Gantt,  and  Hatfield. 

On  Apportionment. — Messrs.  Sarber,  Hodges  of  Pulaski,  McClure,  Sny- 
der, and  Hinds. 

On  Engrossment. — Messrs.  Poole,  Hoge,  Coates,  Evans,  Bradley,  and 
Hodges  of  Pulaski. 

Mr.  HE^TDS  moved  that  a  standing  committee  on  memorials  and  ordi- 
nances be  appointed,  to  consist  of  five  members. 

The  question  was  taken ;  and  the  motion  was  agreed  to.  . 
The  PEESn)E^;rT  announced  the  Committee,  as  follows : 

On  Memorials  and  Ordinances, — Messrs.  Hinds,  Snyder,  Beasley,  Kyle, 
Rawlings,  and  Hollis. 

(  61  ) 


1868.] 


DEBATES  AISTD  PEOCBEDmGS  OF  THE 


[Thursday, 


Keduction  in  number  of  Officers.— BKADLEY— KYLE— SNYDEK—CYPEKT. 


REDUCTION  IN  NUMBER  OF  OFFICERS — RESUMED. 

Mr.  BEADLE Y  offered  the  following  resolution: 

Resolved:  That  the  services  of  the  officers  emhraced  in  the  resolution  offered 
by  Mr.  Cypert  be  dispensed  with  until  the  resolution  shall  finally  be  disposed  of 

A  MEMBER  moved  that  the  resolution  be  referred  to  the  Committee 
on  Finance,  Taxation,  Public  Debt,  and  Expenditures. 

Mr.  HICKS  desired  to  be  informed  by  what  authority  these  offices  had 
been  created,  and  under  what  law  they  existed. 

The  PRESIDEIn^T  stated  that  the  election  of  officers  created  the  offices, 
and  the  incumbents  had  been  selected  for  the  reason  that  the  Convention 
thought  their  services  would  be  needed. 

Mr.  BRADLEY  said  he  belonged  to  no  clique  or  faction ;  and  although 
he  had  been  advertised  in  the  newspapers  as  being  a  Radical,  a  member 
of  the  great  Republican  Party,  he  would  now  say  that  he  represented  no 
party  on  this  floor.  He  had  come  here  as  the  representative  of  a  con- 
stituency of  several  thousand  citizens,  and  in  looking  to  their  interests 
he  ignored  everything  like  party  attachment.  He  would  not  participate 
•  in  any  hasty  legislation,  and  would  not  saddle  unnecessary  burdens  on  an 
impoverished  people.  As  for  newspapers,  he  desired  to  be  furnished  with 
them  to  a  reasonable  extent.  He  protested,  however,  against  determining 
the  intellectual  status  of  the  people  of  Arkansas  by  their  appreciation  of 
small  newspapers,  made  up,  for  the  most  part,  of  political  squibs.  They 
w^ere  chiefly  bent  upon  accomplishing  the  success  of  party  measures. 
"When  he  forgot  the  duty  he  owed  his  constituents,  and  lent  himself  to 
the  advancement  of  merely  partisan  schemes,  he  would  resign  his  seat  and 
tell  his  people  to  send  hither  a  political  trickster  in  his  place.  He  desired 
to  save  all  the  money  possible,  that  it  might  rather  be  applied  to  save 
from  starvation  helpless  women  and  children,  instead  of  being  distributed 
among  stout  men  who  ought  to  be  harnessed  to  the  soil  and  made  to 
work,  and  to  add  to  their  country's  prosperit}^ 

Mr.  KYLE  thought  the  officers  might  be  continued;  the  Committee 
could  report  to-morrow,  and  action  could  be  had  at  once. 

Mr.  SKYDER  said  that  as  the  gentleman  from  Bradley  [Mr.  Bradley] 
seemed  so  solicitous  to  save  money,  he  had  taken  the  pains  to  make  a 
calculation,  and  found  that  the  gentleman's  speech  had  cost  the  State 
eighteen  dollars,  a  sum  which  w^ould  buy  three  hundred  and  sixty  copies 
of  a  daily  paper.  He  thought  the  sad  condition  of  the  people  of  the  State 
was  due  to  their  lack  of  information  in  times  past,  a  want  which  would 
to  a  great  degree  be  supplied  by  the  circulation  of  newspapers. 

Mr.  CYPERT  read  from  the  "Evening  Republican"  a  portion  of  an 
(  62  )  .  - 


Jan.  9th.]     AEKAXSAS  COXSTITUTIOXAL  COXYEXTIO::sr.    [3d  Day. 


Committee  on  the  Penitentiary.— HODGES— BKADLEY—MONTGOMEEY. 


article  upon  the  first  day's  proceedings  of  the  Convention, — charac- 
terized it  as  affording  a  meagre  report,  and  insisted  that  such  information 
was  of  no  benefit  to  the  people.  His  intention  was,  to  lop  off"  superfluous 
expenses. 

Mr.  HODGES,  of  Pulaski,  said  he  would  take  but  a  moment  of  time — 
that  sufiicient  time  had  already  been  occupied  in  discussing  the  matter, 
and  a  sufficient  amount  of  the  people's  money  thus  consumed,  to  go  far 
toward  paying  the  expenses  to  which  the  gentleman  objected ;  and  that 
the  people  would  be  satisfied  with  the  Convention,  so  far  as  its  expenses 
were  concerned,  if  it  would  speedily  accomplish  the  work  for  which  it 
was  assembled. 

Mr.  BEADLE Y  did  not  wish  to  be  understood  as  saying  that  all  news- 
papers were  corrupt,  but  that  they  were  devoted  mainly  to  promoting' 
party  purposes  instead  of  circulating  valuable  information. 

Mr.  MO^nTTGOMERY  remarked  that  there  were  other  superfluities 
here  beside  the  officers ;  and  perhaps  they  might  all  better  be  removed  at 
once. 

Mr.  CYPERT  asked  for  the  yeas  and  nays  on  the  motion  to  refer  the 
resolution. 

The  yeas  and  nays  were  ordered. 

The  question  was  then  taken ;  and  it  was  decided  in  the  affirmative, — 
Yeas  49,  I^ays  11 ;  as  follows  : 

Teas  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans, 
Exon,  Gray  of  Jefferson,  Grey  of  PhiUips,  Harrison,  Hawkins,  Hinds,  Hinkle, 
Hodges  of  Crittenden,  Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson, 
Kyle,  Langley,  Mason,  Matthews,  Millsaps,  Montgomery,  Murphy,  McCown, 
McClure,  Oliver,  Poole,  Portis,  Priddy,  Puntney,  Eawlings,  Eector,  Eounsavihe, 
Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  Yan  Hook,  Wilson,  White,  Wil- 
liams, Wyatt,  and  the  President — 49. 

]S"ays  :  Messrs.  Bradley,  Corbell,  Oypert,  Duvall,  Gantt,  Hicks,  Hoge,  Owen, 
Shoppach,  Walker,  and  Wright — 11. 

So  the  resolution  was  referred  to  the  Committee  on  Finance,  Taxation, 
Public  Debt,  and  Expenditures. 

COMMITTEE  ON  THE  PENITENTIARY. 

Mr.  BRADLEY  oflered  the  followins^  resolution : 

Resolved:  That  the  President  of  this  Convention  be  requested  to  appoint  a 
Committee  on  the  Penitentiary. 


The  question  was  taken ;  and  the  resolution  was  adopted. 

(  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Qualification  of  Mr.  Misner — Standing  Kules. 


QUALIFICATION  OF  MR.  MISNER. 

Mr.  Peter  G.  Misner,  delegate  from  Independence  County,  appeared 
in  Ms  seat,  and  presented  his  credentials;  and  the  prescribed  oath  of  office 
was  administered  to  him  by  the  Honorable -Henry  C.  Caldwell,  Judge 
of  the  District  Court  of  the  United  States  for  the  Eastern  and  Western 
Districts  of  Arkansas. 

STANDING  rules. 

Mr.  HINDS,  from  the  Committee  appointed  to  prepare  standing  rules 
of  order  for  the  guidance  of  the  Convention,  asked  unanimous  consent 
to  introduce  the  Eeport  of  said  Committee. 

No  objection  being  made, 

Mr.  HINDS,  on  behalf  of  the  Committee,  presented  the  following 
Standing  Rules  of  Order : 

Rule  I.  Two-thirds  of  the  members  sworn  in  shall  be  a  quorum  to  transact 
business;  but  a  smaller  number  may  compel  the  attendance  of  members,  and 
adjourn  from  day  to  day. 

Rule  II.  Reading  of  minutes,  and  corrections. 

Rule  III.  The  President  shall  preserve  order  and  decorum,  and  decide  ques- 
tions of  order,  subject  to  an  appeal  to  the  Convention.  He  shall  have  the 
right  to  name  any  member  to  perform  the  duties  of  the  Chair;  but  substitution 
shall  not  extend  beyond  the  hour  of  adjournment. 

Rule  TV.  All  motions  and  addresses  to  be  made  to  the  President. 

Rule  Y.  No  motion  to  be  debated  or  put  unless  seconded,  and  all  to  be 
reduced  to  writing  if  required  by  the  President. 

Rule  VI.  Ayes  and  nays  to  be  called  for  by  ten  members. 

Rule  YII.  President  to  name  who  has  the  floor. 

Rule  YIII.  No  interruptions ;  and  on  a  call  to  order  a  member  must  sit 
down. 

Rule  IX.  No  conversation  while  a  member  is  speaking;  or  passiug  between 
a  member  who  is  speaking,  and  the  Chair. 

Rule  X.  No  reference  to  members'  names  in  debate. 

Rule  XL  Motions  can  be  withdrawn  by  mover  before  question  is  put,  and 
amendment  made  ;  and  another  member  may  put  the  same. 

Rule  XII.  All  Committees  to  be  appointed  by  the  President,  unless  other- 
wise ordered. 

Rule  XIII.  None  to  be  admitted  inside  the  bar  except  members  and  officers, 
without  permission  of  the  President,  or  on  invitation  of  a  member. 

Rule  XIY.  The  previous  question  shall  always  be  in  order  in  Convention, 
if  seconded  by  a  majority;  and  until  decided,  all  debates  and  amendments  shall 
be  precluded.  The  question  shall  be  put  in  this  form  :  "  Shall  the  main  ques- 
tion be  now  put  ?"  If  it  should  be  decided  that  the  question  should  not  be 
put,  the  main  question  shall  still  remain  under  consideration.  If  seconded, 
the  questions  will  then  be  taken  in  their  order,  without  debate. 
(  64  ) 


Jan.  9th.]     AEKANSAS  COE-STITUTIOJ^AL  CO^^-VEJSTTIOI^.     [3d  Day. 


Standing  Kules. 


Amendments  proposed  in  Committee  of  the  Whole  shall  be  deemed  pend- 
ing, and  in  order,  if  called  for  by  a  member. 

EuLE  XY.  A  motion  to  adjourn  shall  always  be  in  order,  and  be  decided 
without  debate. 

EuLE  XYI.  In  forming  Committees  of  the  Whole,  the  President,  before 
leaving  the  chair,  shall  appoint  a  Chairman. 

EuLE  XYII.  ■[N'o  member  shall  speak  more  than  twice  to  the  same  question, 
without  leave,  nor  more  than  once  until  every  other  member  rising  to  speak 
shall  have  spoken. 

EuLE  XYIII.  A  motion  for  reconsideration  shall  be  in  order  at  any  time,  and 
may  be  moved  by  any  member  of  the  Convention.  But  the  question  shall  not 
be  taken  on  the  same  day,  unless  by  unanimous  consent;  and,  if  lost,  it  shall 
not  be  renewed,  or  any  vote  be  taken  on  a  reconsideration  a  second  time,  unless 
with  the  consent  of  the  Convention.  If  the  motion  to  reconsider  is  not  made 
on  the  same  day,  one  day's  notice  shall  be  required  to  be  given  of  the  intention 
to  make  it. 

EuLE  XIX.  The  preceding  rules  shall  be  observed  in  Committee  of  the 
Whole,  so  far  as  they  are  applicable,  except  so  much  of  the  seventeenth  rule 
as  restricts  the  speaking  to  more  than  twice. 

A  call  for  the  ayes  and  nays  for  the  previous  question ^  and  a  motion  to 
adjourn,  shall  not  be  applicable;  but  a  motion  for  the  Committee  to  rise  shall 
always  be  in  order,  and  shall  be  decided  without  debate.  But  the  journal  of 
the  proceedings  in  committee  shall  be  kept. 

EuLE  XX.  The  President  may  admit  such,  and  as  many,  reporters,  within 
the  bar,  as  he  may  deem  proper. 

EuLE  XXL  Any  member  may  move  a  call  of  the  Convention,  and  if  sus- 
tained by  one-third  of  the  members  present,  the  roll  shall  be  called,  and  absent 
members  sent  for.  xlfter  the  roll  is  called,  no  member  shall  be  permitted  to 
leave  the  room  until  the  report  of  the  Sergeant-at-Arms  be  received,  or  further 
proceedings  in  the  call  be  suspended  by  a  vote  of  the  majority  of  the  members 
present.  But  this  rule  shall  not  be  applicable  to  the  Committee  of  the  Whole. 

EuLE  XXII.  The  rules  of  the  parliamentary  practice  comprised  in  Jeffer- 
son's Manual  shall  govern  the  Convention  in  all  cases  to  which  they  are  ap>pli- 
cable,  and  in  which  they  are  not  inconsistent  with  the  standing  rules  and 
orders  of  this  Convention. 

EuLE  XXIII.  On  the  meeting  of  the  Convention,  after  correcting  the  jour- 
nal of  the  preceding  day,  the  order  of  business  shall  be  as  follows : 

1st.  Presentation  of  Petitions. 

2d.  Eeport  of  Standing  Committees. 
Eeports  of  Select  Committees. 

3d.  Motions,  Eesolutions,  and  I^otices. 

4th.  Unfinished  Business  of  the  previous  day. 

5th.  Special  Order  of  the  day. 

6th.  General  Order  of  the  day. 

EuLE  XXIY.  The  hour  of  meeting  shall  be  10  o'clock,  a.m.,  on  each  day, 
Sundays  excepted. 

5  (  65  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Thursday, 


Standing  Kules.— GENERAL  DEBATE. 


EuLE  XXY.  No  rule  of  the  Convention  shall  be  suspended,  altered,  or 
amended,  without  the  concurrence  of  two-thirds  of  the  members  present. 

Mr.  CYPERT  was  desirous  that  the  Eeport  should  be  laid  over  until  the 
next  day,  in  order  that  time  might  be  afforded  for  examination. 

If,  however,  it  was  desired  to  proceed  immediately  in  the  matter,  he 
moved  that  t'he  rules,  reported  by  the  Committee,  be  taken  up  singly,  and 
thus  disposed  of. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

The  question  being  separately  taken  on  the  adoption  of  each  of  the  rules, 
as  reported  by  the  Committee,  the  1st,  . 2d,  3d,  4th,  and  5tli  Rules,  respec- 
tively, were  adopted. 

Rule  VI  being  under  consideration, 

Mr.  CYPERT  moved  to  amend  by  striking  out  the  word  ten,"  and 
inserting  '^five"  in  its  stead. 

Messrs.  HOGrE  and  CYPERT  advocated  the  amendment. 

The  question  was  taken;  and  the  amendment  was  rejected, — Ayes  20, 
Foes  32. 

Mr.  CYPERT  then  moved  to  amend  by  striking  out  the  word  "  ten," 
and  inserting  "  six"  in  its  stead. 

The  question  was  taken ;  and  the  amendment  was  rejected, — Ayes  20, 
Noes  30. 

The  question  was  then  taken  on  the  adoption  of  Rule  VI,  as  reported ; 
and  the  rule  was  adopted. 

The  question  being  separately  taken  on  the  7th,  8th,  9th,  10th,  11th, 
12th,  13th,  14th,  15th,  16th,  17th,  18th,  and  19th  Rules,  as  reported,  they 
were,  respectively,  adopted. 

Rule  XX,  as  reported  by  the  Committee,  being  under  consideration, 

Mr.  CYPERT  offered  the  following  as  a  substitute  therefor  : 

EuLE  XX.  The  Convention  shall  have  power  to  exclude  any  and  all  re- 
porters, upon  a  vote  of  two-thirds. 

Mr.  SARBER  moved  that  the  substitute  be  laid  upon  the  table. 
Messrs.  CYPERT  and  BROOKS  opposed  the  motion  to  lay  upon  the 
table. 

Mr.  BO  WEN  [Jfr.  Brooks  in  the  chair']  desired  that  the  Convention 
would  assume  the  responsibility  in  the  matter  of  the  exclusion  of  re- 
porters, and  hoped  the  motion  to  lay  upon  the  table  would  be  withdrawn. 

Mr.  SARBER  withdrew  the  motion  to  lay  the  substitute  upon  the  table. 

The  question  was  then  taken  [the  President  in  the  chair]  upon  the  sub- 
stitute offered  by  Mr.  Cypert  ;  and  the  substitute  was  adopted. 
(  66  ) 


Jan.  9tli.]     AEKAXSAS  COXSTITUTIOyAL  COSVESTIOS.     [3d  Day. 


Printing  of  Eules.  etc. 


The  question  was  taken  separately  upon  the  21st.  :22d_,  23d.  and  24th 
Eules.  as  reported :  and  the  same  were  adopted. 
Eule  X\  \  .  as  reported,  being  under  consideration. 
Mr.  CTPEET  moved  to  amend  by  adding  thereto  the  words : 

•'■And  any  proposition  to  alter  or  amend  these  rules  shall  lie  over  one  day." 

Mr.  BEOOKS  moved  further  to  amend  by  striking  out  the  words  '"two- 
thirds."  and  inserting  in  their  stead  the  words.    a  majority.'"' 

The  question  was  taken;  and  the  latter  amendment  was  agreed  to. 

The  question  was  then  taken  upon  the  amendment  offered  by  Mr. 
Cypzrt  :  and  the  amendment  was  agreed  to. 

The  question  was  then  taken  upon  the  rule  as  amended;  and  it  was 
adopted;  so  that  the  rule  read  as  follows  : 

Eule  XXT.  Xo  rule  of  the  Convention  shall  be  suspended,  altered  or 
amended,  without  the  concurrence  of  a  majority  of  the  members  present ;  and 
any  proposition  to  alter  or  amend  the  rules  shall  lie  over  one  day. 

Mr.  KYLE  moved  that  the  following  rtile  be  added  to  those  reported 
from  the  Committee  : 

Eule  XXVI.  The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all 
Ordinances  on  their  nnal  reading. 

The  question  being  taken,  the  motion  was  agreed  to ;  and  the  rule  was 
adopted. 

So  the  Convention  adopted,  for  its  government  in  the  transaction  of 
btisinesSj  the  rules  as  reported  from  the  Committee,  with  the  foregoing 
modifications  in  Etiles  XX  and  XXT,  and  the  addition  of  Eule  XXYT. 

PRIXTIX(3  or  Ems.  ETC. 

Mr.  BEOOKS  offered  the  following  resolution  ; 

Fiesol'ced  :  That  the  Secretary  shall  have  one  hundred  copies  of  the  Eules. 
and  Order  of  Business,  printed  for  the  use  of  the  members  of  the  Convention. 

Mr.  HIXDS  offered  the  following  as  a  substitute  for  the  resolution  pre- 
sented by  Mr.  Brooks  : 

HesoIi'cJ :  That  one  hundred  and  fifty  copies  of  the  Eules  adopted  for  the 
government  of  this  Convention  be  printed  in  pamphlet  form,  together  with 

(  67  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OE  THE 


[Friday, 


Qualification  of  certain  Members. — HOGE. 


the  Standing  Committees,  and  the  names  of  its  members,  the  various  Eecon- 
struction  Acts,  and  General  Order  No.  37,  for  the  use  of  this  Convention. 

The  question  was  taken;  and  the  substitute  was  adopted. 
Mr.  HIl^DS  moved  that  the  Convention  adjourn. 
The  question  was  taken;  and  the  motion  was  agreed  to; 
And  thereupon,  at  12.30,  p.m.,  the  Convention  adjourned,  under  the  rule, 
to  10,  A.M.,  of  Friday,  January  10th. 


FOUKTH  DAY. 

Friday,  January  10th,  1868. 

Convention  met  at  10,  a.m. 

In  the  continued  absence  of  the  Chaplain,  and  on  invitation  by  the 
President,  prayer  was  oflered  by  Rev.  Miles  L.  Langley,  member  from 
Clark. 

The  roll  was  called;  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

The  PRESIDED  invited  the  Honorable  Lafayette  Gregg,  of  Wash- 
ington County,  who  was  present  in  the  lobby,  to  a  seat  within  the  bar  of 
the  Convention, 

The  Journal  of  the  preceding  day  was  read  and  approved. 

QUALIFICATION  OF  CERTAIN  MEMBERS. 

Mr.  W.  W.  Reynolds,  delegate  from  Benton  County,  appearing  in  his 
seat, 

Mr.  HOGrE  moved  that  the  credentials  of  Mr.  Reynolds  be  received, 
and  that  the  oath  of  office  be  administered  to  him. 

Mr.  HODGES,  of  Pulaski,  presented  a  communication  from  Mr.  L.  D. 
ToNEY,  representing  that  he  had  been  duly  elected,  by  a  majority  of  eight 
votes,  as  delegate  from  Izard  County,  over  Mr.  W.  W.  Adams,  and  asking 
to  be  admitted  to  a  seat  in  the  Convention.  Mr.  Hodges  moved  that  Mr. 
ToNEY  also  be  sworn  as  a  member  of  the  Convention. 

Mr.  HOGE  objected.  The  credentials  of  the  claimant  were  not  regular 
in  form  or  character.  It  was  proper  that  the  member  from  Benton,  whose 
(  68  ) 


Jan.  10th.]  AEKA]N"SAS  CO^s'STITUTIOXAL  COlSTYEis^TIOI^.   [4tli  Day. 


Izard  County  Election.— GEiS'EEAL  DEBATE. 


credentials  were  presented  in  due  form,  should  be  sworn  in,  so  as  to  be 
allowed  a  vote  on  all  questions  which  might  arise. 

The  PEESIDEXT  requested  that  the  Convention  would  decide  upon 
his  qualifications  to  administer  the  oath  of  office  to  delegates. 

Mr.  SJNTDER  moved  that  the  President  be  authorized  to  administer 
the  oath  of  office  to  members. 

The  question  was  taken :  and  the  motion  was  agreed  to. 

The  prescribed  oath  of  office  was  administered  by  the  President  to 
Mr.  Reynolds,  and  to  Mr.  S.  W.  Mallory,  of  Jefiferson  County,  who  ap- 
peared in  his  seat  and  presented  his  credentials. 


IZARD  COUNTY  ELECTION. 

Mr.  G-AI^TT  moved  that  the  credentials  of  Mr.  Toney,  claimant  of  a 
seat  from  Izard  County,  be  referred  to  a  select  committee,  to  consist  of 
three  members. 

Mr.  HODGES,  of  Pulaski,  moved  to  amend  the  motion  by  referring 
the  credentials  to  the  Committee  on  Elections.. 

Mr.  DUYALL  thought  that  according  to  the  Act  of  Congress  under 
which  the  Convention  assembled,  the  commanding  General  was  alone 
authorized  to  determine  as  to  the  validity  of  elections;  and  that  officer 
having  assigned  the  seat  to  Mr.  Adams,  he  doubted  the  authority  of  the 
Committee  on  Elections,  or  the  Convention,  to  award  the  seat  to  any  other 
person. 

Mr.  BPOOKS  thought  the  Convention  was  competent  to  determine  in 
cases  of  contested  elections. 

Mr.  DALE  stated  that  he  had  had  a  talk  with  one  of  the  Registrars, 
wbo  told  him  that  Mr.  Toney  had  been  elected  by  a  majority  of  eight  votes. 

Mr.  CYPEPT  said  there  was  no  case  before  the  Convention.  'No  per- 
son had  offered  any  credentials ;  and  until  the  person  who  possessed  those 
credentials  should  present  them,  no  claims  of  a  contestant  could  be  con- 
sidered. It  would  be  anomalous  to  recognize  Mr.  Toney's  informal  claims 
by  referring  them  to  the  Committee  on  Elections.  Any  action,  whatever, 
that  the  Convention  might  now  take  upon  the  subject,  would  be  taken 
without  so  much  as  a  shadow  of  authority. 

Mr.  KYLE  said  the  Convention  had  no  authority  outside  of  that  con- 
ferred by  the  Acts  of  Congress.  Although  it  might  be  said  that  the 
members  of  the  Convention  were  the  representatives  of  the  people  acting 
in  their  highest  capacity,  yet  it  was  nevertheless  a  fact  that  the  body  did 
not  exist  under  and  by  virtue  of  the  State  Constitution ;  and  its  assembling 
was  not  sanctioned  by  the  majority  of  the  people  of  the  State  proper.  He 
looked  upon  the  commanding  General  as  the  sole  and  ultimate  authority 

(  69  ) 


1868.] 


DEBATES  AI^D  PEOCEEDINGS  OF  THE 


[Friday, 


Completion  of  Committee  on  Memorials  and  Ordinances. 


to  determine  the  result  of  the  elections.  The  decision  of  the  General 
commanding  could  not  be  questioned.  If  Mr.  Adams  had  for  his  cre- 
dentials the  certificate  of  the  District  Commander,  his  right  to  a  seat  could 
not  be  questioned. 

Mr.  WILSOE"  considered  the  action  of  Maj.  Gen.  Schofield,  in  referring 
contested  cases  of  election  to  the  decision  of  the  Virginia  Convention,  a 
sufficient  precedent  for  the  action  proposed.  The  Convention,  in  his 
opinion,  was  the  proper  judge  of  the  election  and  qualifications  of  its 
members;  and  the  reference  of  the  subject  to  the  Committee  on  Elections 
was  the  proper  course  to  be  pursued. 

Mr.  BRADLEY  thought  it  advisable  to  "make  haste  slowly."  The 
case  of  the  Virginia  Convention  furnished  no  precedent,  since  in  the  pres- 
ent instance  there  was  no  contest  for  the  seat.  'No  claimant  had  as  yet 
presented  any  credentials.  He  advised  that  no  action  should  be  taken  on 
the  matter  until  Mr.  Adams,  who  had  been  advertised,  in  orders  from  Gen. 
Smith,  as  delegate  from  Izard,  should  arrive  and  claim  his  seat. 

Mr.  HICKS  moved  the  indefinite  postponement  of  the  sujpject,  and 
upon  that  motion  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  negative, — Yeas  26, 
Nays  34,  as  follows : 

Yeas  :  Messrs.  Beasley,  Bell,  Bradley,  Cypert,  Duvall,  Exon,  Gantt,  Har- 
rison, Hicks,  Hinkle,  Hodges  of  Crittenden,  Hoge,  Kyle,  Matthews,  Millsaps, 
McCown,  Owen,  Portis,  Priddy,  Puntney,  Eeynolds,  Eounsaville,  Shoppach, 
Van  Hook,  Walker,  and  Wright — 26. 

I^ays  :  Messrs.  Belden,  Brashear,  Brooks,  Coates,  Corbell,  Dale,  Evans,  Gray 
of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hodges  of  Pulaski, 
Houghton,  Hutchinson,  Johnson,  Mallory,  Montgomery,  McClure,  Oliver, 
Poole,  Eector,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  Wilson, 
White,  Williams,  Wyatt,  and  the  President — 34. 

So  the  Convention  refused  to  indefinitely  postpone  the  subject. 

The  question  was  then  taken  upon  the  motion  to  refer  the  communica- 
tion of  Mr.  ToNEY  to  the  Committee  on  Elections ;  and  the  motion  was 
agreed  to, — Ayes  38,  Noes  17. 

COMPLETION  OF  COMMITTEE  ON  MEMORIALS  AND  ORDINANCES. 

The  PHESIDEOT  announced,  as  additional  members  of  the  Committee 
on  Memorials  and  Ordinances,  Messrs.  Rawlings  and  Hollis. 


(  70  ) 


Jan.  10th.]  AEKANSAS  CONSTITUTIONAL  CONVENTION.   [4th  Day. 


*  Committee  on  Penitentiary — Expenses  of  the  Convention. 


APPOINTMENT  OF  COMMITTEE  ON  PENITENTIARY. 

The  PRESIDENT  announced  the  Special  Committee  on  the  Peniten- 
tiary, as  follows : 

Messrs.  McClure,  Sims,  Sarber,  Exon,  and  Scott. 

QUALIFICATION  OF  MR.  HOLLIS. 

Mr.  William  G.  Hollis,  delegate  from  Calhoun  County,  appeared  in  his 
seat  and  presented  credentials;  and  the  prescribed  oath  of  office  was 
administered  to  him  by  the  President. 

committee  on  the  penitentiary — AGAIN. 

Mr.  CYPERT  wished,  with  all  due  deference,  to  call  the  attention  of 
the  President  to  the  fact  that  Mr.  Bradley,  who  moved  the  appointment 
of  the  Special  Committee  on  the  Penitentiary,  had  not  even  been  named 
upon  it.  Parliamentary  usage  required  that  the  author  of  any  measure 
looking  to  the  appointment  of  a  committee,  should  be  made  Chairman  of 
such  committee — certainly  that  he  should  have  a  place  upon  it.  The  fact 
of  a  member  moving  for  the  appointment  of  a  committee  upon  a  special 
subject,  rendered  it  supposable  that  he  possessed  some  special  information 
in  regard  to  the  matter. 

Mr.  BRADLEY  desired  no  distinction  of  the  kind  mentioned ;  he 
would  be  satisfied  with  an  opportunity  to  discuss  the  reports  of  commit- 
tees. 

Mr.  GrANTT  said  that  if  parliamentary  rules  were  to  be  set  aside,  and 
parliamentary  usage  ignored,  for  the  gratification  of  personal  ends,  or 
private  spite,  the  Convention  might  as  well  know  it  first  as  last. 

The  PRESIDENT  declared  the  gentleman  from  Prairie  [Mr.  Gantt] 
to  be  out  of  order.  Under  the  rules,  the  authority  was  given  the  Presiding 
Officer  to  name  the  members  of  committees.  The  Chair  intended  to  ap- 
point those,  gentlemen  whom  the  Chair  deemed  best  qualified,  and  should 
exercise  that  right,  subject  to  responsibility  for  any  errors  of  judgment 
committed. 

expenses  of  the  convention. 

Mr.  McCLPTRE,  from  the  Committee  on  Finance,  Taxation,  Public 
Debt,  and  Expenditures,  reported  the  following  Ordinance,  No.  1,"  which 
was  read  a  first  time : 


(  71  ) 


1868.] 


DEBATES  AISTD  PEOCEEDmGS  OF  THE 


[Friday, 


Expenses  of  Convention.— McCLUKE— HINDS— CYPERT— HODGES.  * 


AN  ORDINANCE  RAISING  REVENUE  FOR  THE  PURPOSE  OF  DEFRAYING 
EXPENSES  OF  CONSTITUTIONAL  CONVENTION. 

Be  it  ordained  hy  the  People  of  the  State  of  Arkansas,  in  Convention  assembled: 
That  there  is  hereby  levied  upon  the  taxable  property  of  said  State,  one-half 
of  one  per  cent.,  for  the  purpose  of  defraying  the  expenses  incurred  under  the 
provisions  of  an  Act  of  Congress  entitled  "  An  Act  to  provide  for  the  more  effi- 
cient government  of  the  Eebel  States,"  passed  March  second,  eighteen  hundred 
and  sixty-seven,  and  acts  of  Congress  supplemental  and  amendatory  thereto. 
And  that  the  officers  now  provided  by  law  for  the  collection  of  taxes,  shall 
collect  and  pay  the  same  into  the  Treasury  of  the  State,  on  or  before  the  first 
day  of  June,  eighteen  hundred  and  sixty-eight. 

And  he  it  further  ordained:  That  the  Auditor  of  said  State  is  hereby  directed 
to  issue  his  warrant  upon  the  Treasurer  of  said  State,  for  such  amounts  as  the 
President  and  Secretary  of  the  Convention  may  certify  to  be  due  to  any  person 
or  persons,  for  expenses  or  services  incurred  under  the  provisions  of  the  afore- 
said act.  Upon  the  receipt  of  the  warrant  aforesaid,  the  Treasurer  will  issue 
his  warrant,  payable  on  the  first  day  of  June,  one  thousand  eight  hundred 
and  sixty-eight,  for  the  amount  that  may  be  due  such  person  or  persons. 

All  collectors  of  taxes  shall  receive  the  warrants  of  the  Treasurer  of  said 
State,  issued  as  aforesaid,  in  payment  of  the  tax  levied  by  the  Ordinance,  or  for 
any  taxes  due  to  said  State. 

That  the  amount  to  be  levied  by  the  provisions  of  this  Ordinance,  shall  be 
placed  upon  the  Tax-Books  for  the  year  eighteen  hundred  and  sixty-seven,  by 
the  officers  now  designated  by  law.  And  it  is  hereby  made  the  duty  of  the 
Auditor  of  State  to  make  the  apportionment  among  the  different  counties  of 
the  State,  in  proportion  to  the  valuation  of  taxable  property  in  said  counties. 

Mr.  HLN'DS  moved  to  refer  the  ordinance  to  the  Committee  on  Memo- 
rials and  Ordinances. 

Mr.  McCLURE  objected  ;  he  said  if  every  ordinance  had  to  go  through 
that  Committee,  the  sitting  of  the  Convention  would  be  a  long  one.  The 
Ordinance  had  been  drawn  under  the  instructions  of  the  Convention. 

Mr.  HIE'DS  withdrew  his  motion,  he  having  supposed  that  the  ordi- 
nance had  been  offered  by  the  gentleman  [Mr.  McClure]  in  his  individual 
capacity. 

Mr.  CYPERT  moved  that  the  ordinance  be  made  the  special  order  of 
the  day  for  Monday  (Jan.  13th)  following,  and  that  one  hundred  copies 
be  printed  for  the  use  of  the  members  of  the  Convention. 

Mr.  HODGrES,  of  Pulaski,  said  the  demand  for  money  was  urgent. 
The  Secretary  had,  on  his  own  responsibility,  supplied  the  desks  of  mem- 
bers ;  and  his  credit,  acting  in  his  official  capacity,  was  about  exhausted. 
The  Ordinance  should  be  considered  at  an  early  day,  as  money  must  be 
forthcoming. 
(  72  ) 


Jan.  10th.]  AEKAXSAS  COXSTITUTIOXAL  COXTEXTIOX.    [4tb  Day. 


Limitation  of  Debate.— CTPEET—MOXTGOMEEY—BEADLET. 


Mr.  BEOOKS  thought  all  could  wait. 

Mr.  McCLUEE  replied  that  a  tax  of  oue  per  cent,  had  been  levied  in 
1866,  and  in  1867  a  tax  of  one-half  per  cent.,  and  that  there  was  now  only 
860,000  in  money  in  the  State  Treasury;  while  §25,000  was  being  paid  out 
quarterly,  to  meet  the  expenses  of  the  State  Government.  8100,000  of 
the  State  funds  had  been  invested  in  10.40  bonds,  which  were  on  deposit 
with  the  Secretary  of  the  Treasury  of  the  Unite'd  States.  ^Vhat  funds 
were  now  in  the  State  Treasury  would  be  paid  out  in  nine  months,  for 
the  expenses  of  the  State.  From  the  Auditor's  books,  he  estimated  the 
entire  taxable  property  of  the  State  at  843,000,000;  and  a  tax  of  one-half 
of  one  per  cent,  would  yield  82^5.000.  He  was  satislied  that  it  was  out 
of  the  power  of  the  Convention  to  take  a  cent  out  of  the  Treasury. 

Mr.  CYPEET  only  asked  time  to  investigate  the  matter  more  thor- 
oughly, and  this  could  not  be  done  before  Monday. 

The  question  was  taken  upon  the  motion  to  print  one  hundred  copies 
of  the  Ordinance  proposed,  and  to  make  the  consideration  of  the  same 
the  special  order  for  Monday  following;  and  the  motion  was  agreed  to. 

Li:\IITATIOX  OF  DEBATE. 

Mr.  HUTCHEN'SOX  moved  the  adoption  of  the  following  additional 
rule  of  order : 

EuLE  XXTIL  Besohed.  That  no  member  be  allowed  to  occupy  the  floor 
more  than  twenty  minutes  at  any  one  time,  except  by  consent  of  two-thirds 
of  the  members  present. 

Mrv  CYPEET  said  he  was  not,  himself,  long-vrinded,  and  did  not  think 
he  would  ever  desire  to  speak  over  twenty  minutes;  but  other  members 
might  probably  require  more  time;  and  subjects  wotild  be  discussed  to 
which  justice  could  not  be  done  within  the  limits  proposed. 

Mr.  MOXTGOMEEY  would  vote  against  the  resokttion.  for  the  reason 
that  he  wanted  some  of  the  members  to  "  blow  off"  early  in  the  session. 

Mr.  BEADEEY  did  not  desire  to  be  put,  as  it  were,  in  a  strait-jacket; 
and  although  he  thought  it  improbable  that  he  would  ever  desire  to  speak 
over  twenty  minutes,  yet  he  did  not  wish,  in  any  case,  to  be  cut  short. 
He  wanted  everything  that  he  and  others  might  introduce,  sifted  thor- 
oughly, and  not  to  have  ordinances  rushed  through  in  packages.  Every 
man  was  making  a  record,  here,  for  himself;  he  and  his  posterity  must 
shoulder  the  responsibility  of  his  acts,  and  he  was  therefore  unwilhng  to 
act  hastily.  He  and  his  could  not  pack  up  and  leave  Arkansas  at  a  mo- 
ment's notice;  they  were  harnessed  to  the  soil.  He  was  not  a  partisan, 
but  was  acting  for  his  constituency  and  the  people  of  Arkansas,  and  he 
would  make  haste  slowly. 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Friday, 


Invitation  to  Governor  and  Sub-District  Commander — Committee  on  Apportionment. 


Mr.  HODGES,  of  Pulaski,  expressed  himself  somewhat  inclined  to 
favor  the  resolution.  He  thought  that  if  members  were  making  sensible 
speeches,  the  Convention  would  not  hesitate  to  lengthen  the  time. 

Mr.  SMITH  moved  that  the  resolution  be  laid,  upon  the  table. 

The  question  was  taken  on  the  motion  to  lay  upon  the  table ;  and  the 
motion  was  agreed  to. 

INVITATION  TO  THE  GOVERNOR  AND  SUB-DISTRICT  COMMANDER. 

Mr.  SMITH  oftered  the  following  resolution  : 

Eesolved :  That  a  committee  of  three  be  appointed  to  wait  upon  Governor 
Murphy  and  General  Smith,  and  invite  them  to  seats  within  the  bar  of  this 
Convention. 

The  question  was  taken;  and  the  resolution  was  adopted. 
The  PRESIDEITT  announced,  as  such  Committee,  Messrs.  Smith, 
Bradley,  and  Coates. 

COMMITTEE  ON  APPORTIONMENT. 

Mr.  SAEBEE  offered  the  following  resolution : 

Resolved:  That  the  President  of  this  Convention  appoint  two  additional 
members  on  the  Committee  on  Apportionment. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

ADJOURNMENT. 

Mr.  BROOKS  moved  that  the  Convention  adjourn. 

The  question  was  taken ;  and,  a  division  being  called  for,  the  number  of 
members  voting  in  favor  of  and  against  the  motion  being  equal,  the 
President  cast  his  vote  in  the  negative;  so  the  motion  to  adjourn  was  not 
agreed  to. 

The  order  of  business,  under  the  rules,  having  then  been  proceeded 
with,  and  no  further  business  being  before  the  Convention, 

Mr.  GAOTT  moved  that  the  Convention  adjourn. 

The  question  was  taken;  and  the  motion  was  agreed  to; 

And  thereupon,  at  12.45,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Saturday,  January  11th. 


(  H  ) 


Jan.  10th.]  AEKANSAS  CONSTITUTIO^^AL  CONYE^^TION.    [4th  Day. 


Assets  in  State  Treasury — Investment  of  State  Funds  in  U.  S.  Bonds. 


FIFTH  DAY. 

Saturday,  January  11th,  1868. 

Convention  met  at  10,  a.m. 

In  the  continued  absence  of  the  Chaplain,  and  on  invitation  of  the 
President,  prayer  was  offered  by  Mr.  Robert  Hatfield,  member  from 
Franklin. 

The  roll  was  called ;  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

The  Journal  of  the  preceding  day  was  read  and  approved. 

JNVITATION  TO  THE  GOVERNOR  AND  SUB-DISTRICT  COMMANDER — AGAIN. 

Mr.  BEADLEY,  from  the  Special  Committee  appointed  to  wait  upon 
his  Excellency  Governor  Murphy,  and  upon  Brig.  Gen.  Smith,  Com- 
manding the  Sub-District  of  Arkansas,  to  invite  them  to  seats  within 
the  bar  of  the  Convention,  reported  that  the  Committee  had  performed 
that  duty,  and  that  his  Excellency  the  Governor,  and  Gen.  Smith,  had 
signified  their  acceptance  of  the  invitation.  ^ 

ASSETS  IN  THE  STATE  TREASURY. 

I 

Mr.  POOLE  offered  the  following  resolution : 

Mesolved:  That  Henry  Page,  State  Treasurer  and  disbursing  officer  of  the 
State  of  Arkansas,  be  directed  to  report  to  this  honorable  body,  at  his  earliest 
convenience,  an  accurate  account  of  the  assets  of  the  State  under  his  control. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

INVESTMENT  OF  STATE  FUNDS  IN  U.  S.  BONDS. 

Mr.  CYPERT  offered  the  following  resolution  : 

Resolved:  That  the  Custodian  of  the  State  Treasury  be  requested  to  furnish 
this  Convention  with  all  the  information  he  has  in  relation  to  the  investing  of 
the  $100,000  of  State  funds  in  United  States  bonds;  under  what  authority  it 
was  done;  and  by  what  agency  it  was  effected. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

(  75  ) 


1868.] 


DEBATES  AKD  PEOCEBDmGS  OF  THE 


[Saturday, 


Addition  to  Committee  on  Judiciary — Arrangement  of  Committee  Kooms. 


ADDITION  TO  COMMITTEE  ON  THE  JUDICIARY. 

Mr.  KYLE  moved  that  the  names  of  Messrs.  Hodges,  of  Crittenden, 
and  Gantt,  be  added  to  the  Committee  on  the  Judiciary. 

The  PRESIDENT  stated  that  it  would  be  necessary  to  suspend  the 
rules,  in  order  to  bring  the  question  before  the  Convention,  the  Comraittee 
having  been  appointed  under  a  resolution  limiting  its  number  to  seven. 

He  would  add,  that  the  Chair  was  well  satisfied  with  the  composition  of 
the  Committee,  as  it  stood ;  and  had  no  explanations  to  offer  in  regard  to 
the  selections  which  it  had  been  thought  fit  to  make.  In  the  judgment 
of  the  Chair,  the  Committee  on  the  Judiciary,  as  already  constituted, 
comprised  the  best  legal  talent  of  the  body. 

Mr.  KYLE  moved  that  the  rules  be  suspended. 

The  question  was  taken ;  and,  a  division  being  called  for,  the  Convention 
refused  to  suspend  the  rules — Ayes  20,  Noes  31. 

arrangement  of  committee  rooms. 
Mr.  SNYDEE  offered  the  following  resolution  : 

Resolved:  That  the  Doorkeeper  be  directed  to  see  that  the  committee-rooms 
are  ready  for  the  accommodation  of  the  several  committees  of  this  Convention. 

*  '  • . 

The  question  was  take^i ;  and  the  resolution  was  adopted. 
Mr.  SMITH  moved  that  the  Convention  adjourn. 
The  question  was  taken  ;  and  the  motion  was  agreed  to ; 
And  thereupon,  at  11,  a.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Monday,  January  13th. 


(  V6  ) 


Jan.  11th.]  AEKA^s^SAS  COlSTSTITUTIO^s^AL  CONYE^^TIOX.   [5th  Day. 


Expenses  of  Convention.— CYPEKT. 


SIXTH  DAY. 

'  Monday,  January  13z'/i,  1868. 

Convention  met  at  10,  a.  m.  ^ 

In  the  continued  absence  of  the  Chaplain,  and  on  invitation  of  the 

President,  xirayer  was  offered  by  Eev.  J.  T.  White,  member  from 

Phillips. 

The  roll  was  called :  and  a  quorum  of  the  members  of  tlie  Convention 
answered  to  their  names. 

The  Journal  of  Saturday  was  read  and  approved. 

EXPENSES  OF  THE  CONVENTION — RESUMED. 

The  PEESIDEXT  announced,  as  the  special  order  of  the  day,  the  con- 
sideration of  the  Ordinance,  reported  from  tlie  Committee  on  Finance, 
Taxation,  Public  Debt,  and  Expenditures,  entitled  "  An  Ordinance  raising 
Eevenue  for  the  purpose  of  Defraying  Expenses  of  Constitutional  Con- 
vention.'^ 

Mr.  CYPEET  offered,  as  a  substitute  for  the  Ordinance  reported  from 
the  Committee,  the  following  Ordinance  Xo.  2 '"'],  which  was  read  a  first 
time : 

AN  ORDINANCE    TO    PROVIDE  fOR  THE  PAYMENT    OF    THE  EXPENSES  OF  THIS 

CONVENTION. 

Be  it  ordained  by  the  feojple  of  the  State  of  Arkansas  in  Convention  assembled,  in 
accordance  with  the  provisions  of  an  Act  of  Congress  of  the  United  States  to  provide 
for  the  more  efficient  governrnent  of  the  Bebel  States,  &c.,  passed  March  2d,  1867 : 
That  there  is  hereby  levied  a  poll  tax  of  one  dollar  upon  each  registered 
voter  in  this  State  who  has  been,  or  may  hereafter  be,  registered  under  the  pro- 
visions of  the  several  Acts  of  Congress  under  which  this  Convention  was  called : 
and  the  Collectors  of  the  public  revenue  of  the  several  counties  of  this  State 
shall  be  immediately  furnished  with  a  full  and  perfect  list  of  said  registered 
voters  in  their  several  counties,  by  the  President  of  the  Board  of  Registration 
for  said  countyj  and  as  soon  as  said  Collectors  shall  receive  said  list,  they  shall 
proceed  immediately  to  collect  said  tax,  in  the  manner  now  prescribed  by  law 
for  the  collection  of  the  revenue  in  this  State. 

• 

Sec.  2.  Be  it  further  ordained:  Said  poll  tax  shall  be  collected  and  paid  into 
the  Treasury  of  the  State  on  or  by  the  first  day  of  June,  A.  D.  1868. 

Sec.  3.  Be  it  further  enacted:  That  the  Auditor  shall  issue  his  warrant  upon 
the  Treasury  for  any  and  all  expenses  of  this  Convention  properly  certified  to 
him,  specifying  that  it  is  for  expenditures  of  this  Convention;  and  that  the 
Treasurer  shall  thereupon  issue  to  the  holder  of  said  warrant  a  Treasury  note, 
payable  on  the  1st  day  of  June,  1868,  out  of  the  funds  hereby  raised  for  the 
purpose  of  defraying  the  expenses  of  this  Convention. 

(  T7  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


Election  of  Officers  by  the  Legislature — Kebuilding  of  Levees — Expenses  of  Convention, 


Sec.  4.  Be  it  further  ordained :  That  the  Treasurer  shall  receive  from  said 
Collectors,  as  money,  any  of  the  aforesaid  Treasury  notes,  in  discharge  of  any 
funds  due  from  them,  raised  by  virtue  of  this  Ordinance. 

Sec.  5.  Be  it  further  ordained:  That  the  Auditor  shall  not  be  required  to  is^ue 
his  warrant  for  any  claims  for  expenses  of  this  Convention,  other  than  the  per 
diem  of  members  and  officers,  unless  the  same  has  been  audited  and  ordered 
to  be  paid  by  this  Convention. 

Sec.  6.  Be  it  further  ordained:  That  the  several  Collectors  of  this  State  shall 
be  liable,  upon  their  official  bonds,  for  any  defalcations  or  malfeasance  in  office 
in  the  performance  of  the  duties  herein  prescribed,  the  same  as  now  prescribed 
by  law  for  other  official  duties. 

Mr.  McCLURE  moved  that  the  substitute  offered,  together  with  the 
original  Ordinance  reported  from  the  Committee,  be  made  the  special 
order  of  the  day  for  Monday,  January  20th;  and,  further,  that  one  hun- 
dred copies  of  the  proposed  substitute  be  printed. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

ELECTION  OF  OFFICERS  BY  THE  LEGISLATURE. 

Mr.  KYLE  offered  the  following  resolution : 

Besolved:  That  the  three  principal  departments  of  government  of  the  State 
of  Arkansas  be  referred  to  the  appropriate  Committees,  the  Legislative,  Execu- 
tive, and  Judicial,  with  instructions  to  the  Judicial  Committee  to  inquire  into 
the  expediency  of  electing  by  the  Legislature,  the  following  officers,  to  wit: 
Supreme  and  Circuit  Court  Judges,  Chancellors  (provided  a  separate  Chancery 
Court  system  is  adopted).  Attorney  General  for  the  State,  Prosecuting  Attorney 
for  the  respective  Judicial  Districts,  Secretary  of  State,  Auditor,  and  Treasurer. 

The  question  was  taken;  and  the  resolution  was  adopted. 

REBUILDING  OP  LEVEES. 

Mr.  HIKDS  offered  the  following  resolution  : 

Besolved :  That  a  Committee  of  three  be  appointed  by  the  Chair,  to  draft  a 
memorial  to  Congress,  setting  forth  the  necessity  for  i^ational  aid  in  rebuilding 
the  levees  along  the  overflowed  districts  of  the  State. 

Mr.  BROOKS  moved  that  the  resolution  be  referred  to  the  Committee 
on  Memorials  and  Ordinances. 

The  question  was  taken ;  and  the  motion  was  so  agreed  to. 
(  78  ) 


Jan.  ISth.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.   [6tli  Day. 


Assets  in  State  Treasury. 


EXPENSES  OF  THE  COXVEXTION — AGAIX. 


Mr.  BROOKS  offered  the  following  resolution: 

Besolved :  That  the  Committee  on  ^Memorials  and  Ordinances  be  and  are 
hereby  instructed  to  incjuire  into  the  propriety  of  jn^oviding  for  the  payment 
of  the  expenses  of  this  Convention,  out  of  funds  now  in  the  State  Treasury,  and 
of  memorializing  the  Commander  of  this  District  for  his  approval ;  and  report 
by  ordinance  or  otherwise. 

The  question  was  taken;  and  the  resolution  was  adopted. 


The  SECEETAEY  read  the  following  communication  -  from  Henry 
Pag-e.  State  Treasurer,  in  answer  to  the  resolution  calling  for  informa- 
tion in  regard  to  the  present  assets  of  the  State  in  the  State  Treasury  : 


The  Hon.  Fresident  and  Members  of  the  Constitutional  Convention  assembled: 

]\Iessrs:  In  compliance  with  resolution  adopted  by  yonr  honorable  body  on 
the  11th.  calling  for  an  accurate  report  of  the  assets  of  the  State  under  my 
control, 

I  have  the  honor  to  forward  enclosed  report,  showing  amount  of  assets  of 
the  State,  for  which  I  am  accountable. 

I  enclose  true  copy  of  Protested  Certificate  of  S^^ecial  Deposit  of  Barnes  and 
Brother,  of  Little  Eock.  showing  the  sum  of  two  thousand  dollars  due  and 
remaining  unpaid  on  original  certificate  of  (825,000)  twenty-five  thousand, 
dated  July  14th,  1866,  drawn  in  favor  of  E.  D,  Aters,  State  Treasurer  State 
Funds;  which  certificate  was  transferred  to  me  by  my  predecessor;  on  the  re- 
ceipt of  which  I  reported  the  facts  in  the  case  to  the  General  Commanding, 
and  placed  said  certificate  in  the  hands  of  John  Whytock.  U.  S.  District  At- 
torney, with  instructions  to  take  such  steps  for  its  collection  as  he  deemed 
most  advantageous  to  the  State;  which  he  caused  to  be  duly  protested  and  re- 
turned to  this  ofiice  for  safe  keeping. 


ASSETS  IN  state  TREASURY — AGAIN. 


Treasuet  of  the  State  or  Areaxsas, 

Little  Eock,  Jan'y  13,  1868. 


Very  Ees23ectfully. 


Your  Ob't  Servant, 


Henry  Page, 

Treasurer. 


* 


(  T9  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Monday, 


Investment  of  State  Funds  in  U.  S.  Bonds. 


STATEMENT  OF  FUNDS  ON  HAND  IN  STATE  TREASURY  OF  ARKANSAS. 


JANUARY  13,  1868. 

1868. 

January  13th,  Cas"h  on  hand  due  County  Clerks, 
"       Saline  Fund,  . 
"       L.  E.  Swamp  Land  Fund, 
"       Batesville     "  "  . 

"       Internal  Improvement  Fund, 
"       Gen'l  Swamp  Land  <' 
"  Counties, 

Gen'l  Kevenue  TJ.  S.  C, 
Certificate  of  Deposit  of  Barnes  &  Brother,  protested  May 
14th,  1867,  received  as  cash,  .... 


10-40  U.  S.  Bonds,  deposited  with  F.  E.  Spinner, 
I  certify  that  the  above  statement  is  correct. 


SEAL  OF  THE 
TREASUBEB 
OP  STATE. 
ARKANSAS. 


$143 
46  14 
71  41 
17  33 
324  06 
46  14 
1849  40 
62,726  29 

2,000  00 

$67,223  77 
99,997  50 

$167,221  27 

Henry  Page, 

Treasurer. 


Accompanying  the  above  communication,  was  a  certified  copy  of  the 
protested  certificate  therein  mentioned. 


Mr.  CYPEE.T  moved  that  the  communication  be  referred  to  the  Com- 
mittee on  Finance,  Taxation,  Public  Debt,  and  Expenditures. 

The  question  was  taken ;  and  the  communication  was  so  referred. 


INVESTMENT  OF  STATE  FUNDS  IN  U.  S.  BONDS — AGAIN. 

The  SECRETx\RY  then  read  the  following  communication  from  the 
State  Treasurer,  in  reply  to  the  resolution  calling  for  information  in  regard 
to  the  investment  of  one  hundred  thousand  dollars  of  State  funds  in 
United  States  bonds : 

Treasury  of  the  State  of  Arkansas, 
;  Little  Kock,  Jan'y  13th,  1868. 

The  Hon.  President  and  Members  of  the  Constitutional  Convention  assembled: 

Messrs.  :  In  compliance  with  Eesolution  adopted  by  your  honorable  body  the 
11th  inst.,  requesting  that  the  Custodian  of  the  Treasury  furnish  the  Conven- 
tion all  the  information  which  he  has  regarding  the  investing  of  one  hundred 
(  80  ) 


Jan.  13th.]  AEKAXSAS  COX-STITrTIOyAL  COXVEXTIOX,    [oili  Day. 
Irvestriien:  ci  5:ate  F— ds  :n  V.  S.  Bind;. 


thousand  dollar?.  .State  Punds.  in  U.  S.  Eonds.  and  under  what  authority  it  \rs5 
done,  and  through  what  agency  it  was  effected. 

I  have  the  honor  to  report  that  said  investment  was  made  in  ohedience  to 
positive  order  of  Brevt.  Maj.  General  Z.  0.  C.  Orl.  Comdg,  Fourth  Aliii- 
tary  F):strict.  copy  of  which  is  herewith  enclosed,  marked  ZSo.  1.  directing 
that  8200. 000"'  two  hundred  thousand  dollars  be  invested  in  T.  S.  Bonds. 
Aly  letter  marked  Xo.  2  urging  that  not  more  than  one-half  the  above  amount 
be  invested,  giving  reasons.  Letter  marked  l^vo.  3.  General  Ord's  reply,  or- 
dering that  one  hundred  thousand  dollars  instead  of  two  hundred  thousand, 
as  originally  ordered,  be  invested  ;  which  order  was  obeyed  without  unneces- 
saiy  delay. 

Said  bonds  were  purchased  from  F.  E.  Spinner.  Treasurer  of  the  United 
States,  direct  by  rnyselt  and  not  through  any  agency  or  banking  house,  and 
are  now  deposited  for  safe  keeping  in  the  Treasury  of  the  ITnited  States,  sub- 
ject to  rny  order  countersigned  by  Commanding  General  Fourth  3Iilitary  Dis- 
trict, until  such  time  as  this  State  shall  be  recognized  by  Congress,  after  which 
time  payable  to  the  Treasurer  of  the  State  of  Arkansas.  Enclosed  please  find 
copies  of  correspondence  between  Hon.  F.  E.  Spixxer.  Treasurer  of  the  IT.  S.. 
Hon.  Hu'tH  AIcCtLLOUGH.  Secy  of  U.  S.  Treasury,  and  myself  as  Treasurer 
of  the  State  of  Arkansas,  regarding  purchase  of  said  bonds. 

Very  respectfully. 
'  '  ^  Your  obt.  servt.. 

r  SEAL  OF  THE  1  TTt-VP^    P  .  - 

1     0^  5TATE.     f  .  Trea5-arer. 


TeMPOEA-ET  HeaDQUASTEES  ForETH  ^IlLITAEY  DiSTEICT, 

Little  Eock.  Aek.,  Mav  21;:.  1S67. 

Byt.  Col,  Hevrt  Page. 

A.  Q.  AI.  ar.d  Acting  State  Treas'irer. 

Sir:  Please  telegraph  to  Air,  Spixxer.  U.  S.  Treasurer,  that  yoti  have  fvo 
hundred  thousand  dollars  Arkansas  State  funds,  which  you  are  directed  by 
me  to  invest  for  security  in  T.  S.  Bonds.  Ask  the  mode  of  doing  so.  and  make 
the  investment  with  as  little  delay  as  practicable  ;  deposit  these  securities  in 
the  17.  S.  Treasury,  taking  certihcates  of  deposit  ;  and  inform  me  when  the 
business  is  completed.  Ask  General  Spixxer  what  bonds  yield  the  best  interest 
now.  and  act  accordingly.  -  '  - 

'      E.  0.  C.  Ord. 
Bvt.  Major  and  Brigadier  General,  U.  S.  A., 
Comman'dins;'. 

True  copy. 

Henry  Page. 

Treasurer. 


6 


(  81  ) 


1868.] 


DEBATES  AI^D  PEOCEEDmGS  OF  THE 


[Mondajj 


Investment  of  State  Funds  in  U.  S.  Bonds. 


Headquarters  Fourth  Military  District, 
(Mississippi  and  Arkansas) 
YiCKSBURG,  Miss.,  June  10th,  1867. 

Brevt.  Col.  Henry  Page, 

Captain  and  A.  Q.  M.,  U.  S.  V.,  Acting  Treasurer  of  Arkansas. 

Colonel:  If  you  have  not  invested  the  |200,000,  Arkansas  funds,  in  U.  S. 
Bonds,  please  do  so  with  as  little  delay  as  practicable.  The  5-20 — which  bear  6 
per  cent,  interest  in  gold,  and  are  reported  above  par  from  7  to  9  per  centum — 
will  be  as  good  as  any  to  invest  in. 

Make  them  payable  to  the  Acting  Treasurer  of  the  State  of  Arkansas'' — coun- 
tersigned by  the  General  Commanding  the  4th  Military  District,  until  the  establish- 
ment of  permanent  civil  Government  recognized  by  Congress ;  after  which,  payable  to 
the  Treasurer  of  the  State. 

Please  notify  me  of  the  execution  of  the  directions  contained  in  this  letter, 
as  soon  as  obeyed. 

The  bonds  will  be  deposited  as  I  directed,  in  the  Treasury  Department  at 
Washington,  and  you  will  take  certificates  of  deposit. 

I  am,  respectfully, 

E.  O.  C.  Ord, 

Bvt.  Maj.  Genl.  Comdg. 

True  copy. 

Henry  Page, 

Treasurer. 


Treasury  of  the  State  of  Arkansas, 

Little  Kock,  June  8,  1867. 

Major  O.  D.  Greene, 

A.  A.  G.    4th  Military  District,  Vicksburg. 

Major  :  I  have  the  honor  to  forward  enclosed  copies  of  letter  and  telegrams 
with  regard  to  investing  the  surplus  funds  of  the  State  in  U.  S.  Securities. 
'No  reply  to  the  letter  has  as  yet  been  received. 

I  also  enclose  estimate  of  expenses  of  the  Provisional  State,  for  the  ensuing 
year. 

One  hundred  thousand  dollars  is  as  much  as  in  my  opinion  it  will  be  expedi- 
ent to  invest. 

I  have  the  honor  to  inform  the  General  Commanding,  that  steps  are  being 
taken  at  present  by  a  Mr.  O.  F.  Wilson  to  garnishee  about  one  hundred  and 
twenty-seven  thousand  dollars  in  favor  of  the  United  States,  that  being  about 
the  amount  (principal  and  interest)  which  was  in  the  hands  of  U.  S.  Officers  in 
this  State  in  the  year  1861,  and  which  was  taken  possession  of  by  the  so-called 
Confederate  Government,  and  used  for  the  purpose  of  buying  arms,  &c.,  to 
prosecute  the  rebellion. 
(  82  ) 


Jan.  ISth.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.    [6th  Day. 


Investment  of  State  Funds  in  IT.  S.  Bonds. 


As  soon  as  Genl.  Spixxzr's  answer  is  received,  and  this  letter  has  had  suffi- 
cient time  to  reach  the  General  Commanding.  I  propose  to  carry  out  the  in- 
structions contained  in  his  letter,  left  with  me  by  the  Genl.  Commanding  at 
the  time  he  left  here.  May  21st. 

Should  anything  different  he  desired,  please  telegraph  me  on  receipt  of  this. 
'  ^  Your  obt.  serv't. 

r    SEAL  OF  THE    ^  1^ 

j      TKEASEREB      1  .  HeNRY  PAGE, 

]     OF  STATE.     f  Brevt.  Col..  A.  Q.  &c., 

[      ARKANSAS.      J  ■  ' 

 ,  Treasurer. 


True  copy. 

Henry  Page. 

Treasurer. 


The  TTesterx  Uxiox  Telegraph  Compaxy, 

Dated  Vicksburg.  Miss..  2l5t,  1867. 
Eeceived  at  L.  Rock  June  21. 

To  CoL.  Henry  Page. 

A.  Q.  Ai. 

Your  letter  and  telegram  received.  Invest  a  hundred  thousand  (8100.000) 
dollars  in  5  per  centum  bonds,  interest  payable  in  gold,  made  payable  as  in  my 
letter  of  the  tenth  (10)  inst.    Acknowledge  receipt. 

E.  0.  C.  Ord, 

Brig.  Genl.  Comdg.  ■ 

212    561  paid. 
True  copy. 

Henry  Page. 

Treasurer. 


Treastrt  oe  the  State  oe  Arkansas, 

Little  Eock,  May,  1867. 

Hon.  Hugh  McCrLLOuGH, 

Sec"y  of  the  Treasury,  Washixgtox.  D.  C. 

Sir  :  I  am  directed  to  invest  (8200,000)  two  hundred  thousand  dollars  in 
United  States  Bonds. 

Can  I  purchase  them  from  the  United  States  direct  ? 

Henry  Page, 
Brevt.  Col.  A.  Q.  M. 

Copy  of  Telegram. 
Henry  Page, 

Treasurer. 


(  83  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


Investment  of  State  Funds  in  U.  S.  Bonds. 


The  Western  Union  Telegraph  Company. 

Dated  Washington,  25th,  1867. 
Keceived  at  L.Kock,  May  26th. 

To  Henry  Page, 

Bvt.  Col.  A.  Q.  M. 

Bonds  can  be  purchased  of  the  Government  at  the  prices  they  sell  at  in  New 
York. 

H.  McCuLLOUGH. 

15  L.  E.  585,  Collect. 
True  copy. 

-  Henry  Page, 

Treasurer. 


Treasury  of  the  State  of  Arkansas, 

Little  Kock,  June  24,  1867. 

Hon.  F.  E.  Spinner, 

Treasurer  U.  S.,  Washington,  D.  C. 

Sir  :  I  have  the  honor  to  forward  enclosed  Certificate  of  Deposit  in  U.  S. 
Depository  (viz.,  Merchants'  E'ational  Bank  of  Little  Eock,  Arkansas),  for  the 
sum  of  1100,000. 

Please  deposit  in  the  TJ.  S.  Treasury  a  corresponding  amount  of  Five  per 
cent.  Gold-bearing  Bonds,  payable  to  Henry  Page,  Bt.  Col.  A.  Q.  M.  &  Acting 
Treasurer  of  the  State  of  Arkansas — countersigned  by  the  General  Command- 
ing the  4th  Military  District,  until  the  establishment  of  permanent  civil  gov- 
ernment recognized  by  Congress ;  after  which,  payable  to  the  Treasurer  of 
the  State  of  Arkansas. 

Please  send  me  certificate  of  deposit. 

This  investment  is  made  in  obedience  to  instructions  received  from  Bt.  Maj. 
E.  O.  C.  Ord,  Com'dg  4th  Military  District. 

Very  respectfully, 

Your  obedient  servant, 

Henry  Page, 
Bt.  Col.  A.  Q.  M.  and 
Treasurer. 

True  copy. 

Henry  Page, 

Treasurer. 


(  84  ) 


Jan.  13th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.    [6th  Day. 


Investment  of  State  Funds  in  U.  S.  Bonds. 


The  TVesteex  Uxiox  Telegraph  Compaxt. 

Dated  AYashixgtox,  D.  C,  14th,  1867. 
Eeceived  at  Little  Eock,  Sept.  14. 

To  Col.  Hexrt  Page, 

Treas'r : 

Invested,  and  statement  by  mail  to  you  on  ninth  (9th)  inst. 

F.  E.  Spixner. 

10  L.  K.  3.75,  collect. 

True  copy. 

Henry  Page, 

Treasurer. 


Treasury  of  the  Exited  States, 

TVashixgtox-,  September  Qth.  1867. 

Sir  :  Tour  letter  of  the  2d  instant  has  been  received. 

The  money  you  speak  of  was  received,  the  one-half  here,  and  the  other  at 
Xew  York.  Both  parcels  came  without  a  word  of  explanation  by  letter  or 
otherwise.  But  as  no  one  claimed  it,  I  took  it  for  granted  that  the  two  remit- 
tances of  850,000  each,  constituted  the  SIOO.OOO  that  you  had  written  me  to 
invest  in  U.  S.  5  per  cent.  10-40s,  atid  hold  in  trust  for  you.  I  accordingly  sent 
]\Ir.  Tan  Byck.  the  Asst.  Treasurer  at  Xew  York,  the  amount  that  came  to  me. 
to  place  with  that  received  by  him,  and  then^to  purchase  as  much  of  the  stock 
named  as  could  be  had  for  the  money.  The  result  was.  he  bought  8100.500. 
He  rendered  me  an  account  as  follows  :  8100.500  of  10-40  5  per  cent.  Bonds  at 
99*— 99,997.50. 

Have  credited  your  trojisfer  account^  82.50. 
8100,000. 

The  two  dollars  and  fifty  cents  is  herewith  enclosed  you.  The  stocks  that 
he  sent  here  were  in  all  sorts  of  amounts,  and  standing  in  the  names  of  various 
persons.  I  had  them  transferred  to  me  in  trust  for  you,  and  now  so  hold  as 
follows  :  Bonds  10,283.  10,284,  10,285,  10,286,  10,287,  10,288,  10,289,  10,290, 
10,291,  and  10,292,  of  81000.  each,  is  8100,000,  and  Bond  3262,  of  8500,  making 
in  all  8100,500  in  10-40  5  per  cent.,  under  Act  of  :\Iarch  3d,  1864.  Interest 
payable  July  1  and  January  1st,  at  this  oflSce,  in  gold. 

Tery  respectfully  yours, 

F.  E.  Spixner, 

Treas.  U.  S. 

CoL.  Hexry  Page,  Treasurer  Arkansas. 

Little  Eock,  Arks. 
Copy.  » 
Hexry  Page. 

Treasurer. 


(  85  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


Investment  of  State  Funds  in  U.  S.  Bonds. 


Treasury  or  the  United  States, 

Washington,  Sept.  23,  1867. 

Colonel  :  Your  letter  of  the  17th  instant  has  been  received.  You  state  that 
I  had  informed  you  in  my  letter  of  the  9th  instant  that  I  had  invested  in  IT. 
S.  10-40  Bonds,  and  enclosed  ^2.50. 

My  letter  of  the  9th  instant  stated  the  amount  invested  as  1100,500,  and  it 
was  intended  as  a  certificate  of  that  fact. 

As  the  money  is  invested  in  stocks,  and  held  in  trust  for  you,  and  is  not  as 
money  in  the  Treasury,  no  certificate  can  be  issued.  You  can  readily  see  that 
you  should  not  have  the  evidence  that  you  have  deposited  $100,000  in  money 
in  the  Treasury  and  at  the  same  time  hold  Government  Bonds,  that  were 
bought  with  this  very  money, 

Yery  respectfully  yours, 

F.  E.  Spinner, 

Treas.  U.  S. 

Copy. 

Henry  Page, 

Treasurer. 


Treasui^y  of  the  State  of  Arkansas, 

Little  Eock,  September  2d,  1867. 

Hon.  F.  E.  Spinner,  Treasurer, 

Washington,  D.  C. 

Having  forwarded  to  your  address  on  24th  of  June  the  sum  of  $100,000 
to  be  invested  in  TJ.  S.  Securities,  in  accordance  with  instructions  from  Bvt. 
Maj.  G-enl.  E.  O.  C.  Ord,  commanding  4th  Military  District,  with  the  request 
that  said  U.  S.  Bonds  might  be  deposited  in  the  Treasury  of  the  U.  S.,  and 
that  a. certificate  of  deposit  for  the  same  might  be  forwarded  to  my  address. 

Such  certificate  having  not  yet  come  to  hand,  I  have  the  honor  to  request 
that  it  may  be  forwarded  as  required,  without  unnecessary  delay. 
I  have  the  honor  to  remain. 

Very  respectfully. 

Your  obedient  servant, 

Henry  Page, 

Treasurer. 


Treasury  of  the  United  States, 

Washington,  June  10th,  1867. 

Colonel  :  Your  letter  of  the  28th  ultimo  is  this  day  received. 
All  the  six  per  cent,  stocks  of  the  United  States  are  now  at  j^remiums  of  from 
about  six  to  twelve  per  cent. 
(  86  ) 


Jan.  lath.]  AEKANSAS  CO^sTSTITUTIOXAL  COjS'YEXTIO]^.   [6th  Day. 


Committee  on  Federal  Eelations — Adjournment. 


The  five  per  cent,  stock  is  now  a  trifle  below  par,  say  99-2-  per  cent.  This 
last  would  therefore  be  the  most  eligible,  under  the  circumstances,  for  you. 

I  think  you  had  better  procure  the  draft  of  the  bank  you  mention,  on  their 
correspondent  in  'New  York,  which  if  you  endorse  it  over  to  me,  I  will,  when 
it  is  collected,  invest  for  you,  and  in  your  official  name,  in  such  United  States 
Stocks.  When  so  invested  I  will  hold  them  as  a  special  deposit,  subject  to  your 
order,  or  forward  them  to  you,  as  you  may  elect. 

Very  respectfully  yours, 

F.  E.  Spinner, 

Treas.  U.  S. 

CoL.  Henry  Page, 

Treasurer  of  the  State  of  Arkansas, 
Little  Eock,  Arks. 


Mr.  CYPERT  moved  that  the  com\mumcation  be  referred  to  a  standing 
committee,  to  be  appointed,  and  to  be  known  as  the  Committee  on  Federal 
Relations. 

Mr.  HINDS  moved,  as  a  substitute,  to  refer  the  Report  and  accompany- 
ing documents  to  the  Committee  on  Finance,  Taxation,  Public  Debt,  and 
Expenditures. 

Mr.  CYPERT  argued  that  the  motion  of  Mr.  Hinds  could  not  be  con- 
sidered as  a  substitute  for  his  own. 

The  PRESIDEis'T  ruled  that  the  substitute  was  in  order,  as  it  disposed 
of  a  question  before  the  Convention. 

Mr.  CYPERT  then  moved,  as  an  amendment  to  the  substitute,  that  the 
consideration  of  the  subject  be  postponed  to  Wednesday,  January  15th. 

The  question  was  taken;  and,  a  division  being  called  for,  the  amend- 
ment was  rejected, — Ayes  17,  E"oes  30. 

The  question  was  then  taken  on  the  substitute,  to  refer  the  Report  to 
the  Committee  on  Finance,  etc. ;  and  the  substitute  was  adopted. 

COMMITTEE  ON  FEDERAL  RELATIONS. 

Mr.  CYPERT  moved  the  appointment  of  a  standing  Committee  on 
Federal  Relations. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

ADJOURNMENT. 

Mr.  MO^TTGOMERY  moved  that  the  Convention  adjourn. 
The  question  was  taken ;  and  the  motion  was  not  agreed  to. 


(  87  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


Adoption  of  the  Constitution  of  1864.— HINDS— CYPEKT. 


ADOPTION  OF  THE  CONSTITUTION  OF  1864. 

Mr.  CYPERT  offered  the  following  Ordinance,  which  was  read  a  first 
time : 

AN  ORDINANCE  ADOPTING  ,  A  CONSTITUTION. 
Whereas,  during  the  late  Eebellion,  at  a  time  when  there  was  no  organized 
government  in  the  State  of  Arkansas  in  harmony  with  that  of  the  United 
States,  Abraham  Lincoln,  President  of  the  United  States,  issued  his  procUima- 
tion,  of  date  December  8th,  1863,  for  the  formation  of  civil  government  in  the 
insurgent  States,  on  a  basis  which  should  accord  with  the  allegiance  due  to  the 
Government  of  the  United  States. 

And  whereas,  under  said  proclamation,  the  present  Constitution  was  founded 
by  loyal  representatives  of  the  people,  and  the  same  has  proved  to  be  gen- 
erally acceptable  to  the  people,  was  approved  by  President  Lincoln,  and  has 
since  been  recognized  by  every  department  of  the  General  Government. 

And  whereas,  the  same  is  republican  in  form,  and  no  material  change  in  the 
same  is  demanded  at  this  time  by  the  people  whom  we  represent. 

Therefore  he  it  ordained  by  the  Convention  of  the  State  of  Arkayisas,  called  in 
'pursuance  of  an  Act  of  Congress,  entitled  ^^An  Act  for  the  more  efficient  government 
of  the  Bebel  States,"  passed  March  2d,  1867  :  That  we  do  hereby  cheerfully 
adopt,  as  the  Constitution  of  the  State  of  Arkansas,  in  all  respects  the  same 
now  in  force,  being  that  adopted  on  the  18th  day  of  March,  1864;  and  that 
the  same  shall  be  submitted  to  the  people  for  their  ratification. 

Mr.  HINDS  moved  that  the  Ordinance  be  referred  to  the  Special  Com- 
mittee on  the  Penitentiary. 

Mr.  CYPERT  said  this  was  an  attempt  to  ridicule  a  serious  matter. 
He  had  offered  the  Ordinance  in  good  faith,  and  thought  it  a  poor  subject 
for  an  attempt  at  wit.  He  believed  that  the  course  he  proposed  would 
bring  happiness  and  prosperity  to  the  people.  The  Constitution  of  this 
State  had  been  agreed  to  by  all  the  people;  and  under  it  the  State  was  on 
the  highway  to  prosperity,  when  a  department  of  the  Grovernment  had 
passed  an  act,  the  preamble  of  which,  setting  forth  that  these  States  were 
in  rebellion,  was  a  ridiculous  falsehood.  The  Government  of  the  State  of 
Arkansas  had  been  pronounced  republican  by  Abraham  Lincoln,  the 
"sainted  martyr^"  it  had  been  framed  by  honest,  lo^^al  men;  and  now 
the  attempt  was  made,  by  men  who  have  no  interest  in  the  State  of 
Arkansas — the  can't  stay-at-homes  elsewhere — to  set  that  Government 
aside.  Three  years  only  have  elapsed  since  its  establishment;  and  now, 
under  the  inspiration  of  a  revolutionary  political  party,  which  sends  its 
orders  to  the  club-room  at  Little  Rock,  "the  calf  must  be  licked  again;" 
and  this  Constitution,  framed  by  loyal  men,  is  to  be  set  aside,  in  the 
name  of  "  loyalty," 

The  Congress  had  perjured  itself  by  legislating  outside  of  the  Constitu- 
(  88  )  ■ 


Jan.  13th.]  AEKAXSAS  COXSTITrilOXAL  COXVEXTIOX.   [6th  Day. 


Adoption  of  the  Constitution  of  1864.— C YPERT— BEOOKS— GEEY. 


tion;  and  the  members  of  this  Convention,  having  sworn  but  lately  to 
support  that  Constitution,  could  not  conform  to  the  demand.  The  highest 
judicial  authority  in  the  hmd  has  decided  that  the  negro  cannot  be  a  citi- 
zen. If  these  military  governments,  and  the  arbitrary  measures  of  Con- 
gress, were  designed  to  punish  rebels,  they  were  unconstitutional,  as  that 
must  be  done  according  to  law.  He  claimed  to  be  a  friend  of  the  negro; 
he  had  been  a  Bureau  agent  for  a  while,  and  had  always  been  desirous  of 
advancing  the  interests  of  this  unfortunate  race.  He  saw  a  member  [Mr. 
Brooks]  smile  sneeringly  at  him  when  he  made  this  assertion  of  friend- 
ship. The  member  could  atrbrd  to  sneer:  for  when  trouble  should  come 
upon  the  State,  he  could  take  his  carpet-sack  and  go  back  to  Iowa,  whence 
he  came.  For  himself,  his  destiny  was  with  Arkansas:  and  he  could  not 
take  up  his  carpet-sack  and  leave,  if  the  country  should  be  ruined  by 
Radicalism,  as  he  firmly  believed  it  would  be.  He  had  Vjeen  in  the  South 
all  his  life.  He  knew  the  negro  in  all  his  attributes.  That  their  people 
were  now  misled,  he  appealed  to  the  negro  members  present. 

Mr.  BROOKS  interrupted,  to  rise  to  a,  point  of  order.  It  was  dis- 
respectful to  style  gentlemen  of  the  Convention,  negroes. 

Mr.  GRET,  of  Phillips,  said  he  took  no  objections  to  the  appellation. 
His  race  was  closely  allied  to  the  race  which  built  the  great  Pyramids  of 
Egypt,  where  slept  the  remains  of  those  whose  learning  had  taught  Solon 
andLycurgus  to  frame  the  systems  of  their  laws,  and  to  whom  the  present 
ages  are  indebted  for  the  hints  of  art  and  knowledge. 

A  point  of  order  having  been  raised  as  to  the  propriety  of  a  phrase  in 
vdiich  Mr.  Cypert,  in  his  remarks,  had  referred  to  Mr.  Grey,  of  Phillips, 

The  PRESIDENT  ruled  that  when  there  were  two  or  more  members  of 
the-  Convention  from  the  same  county,  they  should  be  addressed,  respec- 
tively, as  Mr.   ,  from   County. 

Mr.  CTPERT  resumed. — He  had  intended  no  disrespect:  and  if  any 
had  been  shown,  he  was  willing  to  retract  it.  He  entertained  respect  for 
the  member  in  question,  and  would  treat  him  with  all  the  courtesy  due 
their  comparative  positions  in  society.  He  had  spoken  of  him  as  a  negro, 
because  he  was  such.    He  would  yield  to  the  rules  of  the  body. 

He  continued:  There  were  many  geiitlemen  present  with  whom  he  had 
long  been  associated  :  he  knew  they  must  admit  his  sincerity.  Seven 
years  ago.  from  the  same  place,  he  had  portrayed  the  ruin  and  desolation 
which  must  follow  secession  :  he  had  done  all  in  his  power  to  avert  that 
fatal  step,  but  the  effort  had  failed  :  with  the  same  foresight  he  felt  assured 
that  desolation  and  ruin  must  follow  the  rule  of  Radicalism.  He  dis- 
claimed any  wish  to  cause  aggravation  to  members  of  the  Convention,  or 
to  seek  personal  controversy  with  any  one.  He  had  been  denounced  by 
gentlemen  on  the  other  side  of  the  house,  as  a  political  trickster:  but  all 

(  S9  ) 


1868.]  DEBATES  Al^D  PEOCEEDmGS  OF  THE  [Monday, 


Adoption  of  the  Constitution  of  1864.— CYPERT. 


that  he  had  said  or  done,  was  done  with  the  view  of  endeavoring  to  render 
respectable  the  proceedings  of  the  body.  He  would  appeal  to  the  Arkansas 
men  in  the  Convention,  to  put  themselves  right  upon  the  record,  against 
any  change  in  a  form  of  government  which  suited  the  people.  The  pres- 
ent Constitution  of  Arkansas  was  as  republican  as  that  of  Ohio.  If  this 
was  no  legal  government,  by  what  authority  did  the  gentleman  from 
Pulaski  [Mr.  Hodges]  keep  prisoners  confined  in  the  Penitentiary?  He 
appealed  to  that  gentleman  to  say  whether  he  had  not  prospered  under 
that  Constitution.  Was  the  contract  for  the  labor  of  the  prisoners  in  the 
Penitentiary,  made  by  an  illegal  Legislature,  acting  under  a  constitution 
null  and  void  ?  Under  that  Constitution,  men  had  been  arrested  for  crime, 
had  been  held,  tried,  acquitted  or  condemned.  Under  that  Constitution 
Arkansas  was  a  State,  and  had,  within  her  own  borders,  exercised  all  the 
prerogatives  of  a  State.  It  had  been  so  recognized  by  the  United  States. 
The  writs  issued  by  the  United  States  Marshal  of  the  District  are  therein 
recited  to  be  issued  in  the  State  of  Arkansas.  The  Congress  of  the 
United  States  has  recognized  Arkansas  as  a  State,  in  declaring  it  to  con- 
stitute a  portion  of  a  judicial  circuit.  Why,  then,  set  to  work  to  frame  a 
constitution  not  in  consonance  with  the  Constitution  of  the  Unied  States, 
but  with  the  demand  of  Congress  alone, — a  demand  unauthorized  by  that 
instrument,  and  made  in  violation  of  its  provisions  ? 

A  gentleman  [Mr.  Hinds]  had  attempted  to  make  a  mere  trifle  of  the 
present  proposed  Ordinance,  by  referring  it  to  the  Committee  on  the 
Penitentiary ;  but  to  turn  into  ridicule  that  which  appeals  to  the  con- 
science of  men,  would  not  always  do,  as  gentlemen  might  yet  live  to 
learn.  He  trusted  that  gentleman  did  not  aspire  to  be  the  stirrer  up  of 
strife  in  the  Convention.  He  wished  to  see  the  Convention  place  itself 
upon  the  record,  on  this  question.  He  asked  the  gentleman  to  with- 
draw the  motion  for  the  reference,  and  that  the  Ordinance  might  be  dis- 
posed of  directly,  by  its  adoption  or  rejection.  Let  gentlemen  meet  this 
serious  question  seriously  and  fairly;  let  ridicule,  and  jeers,  and  spite,  be 
laid  aside;  and  let  members  come  up  and  squarely  meet  the  issue. 

Under  the  present  Constitution,  every  department  of  the  State  Govern- 
ment had  prospered,  yet  Arkansas  to-day  presented  the  strange  anomaly 
of  a  recognized  State,  controlled  by  military  force.  Was  this  republican  ? 
Was  there  any  present  rebellion  ?  Did  armed  opposition  to  the  Govern- 
ment exist  in  any  county  of  the  State?  White  County,  which  had  been 
one  of  the  most  rebellious  in  Arkansas,  was  to-day  the  strong  and  earnest 
supporter  of  the  I^ational  Government.  The  Sheriff  of  the  County  was 
a  staunch  Union  man;  a  man,  too,  as  highly  and  universally  respected  as 
any  man  within  the  County  limits. 

The  people  desired  to  remain  under  a  State  Government  which  they 
knew  something  about    He  appealed  to  the  Convention  not  to  force  upon 
(  90  ) 


Jan.  13tli.]  AEKA^^SAS  CONSTITUTIONAL  COXYENTION.    [6tli  Day, 


Adoption  of  the  Constitution  of  1864.— CYPEET— MONTGOMEET— GEET. 


the  State  a  measure  which  the  people  of  Ohio,  of  Kansas,  of  Minnesota, 
had  rejected.  He  was  willing  to  live  under  the  same  laws  as  the  people 
of  the  North.  The  Constitution  of  Arkansas  was  closely  similar  to  that 
of  Ohio — let  her  have  that  Constitution. 

Mr.  MONTGOMERY. — The  gentleman  from  Tennessee  is  out  of  order. 
He  will  please  confine  himself  to  the  subject. 

Mr.  CYPERT  replied,  that  he  had  been  a  citizen  of  Arkansas  for 
seventeen  years;  and  that  he  came  hither  from  Tennessee,  not  as  a 
soldier,  but  as  a  matter  of  choice,  here  to  make  his  home.  He  had  com- 
mitted no  crime,  and  done  no  act,  which  would  prevent  his  return  to  Ten- 
nessee, or  his  recognition  there,  by  his  former  neighbors,  as  a  gentleman. 
It  was  because  he  had  a  family  here,  and  must  be  identified  with  the  future 
of  Arkansas,  that  he  w^as  solicitous  as  to  the  form  of  government  which 
she  was  to  have. 

He  was  glad  that  the  rebellion'  had  been  crushed.  He  was  glad  that 
the  negro  was  free.  But  while  he  would  have  the  negroes  protected,  as 
they  now  are  by  law,  in  all  their  just  rights,  he  could  never  consent  to  see 
them  entrusted  with  the  elective  franchise,  and  made  the  rulers  of  white 
men.  The  negro  had  his  rights  guarded  as  sacredly  as  the  whites.  The 
elective  franchise  was  not  a  universal  right,  but  a  class  right.  Eor  God's 
sake  let  it  so  continue.  That  it  should  thus  remain,  the  North  has  decided, 
for  itself.  Let  us  do  so  here.  Congress  has  no  power  to  compel  us  to  do 
otherwise. 

He  repeated  the  request  that  the  Convention  would  meet  the  question 
squarely. 

Mr.  GREY,  of  Phillips,  said,  in  substance : 

I  must  confess  my  surprise  at  the  action  of  the  gentleman  from  White 
County  [Mr.  Cypert].  I  am  here  as  the  representative  of  a  portion 
of  the  citizens  of  Arkansas,  whose  rights  are  not  secured  by  the  Ordinance 
oflered  by  the  gentleman  from  White, — men,  sir,  who  have  stood  by  the 
Government  and  the  old  fiag  in  times  of  trouble,  when  the  republic 
trembled  with  the  throes  of  civil  war,  from  centre  to  circumference,  from 
base  to  cope.  From  this  and  other  considerations  we  are  here  not  to  ask 
charity  at  the  hands  of  this  honorable  body,  but  to  receive  at  the  hands  of 
the  people  of  Arkansas,  in  Convention  assembled,  the  apportionment  of 
our  rights,  as  assigned  by  the  Reconstruction  Acts  of  Congress.  I  am 
here,  sir,  to  see  those  rights  of  citizenship  engrafted  upon  the  organic  law 
of  this  State.  The  gentleman  from  White  does  not  seem  to  recognize  the 
fact  that  the  present  Constitution  is  not  in  accordance  with  the  Constitution 
of  the  United  States,  guaranteeing  to  each  State  a  republican  form  of 
government.  The  gentleman  from  White  says  the  negro  cannot  become 
a  citizen.  The  fact  is  patent,  that  we  have  exercised  the  rights  of  citizen- 
ship, under  the  Constitution,  in  all  the  States  except  South  Carolina,  and 

(  91  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Monday, 


Adoption  of  the  Constitution  of  1864.— GKEY. 


that  we  voted  for  that  time-honored  instrument — the  Federal  Constitution, 
— by  voting  for  the  men  that  ratified  it.  As  free  men  we  were  not  denied 
the  right  of  suffrage  under  the  State  laws,  on  account  of  color.  It  seems 
as  though  the  gentleman  has  read  the  history  of  our  country  to  little  pur- 
pose, or  at  least  not  as  I  have.  Some  of  the  States  retained  their  original 
charters  under  the  Articles  of  Confederation,  and  under  those  charters 
became  members  of  the  United  States  Government.  Justice  Curtis,  in  his 
opinioq  delivered  upon  the  opinion  of  Chief  Justice  Taney,  in  the  Dred 
Scott  case  [I  take  the  following  extract  from  Greeley's  American  Conflict, 
for  want  of  original  document],  says  : 

"  To  determine  whether  any  free  persons,  descended  from  Africans  held  in 
slavery,  were  citizens  of  the  United  States  under  the  Confederation,  and,  con- 
sequently, at  the  time  of  the  adoption  of  the  Constitution  of  the  United  States, 
it  is  only  necessary  to  know  whether  such  persons  were  citizens  of  either  of 
the  States  under  the  Confederation,  at  the  time  of  the  adoption  of  the  Consti- 
tution. Of  this  there  can  be  no  doubt.  At  the  time  of  the  ratification  of  the 
Articles  of  Confederation,  all  free,  native-born  inhabitants  of  the  States  of  JSTew 
Hampshire,  Massachusetts,  New  York,  'New  Jersey,  and  N'orth  Carohna,  though 
descendants  from  African  slaves,  were  not  only  citizens  of  those  States,  but 
such  of  them  as  had  the  other  necessary  qualifications  possessed  the  franchise 
of  electors  on  equal  terms  with  other  citizens." 

Before  the  Revolution,  all  native-born  free  persons  were  British  subjects, 
and  hence  citizens,  as  the  British  Government  did  not  base  allegiance  or 
citizenship  on  color  or  complexion.  Hence  we  passed  from  British  subjects 
to  American  citizens,  without  changing  our  relative  status  as  to  citizenship. 

This,  I  think,  disposes  of  the  assertion  that  we  cannot  be  citizens  under 
the  Constitution ;  but,  sir,  I  claim  that  it  is  ours,  not  only  on  Constitutional 
grounds,  according  to  the  rulings  of  distinguished  and  incorruptible  Ameri- 
can jurists,  but  ours  by  right  of  purchase  on  the  numerous  battle-fields  of 
our  country;  it  is  ours  because,  from  the  Revolution  down  to  and  through 
the  Rebellion,  we  have  stood  unswervingly  by  our  country  and  the  flag. 
We  fought  for  liberty.  That  liberty  cannot  be  secured  to  us  without  the 
right  of  suff*rage.  The  Government  owes  the  debt,  acknowledges  it,  and 
apportions  it  out  among  the  several  States.  We  are  here,  sir,  to  receive 
the  amount  due  us  from  the  State  of  Arkansas.  Pay  us,  sir,  the  rights 
and  privileges  due  us  as  citizens  of  the  United  States  and  the  State  of 
Arkansas,  and  we  are  content. 

The  Constitution  of  the  State  of  Arkansas— -which  the  gentleman  wished 
adopted,  as  suitable  to  the  condition  of  the  people  of  Arkansas — does  not 
even  permit  negroes,  mulattoes,  etc.,  to  come  within  the  limits  of  the 
State,  except  by  military  authority.  Under  that  clause,  every  free  person 
of  color  would  be  immediately  driven  out,  on  the  removal  of  the  military. 
(  92  ) 


Jan.  13th.]   AEKAjS^SAS  COXSTITrTIOXAL  COXYEXTIOX.    [6th  Day. 


Adoption  of  the  Constitution  of  1864.— GEET. 

The  gentleman  wishes  to  call  the  jeas  and  nays.  I  am  ready  and  willing 
to  meet  the  issue. 

Again,  the  gentleman  denies  us  the  right  of  suffrage,  on  the  ground  of 
our  ignorance,  ^"hy,  sir,  every  negro  vote  registered  in  this  State  I  can 
duplicate  with  the  vote  of  a  white  man  that  can  neither  read  nor  write  : 
and  still  we  are  charged  with  ignorance.  I  do  not  deny  it,  but  we  are  not 
isolated  in  that  respect.  If  these  men  can  vote,  I  see  no  injustice  in  per- 
mitting us  to  vote  also.  And  in  this  connection,  I  would  say  that  the 
colored  people  of  this  State  met  in  convention,  in  this  city,  in  1865,  for  the 
purpose  of  considering  their  condition  and  prospects,  and  then  asked  simply 
for  the  most  remote  recognition  of  their  rights,  but  it  was  unheeded.  I 
then  said  that  I  had  an  unshaken  confidence  in  the  eventual  justice  of  the 
American  people.  Since  then  we  have  crossed  the  Eubicon,  as  a  nation, 
and  cannot  recede  if  we  would.  But,  sir,  for  the  purpose  of  showing  that 
we  are  not  the  only  ignorant  people  in  this  country,  I  will  read  a  few 
extracts  from  a  speech  of  Judge  Kelley,  delivered  in  the  House  of  Repre- 
sentatives, January  31st,  1866.  He  takes  the  following  extract  from  an 
address  delivered  by  Governor  Hammond,  before  the  South  Carolina 
Institute,  in  1850.    Said  he  : 

They''  [sj^eakiiig  of  the  poor  class  of  whites]  obtain  a  precarious  subsist- 
ence by  occasional  jobs,  by  hunting,  by  fishing,  by  phmdering  fields  or  folds, 
and  too  often  by  what  is,  in  its  effects,  far  worse — trading  with  slaves,  and 
seducing  them  to  lolunder  for  their  benefit.'^ 

William  Gregg,  Esq.,  addressing  the  same  Institute,  in  1851,  said  : 

"From  the  best  estimate  that  I  have  been  able  to  make,  I  put  down  the 
white  people,  who  ought  to  work,  and  who  do  not,  or  who  are  so  employed  as 
to  be  wholly  nnproductive  to  the  State,  at  one  hundred  and  twenty-five 
thousand." 

The  Hon.  J.  H.  Lumpkin,  of  Georgia,  in  a  paper  on  the  industrial 
regeneration  of  the  South,  published  in  1852,  used  the  followmg  language 
in  relation  to  this  class  of  citizens.    He  said  : 

"  But  I  am  by  no  means  ready  to  concede  that  our  poor,  degraded,  half  fed, 
half  clothed  and  ignorant  population,  without  Sabbath  schools  or  any  other 
kind  of  instruction,  mental  or  moral,  or  without  any  just  appreciation  of  char- 
acter, will  be  injured  by  giving  them  employment  which  will  bring  them  under 
the  oversight  of  employers,  who  will  inspire  them  with  self-respect,  by  taking 
an  interest  in  their  welfare." 

'Now,  sir,  I  ask  the  honorable  members  of  this  body  if  we  cannot  exer- 
cise the  rights  of  franchise  as  intelligently  as  these  men.   What  advantage 

(  93  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


Adoption  of  the  Constitution  of  1864.— GKEY. 


have  they  over  us?  Surely  not  that  of  intelligence,  which  the  gentleman 
claims.  We  are  ignorant,  it  is  true,  but  not  alone  in  that  ignorance. 
And  if,  as  Jefferson,  I  think,  says,  a  man's  ignorance  is  no  measure  of  his 
rights, — admitting  the  fact,  that  does  not  constitute  a  reason  why  we  should 
not  receive  what  is  ours  by  right,  both  natural  and  acquired;  unless, 
indeed,  we  proceed  upon  the  principles  established  by  Mr.  Helper, — that 
we  have  no  right  to  interfere  in  the  affairs  of  this  country,  either  public  or 
private,  because,  as  he  says,  we  did  hot  come  to  this  country  of  our  own 
free  will,  but  came  hatless,  shoeless,  coatless,  shirtless,  and  virtueless, — 
that  we  paid  no  money  or  precious  stones,  etc.,  for  our  passage.  Grant  the 
argument.  When  we  look  over  the  broad  expanse  of  this  great  countr}^, 
we  can  but  admit  that  we  have  borrowed  largely,  almost  to  the  despoil- 
ing of  our  neighbors,  not  only  of  the  outward  signs  of  civilization,  but 
the  virtues  of  manhood  and  womanhood,  and  even  the  best  blood  that 
flows  in  their  veins.  Can  any  one  doubt  that  we  have  borrowed  thus 
largely,  even  in  a  moral  point  of  view.  Let  him  refer  to  the  frequency 
of  men  being  found  with  oaths  in  their  pockets,  solemnly  sustaining  both 
sides  of  the  recent  great  struggle.  What  a  depth  of  moral  depravity ! 
0,  Tell  it  not  in  Gath,  publish  it  not  in  the  streets  of  Askelon  !" 

These  gentlemen  tell  us  that  they  are  willing  to  give  us  our  rights  in 
the  courts.  I  would  respectfully  decline  the  offer,  on  the  ground  that  the 
leading  men  of  the  South  have  failed  to  maintain  the  rights  of  the  poorer 
masses  of  the  white  people.  Who  can  doubt  that  ignorance  led  them  into 
the  rebellion  against  their  Government,  which  had  provided  means  to 
educate  and  enlighten  them  ?  But  their  leading  men  failed  to  secure  to 
them  those  rights  and  privileges.  The  gentleman  should  remember  that 
we  only  ask  those  rights  and  privileges  pertaining  to  American  citizen- 
ship. Under  the  opinion  of  Attorney-General  Bates,  having  been  born  in 
this  country,  we  are  citizens  of  this  country.  This  is  our  home.  Here 
where  we  have  suffered,  where  we  have  reared  our  children,  and  where  lie 
the  bones  of  our  fathers — here  where  the  whitened  bones  of  forty  thousand 
slain  attest  our  affection  for  our  home  and  country — here,  sir,  will  we  re- 
main, and  continue  to  ask  for  those  rights  and  privileges  that  are  ours,  by 
every  means  that  man  can  use, — by  patient  fidelity  and  patriotic  heroism. 

We  are  told  that  a  republican  form  of  government  must  rest  upon  the 
intelligence  and  virtue  of  the  masses,  and  that  we  have  not  those  qualifi- 
cations. They  are  qualities  that  are  at  least  susceptible  of  improvement 
in  other  races  of  men,  and  not  largely  displayed  when  the  Huns,  Yandals, 
and  other  tribes  were  laying  waste  the  fair  fields  of  Italy,  or  when  the 
Danes  and  l^ormans  were  making  sad  havoc  of  your  ancestral  estates. 
Our  condition  would  compare  favorably  with  that  of  England,  as  described 
by  Macaulay,  at  the  time  of  the  conquest  of  the  island  by  the  legions  of 
Csesar;  when,  he  says,  the  condition  of  the  people  was  little  better  than 

( 


Jan.  13th.]   AEKAXSAS  COXSTITUTIOXAL  COXYEXTION.    [6th  Day. 


Adoption  of  the  Constitution  of  1864.— GEET. 


that  of  the  Sandwich  Islanders.  "We  are  not  far  behind  those  who  sold 
civilized  women,  along  the  banks  of  the  James,  for  two  hundred  pounds 
of  tobacco,  or  less,  ^ov  has  our  intelligence,  even  in  a  barbarous  state, 
been  much  below  the  level  of  those  who  ate  the  acorns  falling  from  the 
lofty  oaks  of  Dodoua,  and  worshipped  the  tree  from  which  they  fell.  The 
Saxon  civilization  of  the  nineteenth  century  is  the  product  of  eight  hun- 
dred years;  and  with  this  start  ahead,  with  all  the  wealth,  intelligence, 
and  power,  and  prestige  of  this  great  Government,  men  pretend  to  believe 
that  they  are  afraid  of  negro  domination,— afraid  that  four  millions  of 
negroes,  scattered  over  this  vast  country,  will  rule  thirty  millions  of  intel- 
ligent white  people !  They  cannot  believe  it.  They  are  endeavoring  to 
work  on  the  prejudice  of  the  masses,  to  produce  outrage  and  bloodshed, 
and,  if  possible,  what  they  pretend  to  deprecate,  a  war  of  races.  But,  sir, 
this  I  do  not  fear,  so  long  as  we  are  led  by  the  best  minds  of  the  nation, 
and  count  in  our  ranks  those  distinguished  men,  of  both  sections,  whose 
gleaming  swords  were  seen  flashing  on  many  a  skirmish  line,  and  in  the 
smoke  of  battle. 

The  gentleman  says  that,  by  the  decision  of  the  highest  judicial  tribu- 
nal, we  are  not  citizens.  'That  decision,  sir,  travelled  outside  of  the  Con- 
stitution, outside  of  American  history,  outside  of  the  precincts  of  the 
courts:  and  hence  I  res^ard  Chief  Justice  Tanev  as  the  American  Jefiries. 
Could  I  afford  to  trust  my  dearest  rights  in  the  hands  of  men  who  hold 
up  such  a  decision  as  the  measure  of  my  rights,  and  at  the  same  time  pro- 
fess to  be  my  best  friends  ?  I  beg  respectfully  to  decline  such  friendship  ! 
Men  who  are  willing  to  consign  us  to  a  system  of  peonage  worse  than 
slaver}',  a  system  that  strips  us  of  every  right  or  privilege,  and  turns  us, 
bound  hand  and  foot,  over  to  the  tender  mercies  of  mob  law.  Under  a 
decision  of  the  Supreme  Court,  that  says  "  negroes  have  no  rights  that 
white  men  are  bound  to  respect,'''  and  with  a  knowledge  of  this  fact,  the 
gentleman  claims  to  be  my  "  best  friend,"  and  says  that  he  is  willing  that 
I  should  be  protected  in  my  rights.  Why,  sir,  we  made  a  great  mistake 
in  being  represented  by  proxy  when  the  Constitution  was  framed.  We 
propose  to  remedy  that  mistake,  in  reorganizing  this  State  Government, 
by  being  present  in  j^rojrria  persona;  and  then  when  the  question  shall 
arise  as  to  the  definition  of  we,  the  people,"  look  on  the  votes  of  the 
Convention  framing  the  instrument,  and  you  will  find  the  name  of  "  Grey 
(negro),  from  PhiUips,"  and  that  will  solve  the  problem  at  once.  You 
need  not  fear  negro  domination.  Give  us  our  rights  as  citizens  before  the 
law,  the  right  of  trial  by  a  jury  of  our  peers, — admit  us  into  the  sanctum 
sanctorum  of  justice — the  jury  box, — give  us  a  fair  show  in  the  courts. 
The  idea  of  giving  a  negro  justice,  in  a  court  Avhere  the  judge  has  sucked 
the  milk  of  prejudice  from  his  mother's  breast,  where  the  lawyers,  though 
they  may  be  the  most  thorough  radicals  extant,  honestly  believe  me  im- 

(  95  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Monday, 


Adoption  of  the  Constitution  of  1864.— GKEY. 


measurably  their  inferiors,  and  the  jurors  there  assembled  are  imbued 
with  the  animus  of  a  majority  of  the  court  in  the  case  of  Dred  Scott,  and 
do  not  believe  that  I  have  any  right  to  be  protected  from  the  encroach- 
ments of  that  class  looked  upon  as  my  superiors !  Give  us  the  right  of 
suiFrage;  establish  a  school  sj^stem  that  will  give  us  opportunities  to  edu- 
cate our  children;  leave  ajar  the  door  that  leads  to  peace  and  power;  and 
if  by  the  next  generation  we  do  not  place  ourselves  beyond  the  reach  of 
mortal  man,  Avhy,  then  take  them  away  from  us  if  not  exercised  properly. 
But,  sir,  we  have  no  fears  of  failing  to  secure  those  rights.  We  may  be 
weak  within  ourselves,  but  liberty  and  justice  must  eventually  prevail. 

"  Truth,  crushed  to  earth,  will  rise  again, 
The  eternal  years  of  God  are  hers." 

This  movement  may  be  retarded,  but  cannot  be  rolled  back  upon  itself. 
We  may  wait  and  suffer;  but  the  time  cannot  be  far  distant  when  we  shall 
rise,  phoenix-like,  from  our  ashes,  to  the  full  development  of  manhood 
rights.  There  can  be  nothing  gained  by  delay,  for  the  struggle  will  go 
on  until  those  rights  are  secured  to  us.  Man  cannot  prevent,  for  God  has 
written  it  in  burning  characters  across  the  pages  of  American  history — 
emblazoned  it  as  upon  a  sign-board,  and  hung  it  on  the  brows  of  the 
Rocky  Mountains, — "  This  is  the  asylum  for  the  oppressed  of  all  nations 
and  all  peoples."  This  is  according  to  the  original  contract,  drawn  up  by 
the  patriotic  men  of  the  Revolution  ;  and  I  believe  they  were  honest,  when 
they  declared  that  all  men  are  created  equal."  I  believe  the  hand  of  an 
angel  guided  the  pen  that  wrote  those  words,  and  that  they  were  recorded 
in  heaven.  God  intends  you  shall  keep  the  original  contract.  The  acting 
in  bad  faith,  by  the  children  of  those  good  men,  has  cost  the  country  a 
million  lives — the  flower  of  the  land, — and  untold  sums  of  wealth.  I 
believe  He  intends  to  demand  its  fulfilment  now ;  and  I  plant  myself  upon 
the  Declaration  of  Independence  and  the  Constitution,  as  defined  by  the 
framers  of  those  documents  and  expounded  by  the  leading  men  of  that 
period,  and  claim  that  they  secure  me  my  rights,  if  honestly  and  faithfully 
executed. 

Settle  once  and  forever  the  question  of  human  rights,  by  giving  us 
equality  before  the  law.  Then,  and  not  till  then,  will  peace  come  to  our 
borders.  Until  that  is  done,  capital  will  not  seek  investment  within  our 
limits,  nor  will  immigration  flow  to  a  State  that  continues  to  oppress  and 
crush  the  laborer.  Arkansas  has  tried  it  for  thirty  years,  and  she  is  still, 
comparatively,  a  vast  forest.  With  an  extent  of  territory  sufl^icient  for  an 
empire,  stretching  from  Missouri  on  the  north  to  Louisiana  and  Texas  on 
the  south,  from  the  Cherokee  Territory  on  the  west  to  where  her  eastern 
front  looks  out  upon  the  Father  of  Waters ;  with  internal  streams  suffi- 
ciently navigable  to  bear  the  commerce  of  an  empire  to  the  sea;  she  has 
(  96  ) 


Jan.  13th.]   AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.   [6tli  Day. 


Adoption  of  the  Constitution  of  1864.— GREY. 


been  thirty  years  a  State,  and  has  not  a  railroad  worth  the  name,  no 
means  of  interconinmnication  except  that  employed  in  a  bygone  age, — 
not  a  respectable  school-house, — and  her  primeval  forests  still  keep  silent 
guard  along  lier  watercourses.  And  why?  Because  her  soil  was  dese- 
crated by  slavery.  It  was  here  this  Moloch  of  the  nineteenth  century 
reared  his  altars  and  sacrificed  his  human  victims.  God  has  removed  the 
idol  and  shattered  the  altars:  and  those  that  opposed  it,  like  the  devotees 
that  threw  themselves  before  the  Hindoo  car  of  Juggernaut,  will  be 
crushed  beneath  the  progress  of  the  age.  VTith  a  salubrious  climate,  a 
soil  whose  fertility  is  unsurpassed,  there  is  nothing  needed  but  a  govern- 
ment irrevocably  committed  to  freedom  and  universal  liberty,  and  all  will 
be  well.  TTe  have  given  an  undeniable  proof  of  our  intelligent  use  of 
the  franchise,  by  voting  solid,  en  masse,  for  the  men  that  stand  by  our 
rights:  and  that,  too,  in  the  face  of  having  the  very  bread  taken  from 
the  mouths  of  our  wives  and  children,  and  in  opposition  to  the  weight  of 
wealth  and  intelligence  thrown  in  the  scale  against  us.  And  at  this  late 
day  is  it  possible  to  find  a  gentleman  who  will  cleny  representation  to  one 
hundred  and  eleven  thousand  of  the  people  of  Arkansas? 

I  belong,  perhaps,  to  the  class  of  adventurers  spoken  of.  Born  in  old 
Virginia,  I  came  to  Arkansas  believing  that  under  that  clause  in  the  Con- 
stitution of  the  United  States  that  o:uarantees  to  the  citizens  of  each  State 
the  rights,  privileges,  and  immunities  of  the  citizens  of  the  several  States, 
I  have  about  as  much  right  here  as  anybody  else:  and  besides  this,  I  re- 
garded the  State  of  Arkansas  as  a  sort  of  common  property,  being  a  part 
of  the  Louisiana  purchase,  for  which  the  people  of  these  United  States 
paid  some  fifteen  millions  of  money.  Xow,  sir,  I  think  it  no  great  tres- 
pass to  adventure  upon  common  territory.  The  gentleman  would,  doubt- 
less, have  objected  to  the  Saviour,  on  the  ground  of  his  not  having  possessed 
worldly  wealth,  or  his  failure  to  locate  a  farm  somewhere  within  the  land 
of  Judea. 

The  gentleman  need  not  fear  but  the  negro  will  vote  for  his  rights  all 
the  time.  We  have  evervthins^  at  stake  that  makes  life  a  blessino-;  and 
we  can  onlv  vote  for  those  men  who  will  nail  neo-ro  sufFra^e  to  their  mast- 
heads;  and  wherever  we  see  their  white  plumes  advancing  in  the  smoke 
of  this  political  contest,  we  will  follow  in  a  solid  phalanx.  I  have  no 
antipathy  against  the  white  people  of  this  country,  and  am  not  surprised 
at  their  strenuous  opposition.  History  repeats  itself:  they  have  been  as 
hard  on  men  of  their  own  race,  when  struo-o-lino;  for  their  own  freedom. 
The  noblesse  of  England, — the  cavaliers, — had  as  little  use  for  the  clouted 
yeomanry  and  puritanic  followers  of  Cromwell,  as  these  gentlemen  have 
for  us.  But  time  has  a  softening  influence  on  all  human  prejudices.  I  am 
willing  to  forget  the  past,  and  to  wrap  the  winding-sheet  of  oblivion  over 
the  sod  that  contains  the  bones  of  my  wronged  and  oppressed  ancestors, 

7  (  9T  )  . 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— GEET. 


for  two  hundred  and  fifty  years.  0,  disturb  not  the  sacred  sarcophagus 
that  contains  the  bitter,  bitter  memories  of  the  past; — we  await  the  Judg- 
ment Day.  Grive  us  the  franchise,  the  right  to  protect  ourselves,  our  wives, 
and  children,  and  w^e  are  content.  We  are  warned  of  the  reaction  in  the 
E'orth.  I  think,  sir,  if  the  question  of  negro  suffrage  had  been  stripped 
of  deserters'  bills,  woman  suflJ'rage,  and  everything  that  could  be  found 
that  was  unpopular,  it  would  have  been  adopted ;  and  even  carrying  this 
weight,  we  obtained  the  largest  vofe,  upon  the  subject,  ever  polled  in  Ohio. 
But,  at  the  same  time,  I  do  not  blame  the  people  of  the  iTorth  for  reject- 
ing it.  It  was  their  proposition  to  the  South,  and  we  had  no  right  to  place 
them  in  the  position  of  the  conquered,  instead  of  the  conquerors.  Strip 
the  question  of  all  outside  issues;  let  the  people  know  that  we  do  not  wish 
white  men  to  make  themselves  the  pedestals  upon  which  to  place  black 
statues,  or  to  elevate  the  negro  into  ofiice.  We  desire  simply  the  means 
and  incentives  to  industry  and  education.  We  will  carry  them  triumph- 
antly from  the  snow-capped  hills  of  'New  England,  to  where  the  dark- 
eyed  daughters  of  the  sunny  South  bathe  their  tiny  feet  in  the  tepid  waters 
of  the  Gulf  of  Mexico. 

Mr.  BROOKS  obtained  the  floor,  and  said  he  would  move  an  ad- 
journment, with  the  understanding  that  he  would  be  allowed  the  floor 
to-morrow  morning.    He  moved  to  adjourn. 

The  question  w^as  taken ;  and  the  motion  was  agreed  to ; 

And  thereupon,  at  1,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Tuesday,  January  14th. 


SEVENTH  DAY.* 

Tuesday,  January  14^A,  1868. 

Convention  met  at  10,  a.m. 

In  the  continued  absence  of  the  Chaplain,  and  on  invitation  by  the 
President,  prayer  was  ofiered  by  the  Rev.  Mr.  Beasley,  delegate  from 
Columbia. 

The  roll  was  called,  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

The  Journal  of  yesterday  was  read  and  approved. 


*  The  stenographic  report  of  the  debates  of  the  Convention  commences  with  the  proceed- 
ings of  this  day. 
(  98  ) 


Jan.  14th.]  AEKA^^SAS  C0XSTITTTTI0:N'AL  COWE^s^TION.   [7tli  Day. 


Adoption  of  the  Constitution  of  1864.— BEOOKS. 


APPOrXTMEXT  OF  COMMITTEE  OX  FEDERAL  RELATIOXS. 

The  PEESIDEXT  announced  the  Standing  Committee  on  Federal  Eela- 
tions,  as  follows:  Messrs.  Hodges,  of  Crittenden,  Cypert,  Hutchixson, 
Murphy.  Sxyder,  Scott,  and  Hodges,  of  Pulaski. 

ADOPTIOX  OF  THE  COXSTITUTIOX  OF  1S64 — RESUMED. 

The  unfinished  business,  first  in  order,  was  the  consideration  of  the 
motion  to  refer  to  the  Committee  on  the  Penitentiary  the  following  Ordi- 
nance : 

JVJiereas.  during  the  late  Eebellion.  at  a  time  when  there  was  no  organized 
government  in  the  State  of  Arkansas  in  harmony  with  that  of  the  United 
States.  Abraham  Lincoln,  President  of  the  E'nited  States,  issued  his  proclama- 
tion, of  date  December  8th.  1863.  for  the  formation  of  civil  government  in  the 
insurgent  States,  on  a  basis  which  should  accord  with  the  allegiance  due  to  the 
Government  of  the  United  States. 

A?id  ichereas.  under  said  proclamation,  the  present  Constitution  was  founded 
by  loyal  representatives  of  the  people,  and  the  same  has  proved  to  be  gen- 
erally acceptable  to  the  people,  was  approved  by  President  Lincoln,  and  has 
since  been  recognized  by  every  department  of  the  General  Government. 

And  icliereas.  the  same  is  republican  in  form,  and  no  material  change  in  the 
same  is  demanded  at  this  time  by  the  people  whom  we  represent. 

Therefore  he  it  ordained,  by  the  Convention  of  the  State  of  Arkansas,  called  in 
pursuance  of  an  act  of  Congress,  entitled  An  Act  for  the  more  emcient  govenirnent 
of  the  Behel  States."  passed  March  2d.  1867.  that  we  do  hereby  cheerfully  adopt 
as  the  Constitution  of  the  State  of  Arkansas,  in  all  respects  the  same  now  in 
force,  being  that  adopted  on  the  ISth  day  of  ]\Iarch.  186-4;  and  that  the  same 
shall  be  submitted  to  the  people  for  their  ratification. 

Mr.  BEOOKS.  I  hope  it  may  not  be  understood  that  I  have  any  formal, 
set  speech  to  deliver,  upon  the  proposition  pending  before  the  Convention. 
A^et,  as  I  did  make  a  few  passing  notes  of  the  remarks  of  the  honorable 
gentleman  from  TThite  [Mr.  Cypert],  yesterday,  I  have  thought  it  might 
not  be  amiss,  very  briefiy  to  call  attention,  by  way  of  review,  to  some  of 
the  points  presented  by  him.  I  hope  I  shall  be  excused  from  reciprocat- 
ing the  epithets  which  might,  perhaps,  be  properly  characterized  as  Bil- 
lingsgate, that  have  come  from  the  other  side  of  the  hall.  Stich  epithets, 
applied  to  honorable  members  of  this  Convention,  and  to  members  of  the 
Congress  of  the  United  States,  as  "  factious,"'  loafers,"'  "  carpet-sack  gen- 
tlemen,"'" '-interlopers,'"'  ''perjurers,'"  "fools,"'  and  "liars,"*  do  not  consti- 
tute the  staple  of  argument  

(  99  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— CYPERT— BROOKS. 


Mr.  CYPERT.  If  the  gentleman  attributes  to  me  the  use  of  the  epithet 
"liar,"  applied  to  Siny  member  of  this  Convention,  I  wish  him  to  correct 
that. 

Mr.  BROOKS.  I  do  not  know  to  whom  the  honorable  o-entleman  has 
alluded;  but  the  terms  he  employed  I  made  note  of  at  the  time,  that 
there  might  be  no  mistake,  whatever,  in  respect  to  his  precise  language. 
Those  epithets,  I  was  about  to  say,  sir,  do  not  constitute  the  staple  of 
argument,  or  the  style  of  rhetoric,  we  desire  to  employ  in  the  great 
work  before  us,  of  framing  the  organic  law  of  the  State  of  Arkansas, 
under  the  provisions  of  the  enactments  of  the  Congress  of  the  United 
States.  If,  sir,  we  cannot  sustain  our  position,  and  carry  through  the 
objects  of  our  Convention,  without  condescending  to  such  a  style  of  re- 
mark, and  without  evincing  such  taste — such  a  want  of  the  common  cour- 
tesies of  civilization, — why,  then,  sir,  we  respectfully  desire  just  to  be  per- 
mitted to  bow  ourselves  out  of  the  capitol — whether  we  choose  to  bow 
ourselves  out  of  the  State  or  not — and  surrender  the  contest. 

This  style  of  treating  the  subject  of  reconstruction,  of  the  reorganization 
of  civil  government  here,  under  the  protection  of  the  flag  of  the  Union, 
and  the  enactments  of  the  loyal  Congress  of  the  United  States,  is  not 
peculiar  to  the  honorable  gentleman,  but  is  characteristic  of  that  element 
of  society  in  Arkansas  which  he  has  the  honor  to  represent  here.  In  this 
morning's  issue — I  believe  it  was — of  the  official  organ  of  the  party  which 
he  represents,  in  part,  upon  this  floor,  is  language  of  this  character — and 
it  is  such  language  as  that  class  of  papers  is  accustomed  to  employ  ever 
since  the  assembling  of  this  Constitutional  Convention. 

"  The  bastard  collocation  whose  putridity  stinks  in  the  nostrils  of  all  de- 
cency, now  in  session  in  the  capitol,  has  very  conceited  ideas  of  its  importance 
and  pretentious  opinions  of  the  scope  of  its  powers." 

Again  : 

"As  a  matter  of  some  trifling  interest  to  those  who  have  not  witnessed  the 
exhibition  of  the  menagerie,  we  would  state  that  the  negro  members,  eight  in 
number,  occupy  seats  on  the  western  side  of  the  Hall  of  Representatives." 

And  a  few  days  since,  at  or  near  the  time  of  the  opening  of  this  Con- 
vention— the  assembling  of  these  honorable  gentlemen  from  all  parts  of 
the  State — of  all  shades  of  opinion,  I  suppose, — the  same  organ,  speaking, 
of  course,  for  the  party, — reflecting,  unquestionably,  the  sentiments,  prin- 
ciples, and  habits  of  the  party, — made  use  of  similar  language  to  this, 
characterizing  the  honorable  members  of  this  body  as  a  ''menagerie"  of 
animals,  and  a  select  few,  to  the  number  of  fifteen,  as  "gentlemen" — gen- 
(  100  ) 


Jan.  14rb.]  ARKANSAS  COXSTITUTIOXAL  COXVE^^TIOX.    [7th  Day, 


Adoption  of  the  Constitution  of  1864.— BROOKS— CYPERT— BEADLE  Y. 


tleme/i.  empliatioally. — who  had  devolved  upon  them  the  painful  task  of 
wrestlino".  uot  with  beasts  at  Ephesus.  as  one  of  old.  but  with  a  "mongrel 
nienas'erie  ■'■  of  wandering  wiLd  beasts,  collected  together  here  as  a  sort  of 
monkey-show  for  the  entertainment  of  the  respectables  of  Arkansas  ! 

I  am  pained,  sir.  to  feel  called  upon  to  notice  these  things,  and  should 
not  have  cfone  outside  this  Convention  merely  to  remark  upon  anythiug 
of  the  sort  that  might  appear  in  the  public  prints  :  but  when  an  honorable 
member  of  this  body,  upon  this  lioor.  can  imitate,  or  recite  as  a  school- 
boy his  lesson,  this  kind  of  sy.stematic  slang,  and  lish-market  abuse  of  gen- 
tlemen representing  as  respectable  a  constituency  as  he  himself.  I  think 
we  are  at  least  justilied  in  calling  public  attention  to  the  tone  which  his 
party  has  seen  fit  to  adopt. 

Mr.  CA^PIlET.  I  very  mucli  dislike  to  interrupt  the  gentleman ;  but 
he  attributes  to  me.  by  way  of  innuendo,  language  that  will  go  out  to  the 
world  as  though  I  had  really  employed  it.  I  now  deny  having  applied 
any  epithet  to  any  gentleman  of  this  Convention,  or  used  any  languasre 
implying  that  lie  was  a  dislionoraljle  man  in  any  way  whatever.  I  did 
use  the  word  "falsehood"  in  regard  to  the  preamble  prefixed  by  Congress 
to  the  Reconstruction  Act.  That  I  did  say.  It  is  a  falsehood.  That  is 
the  only  instance  in  vrhich  I  recollect  using  the  word  "lie.""  or  •■false- 
hood." in  any  way.  I  certainly  did  not  use  it  in  any  manner  applicable 
to  any  member  of  this  Convention.  Xnr  did  I  use  any  such  language  as 
is  contained  in  the  paper  from  which  the  gentleman  has  read,  or  any  that 
could  possibily  be  considered  as  bearing  such  a  construction. 

l\Ir.  BROOKS.  T\Ath  the  single  exception  of  a  glaring  instance  of  de- 
parture from  the  rules  of  the  Convention,  where  a  personal  indignity 
was  offered  to  some  of  our  colleagues  here,  it  has  not  been  attempted 
to  hold  the  gentleman  strictly  to  order.  ^Ve  are  perfectly  willing  lie 
should  have  the  largest  opportunity — the  widest  latitude. — so  far  as  we 
are  concerned.  He  has  full  opportunity  to  interrupt  at  his  pleasure.  But 
the  words  I  have  cited  from  the  honorable  member's  speech  were  quo- 
tations made  verbatim,  and  unquestionably  reniendjered  by  every  gentleman 
in  the  Convention  and  among  the  spectators,  who  was  paying  attention 
to  the  lano'uage  at  the  time.  What  I  read  from  the  newspaper  is  of  a 
piiece. 

Mr.  CAMERT.  If  the  gentleman  iritends  to  persist  in  that  assertion.  I 
must  denounce  it  as  false. 

Mr.  BROOKS.  It  would  be  well  for  the  gentleman  at  least  to  control 
his  temper.  I  simply  say  it  is  of  a  piece.  I  do  not  say  the  gentleman 
quoted  the  precise  language,  but  that  it  is  characteristic  of  the  gentleman's 
style,  and  of  those  whom  he  represents  throughout  the  State  and  country, 
as  every  honorable  gentleman  very  well  knows. 

Mr.  BRADEEA^.    I  do  seriously  protest  against  gentlemen  preferring 

(  101  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Adoptionr  of  the  Constitution  of  1864.— BROOKS. 


such  accusations  here  against  the  citizens  of  this  State.  If  the  gentleman 
desires  to  criticize  the  language  or  sentiments  of  individuals  on  this  floor 
or  elsewhere,  I  have  no  objection-to  make;  but  I  do  enter  my  solemn 
protest  against  such  reflections  upon  the  character  of  the  citizens  of  my 
own  State. 

The  PRESIDEJTT.  The  Chair  would  observe  that  this  question  is  open 
to  discussion ;  and  when  the  gentleman  from  Phillips  shall  have  finished 
his  remarks,  other  gentlemen  will  have  ample  opportunity  to  answer. 

Mr.  BROOKS.  We  present  no  reflections  with  regard  to  the  citizens 
of  the  State.  We  simply  set  forth  a  notorious  fact,  that  there  is  a  certain 
class  of  gentlemen  in  the  State  of  Arkansas,  engaged  in  conducting 
the  press,  and  confronting  the  friends  of  reconstruction,  upon  the  stump 
and  otherwise,  who  are  in  the  habit  of  using  language  of  the  'character  of 
that  which  I  have  quoted  here  this  morning.  And  we  allege  that  that 
style — not  of  argument,  but  of  denunciation  and  Billingsgate,  has  been 
transferred  to  the  floor  of  this  Convention  by  an  honorable  representative. 
That  is  all  that  has  been  stated.  It  is  a  notorious  fact ;  and  if  a  reflection, 
I  submit  that  it  is  such  simply  upon  those  who  employ  that  kind  of  lan- 
guage. 

But  I  did  not  desire  to  occupy  the  valuable  time  of  the  Convention  with 
anything  more  than  the  simple  recitation  of  a  few  choice  extracts,  for  the 
purpose  of  exhibiting  the  elegant  diction  employed  in  the  process  of  dis- 
cussion upon  the  question  of  reconstruction.  The  honorable  member 
brought  forward,  in  his  remarks  of  yesterday,  the  proposition  that  the 
Convention,  in  order  to  the  accomplishment  of  its  work,  should  adopt  the 
existing  Constitution  of  the  State  of  Arkansas ;  and  he  indulged  in  very 
complimentary  remarks  respecting  the  existing  Constitution,  the  Provis- 
ional Government,  and  the  ofiicers  administering  that  Government.  We 
rejoice,  Mr.  President,  in  the  advancement  made  by  our  friends  upon  the 
other  side  of  this  question.  We  remember,  very  distinctly,  that  but  a 
few  months  since,  immediately  after  the  surrender,  when  the  loyal  men* 
of  Arkansas,  under  circumstances  of  trial  and  persecution  unparalleled 
in  the  history  of  this  country,  had  inaugurated  a  form  of  civil  government 
here,  this  same  class  of  gentlemen  who  are  now  enamoured  of  it,  and  who 
are  now  so  overwhelmed  with  admiration  for  the  loyal  Executive  of  this 
Provisional  Government  of  Arkansas,  then  denounced,  in  unmeasured 
terms,  this  very  Provisional  Government,  and  these  loyal  men  who,  at  the 
risk  of  life,  assembled  at  this  capitol,  and,  almost  at  starvation's  point, 
labored  day  and  night  to  institute  such  a  government  for  the  State.  These 
gentlemen  were  accustomed — at  least  in  our  part  of  the  State — to  inveigh 
against  those  men  as  traitors,  to  denounce  them  as  vampires,  to  proclaim 
them  a  pack  of  thieves  and  robbers  of  the  State  of  Arkansas,  and  to  char- 
acterize the  Provisional  Government  as  a  humbug  and  a  hoax.  These 
(  102  ) 


Jan.  Uth.]  AEKANSAS  CO^^STITUTIO^s^AL  CONVENTIONS^.  [7th  Day. 


Adoption  of  the  Constitution  of  1864.— BEOOKS— SNTDEE— CTPEET. 

gentlemen,  immediately  on  their  return  from  the  rebel  army,  set  about 
overthrowing,  by  revolution,  if  they  might  not  otherwise,  this  same  Pro- 
visional Government. 

Mr.  SNYDER  [m  his  seaf].  They  called  a  convention. 

Mr.  BROOKS.  They  called  a  convention  for  the  express  purpose  of 
overthrowing  this  much-lauded  State  Government,  and  the  loyal  men  who 
had  endeavored  to  administer  it  in  a  period  of  danger  and  strife.  The 
improvement  in  these  gentlemen  is  no  doubt  attributable  to  their  sub- 
sequent associations.  No  doubt  whatever,  having  been  brought  in  con- 
tact with  the  loyal  Government,  they  have  come  to  a  better  mind.  We 
congratulate  them,  and  the  State,  and  the  country  at  large;  and  we  hope, 
as  evil  communications  corrupt  good  manners,  the  counterpart  of  that  text 
is  true,  and  trust  ere  long  to  hail  them  brothers  beloved,  as  loyal  men, 
ready  to  sustain  the  flag  and  the  interests  of  the  country. 

Mr.  CYPERT.    Will  the  gentleman  allow  me  to  interrupt  him  ? 

Mr.  BROOKS.  Certainly. 

Mr.  CYPERT.  If  the  gentleman's  remarks  in  regard  to  denunciation 
of  the  State  Government  is  intended  to  apply  to  any  act  or  word  of  mine, 
he  is  mistaken  :  for  no  word  or  act  of  mine  can  be  brought  up  derogatory 
to  the  Constitution  of  Arkansas,  its  Executive,  or  the  State  Government 
under  which  he  was  elected.  I  deny  ever  having  said  or  done  anything 
of  the  kind.  v 

Mr.  BROOKS.  Oh  !  the  gentleman  should  not  appropriate  to  himself, 
personally,  these  remarks  which  I  make  of  the  party  at  large.  [Laughter.] 
It  is  at  least  modest  to  suppose  they  are  shared  by  other  gentlemen. 

It  was  stated  in  the  argument  yesterday,  sir,  on  behalf  of  the  measure 
proposed  to  the  Convention,  that  the  Provisional  Government  of  the  State 
had  been  recognized  by  every  department  of  the  General  Government, 
and  was,  therefore,  obligatory  upon  us,  of  course  ;  and  that,  consequently, 
in  being  here  for  the  purpose  of  subverting  or  supplanting  a  civil  govern- 
ment thus  recognized  as  a  State  government,  de  facto,  by  every  department 
of  the  General  Government,  we  were  revolutionists.  These  are  the  gen- 
tleman's precise  expressions :  Recognized  by  every  department  of  the 
General  Government  as  a  State  government  in  fact,  without  qualification 
or  restriction."  I  submit,  sir,  that  while  the  Provisional  Government  of 
Arkansas,  as  everj^  intelligent  gentleman  on  this  floor  and  in  this  country 
knows,  has  been  honored  and  cherished  b}^  every  loyalist,  of  every  class 
and  color,  in  the  State,  and  by  all  of  our  friends  throughout  the  country, 
we  have  not  claimed  for  it  what  the  gentleman  on  the  other  side  of  the 
hall  claimed  in  his  argument.  That  argument  fails  in  one  very  essential 
feature — the  simple  matter  of  fact.  The  Provisional  Government  of  the 
State  of  Arkansas  has  not  been  recognized  by  the  Congress  of  the  United 
States,  wha^ver  may  be  said  with  respect  to  other  departments.  The 

(  103  ) 


1868.] 


DEBATES  AND  PROCEEDmGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— BKOOKS. 


legislative  department  of  the  General  Government  is  supposed  by  many 
to  be  at  least  competent,  whether  or  not  it  be  alone  competent,  to  adjudi- 
cate and  determine  this  question  of  what  is  and  what  is  not  a  State  gov- 
ernment, and,  where  disputes  may  arise  between  two  such  governments 
claiming  jurisdiction  over  the  same  territory,  to  decide  which  is  and  which 
is  not  legitimate;  and  the  belief  of  many  well-informed  men  is,  that  Con- 
gress is  the  rightful  and  proper  arbiter  of  that  question.  I  merely  men- 
tion the  fact  that  that  body,  the  Legislature  of  the  United  States,  has  not 
recognized  the  Provisional  Government;  and  that  the  gentleman  is,  there- 
fore, astray  in  his  statement  that  that  Government  "  has  been  recognized 
without  restriction  or  qualification  by  every  department  of  the  General 
Government." 

I  was  at  a  loss  to  understand  how  the  honorable  gentleman  reconciled 
his  position  here  as  a  delegate  in  this  Constitutional  Convention — at  first 
I  was  at  a  loss,  after  he  had  made  this  broad  statement  that,  the  Provis- 
ional Government  having  been  thus  fully  recognized,  our  position  here 
was  the  consequence  of  a  revolutionary  movement,  and  placed  us  in  a 
revolutionary  attitude,  to  know  how  he  reconciled  these  views  with  his 
action  in  accepting  a  seat  in  a  body  called  to  subvert  that  only  legitimate 
government  of  the  State.  Certainly  his  course  would  seem  somewhat 
inconsistent  to  common-sense  business  men,  who  are  accustomed  to  pro- 
ceed in  all  things  in  a  straightforward,  business-like  way,  and  not  by 
management  and  trickery.  We  should  have  supposed  that,  upon  the 
gentleman's  ground,  we  could  not  feel  it  fitting  for  us,  as  honorable  men, 
to  be  sitting  here  in  a  revolutionary  body,  convened  without  authority  of 
law,  and  for  the  purpose  of  overthrowing  a  perfected,  duly  recognized, 
and  established  State  government!  But  a  little  reflection  reconciled,  in 
my  thoughts,  the  attitude  assumed,  with  the  doctrines  professed,  by  the 
gentleman.  Two  considerations  suggested  themselves.  In  the  first  place, 
toe  should  perhaps  have  felt  embarrassed  amid  such  surroundings ;  while 
gentlemen  whose  previous  habits  have  familiarized  them  with  efforts  to 
overthrow,  without  authority  of  law,  established  State  governments,  have 
very  little  scruple  in  that  direction — they  can  much  more  easily  reconcile 
their  views  of  duty  with  such  a  position  —  a  position  ''factional"  and 
"  revolutionary"  in  its  character,  to  use  the  gentleman's  own  terms.  We 
have  been  unaccustomed  to  efforts  of  that  kind.  But  those  who  have 
familiarized  themselves  to  it,  and  whose  habits  have  become  conformed 
to  such  courses  of  action,  doubtless  find  themselves  quite  free  from  any 
such  awkwardness.  Again,  there  is  another  view  of  the  subject  on  which 
the  gentleman  favored  us  with  some  perspicuous  reflections ; — recognizing 
his-  attitude,  as  a  member  of  this  body,  as  revolutionary,  and  without 
authority  of  law,  and  acknowledging  that  he  and  his  friends  might  not  be 
justified  in  taking  their  seats,  but  stating  that  they  were  here»for  the  sake 
(  104  ) 


Jan.  14th.]   AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.   [7th  Day. 

Adoption  of  the  Constitution  of  1864.— BEOOKS— CYPEET. 


of  imparting  to  the  menagerie  a  shade  of  respectability. — with  no  desire 
to  occupy  a  seat,  except  merely  for  the  purpose  of  saving  the  body  and 
the  State  from  utter  io^nominy  and  dissrrace :  that  thev  have  eno:a2:ed  in 
this  work,  not  to  assist  in  framing  an  organic  law,  conformably  to  the  act 
of  Congress,  and  consistently  with  the  interests  of  the  people,  but  simply 
to  rescue  the  reputation  of  the  State  from  infamy,  and  in  some  measure 
mitigate  the  disreputable  character  of  the  Convention !  AYe  present  our 
grateful  acknowledgments  I  Sir,  I  submit  that  the  position  occupied  by 
the  gentleman,  Avith  regard  to  the  Act  under  which  we  are  assembled,  is 
one  incompatible,  in  our  notion  of  the  matter,  with  a  high-minded,  hon- 
orable, statesmanlike  view  of  the  subject:  for  he  holds  that  the  very  Act, 
which  is  our  authority  for  assembling  here,  and  for  our  proceedings  from 
day  to  day,  is  not  only  erroneous  in  principle,  and  without  foundation  in 
law,  but  is  based  on  a  false  assumption  of  fact — that,  in  short,  the  enact- 
ment authorizing  the  call  of  the  Convention,  and  its  subsequent  proceed- 
ings, is,  from  beginning  to  end;  one  gigantic  falsehood. 

Mr.  CY^PERT.  I  will  correct  the  gentleman,  if  he  pleases.  I  said  the 
jrreamhle  to  the  Reconstruction  Act  was  a  stupendous  falsehood — as  great 
a  falsehood  as  ever  was  penned  on  so  much  paper.  That  is  the  language 
I  used.  Xothing  but  the  preamble  was  alluded  to.  Tlie  gentleman  will 
recollect  that  I  particularly  specified  the  preamble  as  being  a  stupendous 
falsehood. 

Mr.  BROOKS.  Y^e  might  have  been  saved  this  consumption  of  valua- 
ble time,  if  we  had  simph'  had  referred  to  our  consideration  the  veto-mes- 
sao-es  and  similar  documents  of  the  accidental  President  of  the  United 

o 

States.  Y^e  should  then  have  had  the  fact  and  argument  in  a  much 
more  clear  and  forcible  form,  and  divested  of  these  low  epithets  which  we 
have  received.  I  understand  the  gentleman.  Of  course,  if  the  very  open- 
ing and  foundation  of  the  whole  matter  is  a  falseliood.  that  which  follows 
is  false,  and  the  whole  thing  is  a  humbug.  That  is  the  substance  of  the 
gentleman's  remarks.  Of  course,  I  did  not  follow  him  into  all  the  details. 

We  were  treated,  *]Mr.  President,  to  some  interesting  statements  on 
other  matters.  Y^e  were  appealed  to,  to  refrain  from  epithets.  Y"e  were 
exhorted,  if  I  may  so  speak,  not  to  call  members  traitors.  Y^hy.  sir.  I 
submit  that  tliis  advice  was  all  gratuitous.  Y'^e  have  not  been  in  the  habit 
of  calling  men  traitors.  Since  these  gentlemen  surrendered  their  arms, 
suspended  their  military  opposition  to  the  Government,  returned  to  their 
homes,  proposed  to  render  obedience  to  the  laws, — so  far  forth  as  my 
information  extends,  at  any  rate, — Ave  have  not  been  accustomed  to  use  such 
epithets.  I  participated,  largely  in  the  recent  canvass  in  the  eastern  part 
of  the  State — in  the  First,  and,  to  some  extent,  in  the  Second  Congres- 
sional District.  I  never  heard  such  terms  employed  by  one  solitary  advo- 
cate of  reconstruction.    I  have  read  the  newspapers  upon  this  subject;  I 

(  105  ) 


1868.] 


DEBATES  AISTD  PEOCEEDINGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— BEOOKS. 


am  not  aware  of  one  single  paragraph  published  by  any  newspaper  in  the 
State,  that  has  applied  to  respectable  members  of  society  and  citizens  of 
the  State,  whatever  may  have  been  their  previous  position  and  career,  any 
such  expressions.  It  is  quite  unnecessary  for  gentlemen  to  offer  such 
appeals;  we  did  not  come  here  to  bandy  epithets;  we  did  not  come  here 
to  call  names,  or  to  make  faces,  I  repeat,  if  we  cannot  do  better,  for  our 
constituents  and  ourselves,  we  would  do  w^ell  to  remain  at  home,  or  to 
return  to  previous  places  of  residence.  As  to  sneers,  to  which  allusion 
was  made  at  the  time,  I  have  simply  to  say  that,  so  far  as  I  was  concerned, 
I  made  an  earnest,  honest,  and  persistent  effort  to  obtain  for  the  gentle- 
man a  respectable  hearing ;  and  so,  as  far  as  I  was  able  to  observe,  did  the 
other  members  of  the  Convention.  I  certainly  regretted,  exceedingly,  to 
be  compelled  to  change,  in  some  degree,  my  previous  estimate  of  honor- 
able gentlemen — at  least  of  the  gentlemen  opposed  to  us.  It  was  utterly 
impossible  for  me  to  suppress  the  emotion  of  contempt.  Certainly,  a  large 
portion  of  the  harangue  could  inspire  in  the  breasts  of  honorable  and  true 
men — true  to  the  flag  and  the  country,  true  to  the  interests  we  are  here 
to  represent — no  other  feeling  but  one  of  contempt.  We  will  be  par- 
doned, therefore,  I  hope,  for  any  apparent  ill-breeding  displayed  in  the 
matter;  we  honestly  tried  to  control  our  manners,  and  to  suppress  the 
uprisings  of  our  scorn  and  indignation. 

But,  sir,  I  do  not  desire  to  dwell  longer  upon  these  matters  of  explana- 
tion, further  than  to  notice  a  single  remark.  But  for  the  position  occupied 
by  the  honorable  gentleman,  and  apparently  assigned  to  him,  as  the  leader 
of  the  Opposition,  we  might,  perhaps,  have  passed  the  subject  by.  If  the 
language  which  he  has  used  had  appeared  in  some  of  the  Opposition 
journals,  we  should  have  paid  no  attention  to  it;  but  as  it  has  been  em- 
ployed in  the  course  of  the  proceedings  of  this  body,  it  may  be  held  to 
merit  a  passing  notice,  that  a  certain  portion  of  the  honorable  members 
of  this  Convention,  are  denounced  as  ^'carpet-sack  gentlemen,"  and  are 
invited  to  return  to  their  homes,  and  there  to  rerhain,  and  exhorted  to 
refrain  from  "coming  down  here"  to  assist  these  other  gentlemen  in 
managing  their  affairs!  Why,  sir,  but  for  the  surroundings  here,  that  I 
could  not  entirely  cast  off,  I  would  have  fancied,  for  a  moment,  that  we 
had  gone  back  the  space  of  a  few  years,  and  that  we  were  actually  having 
our  ears  again  saluted  with  the  cry  of  '61 — "Let  us  alone!" — "Let  us 
alone!" — "Do  not  interfere! — Do  not  disturb  us!  Allow  us  to  manage 
these  matters  for  ourselves  !  '  All  w^e  want  is,  to  be  let  alone  !'  "  And, 
going  back  yet  further,  those  familiar  with  sacred  history  will  remember 
that  the  cry  of  '61  was  but  the  reiteration  of  another,  raised  nearly  two 
thousand  years  ago,  when  certain  ones  said, — "  We  know  thee,  who  thou 
art;  let  us  alojieP^  ISTo,  sir,  we  proposed  in  '61, — acting  in  conformity 
with  the  provisions  of  the  Constitution,  and  under  the  powers  conferred 
(  106  ) 


Jan.  14th.]  AEKANSAS  COlSrSTITUTlO^^AL  CO^^YENTION.  [7th  Day. 


Adoption  of  the  Constitution  of  1864.— BROOKS. 


on  the  Government  of  our  common  country,— -if  we  could  not  by  argu- 
ment, if  we  could  not  by  appeal,  if  we  could  not  by  fraternal  influence 
upon  our  part,  induce,  upon  the  part  of  recreant  citizens  of  the  United 
States,  a  disposition  to  let  the  country  avd  the  Government  alone, — then  we  pro- 
posed to  come  down,  if  need  be — a  portion  of  us — and  others,  already 
here,  to  stand  up,  at  their  homes, — and  interfere  with  the  proceedings  of 
that  part  of  society,  so  far,  and  only  so  far,  as  was  necessary  to  the  pro- 
tection and  maintenance  of  the  Government  of  the  United  States,  and  the 
honor  of  the  old  flag.    And  we  have  no  hesitation  in  saying,  to-day,  in 
response  to  that  appeal,  in  the  first  place,  that  we  are  citizens,  Sindfellow- 
citizens — not  aliens,  not  refugees,  not  "  interlopers."    We  claim  to  be 
your  fellow-citizens ;  we  claim  no  superiority ;  we  are  perfectly  willing, 
even  with  regard  to  honorable  gentlemen  of  the  State  of  Arkansas,  on 
this  floor,  who  engaged  in  rebellion, — in  a  persistent,  gigantic  rebellion, 
unparalleled  in  the  history  of  government,  to  overthrow  that  of  the  United 
States — we  are  willing,  and  ever  since  the  hour  of  surrender  we  have  been 
willing,  to  admit  those  men  back  to  all  the  rights  and  immunities  of 
citizenship,  so  far  as  is  compatible  with  the  public  safety — willing  to  take 
them  by  the  hand,  and  say,  "Fellow-citizen!"    But,  I  ask,  are  we  to  be 
met,  here,  by  men  fresh  from  the  ranks  of  the  rebellion  to  the  Govern- 
ment, and  be  tolerated,  and  permitted  to  remain  in  Arkansas  with  the  pro- 
viso that  we  will  allow  them  to  govern  the  country  ?    And,  forsooth,  if  we, 
in  conformity  with  the  wishes  of  our  constituents,  propose  simply  to  par- 
ticipate in  the  framing  of  a  civil  government  here,  we  must  be  invited  out 
of  the  State  which  our  arms  and  our  blood,  and  the  lives  of  our  kindred, 
saved  from  the  ruthless  hand  of  treason  and  rebellion  !    ITo,  sir !  we  are 
not  here  by  sufferance  !    We  are  not  here  to  be  tolerated,  in  Arkansas  ! 
These  loyal  men,  who,  for  the  sake  of  the  Government,  and  freedom,  and 
right,  and  truth,  and  the  flag  under  which  we  have  assembled  to-day,  have 
suflered  the  loss  of  all  things  but  life  itself, — whose  homes  and  inherit- 
ances have  been  ravaged,  desolated,  destroyed,  by  armed  rebellion, — who 
have  been  waylaid  and  shot  at,  and  whose  friends  have  been  bushwhacked, 
through  all  this  land, — are  not  to  be  here  by  tolerance — the  tolerance  of 
whom? — of  gentlemen  whom  they  have  met  upon  the  battle-field,  and 
honorably  and  bravely  met,  and  conquered.    Are  these  honorable  gentle- 
men, who,  at  their  country's  call,  left  their  homes  in  a  more  northern 
region,  followed  the  flag  in  the  State,  and  brought  the  State  back,  like  a 
wandering  sheep  to  its  fold,  to  be  told  by  men  whom  they  have  met  in 
honorable  conflict,  and  nobly  conquered,  that  they  will  be  tolerated  in  re- 
maining here  with  their  carpet-sacks,  on  certain  conditions?    We  claim, 
as  was  claimed  by  my  honorable  colleague,  yesterday,  that,  as  citizens  of 
a  common  country,  we  are  guaranteed,  by  the  Constitution  of  that  coun- 
try, all  the  privileges  which  pertain  to  that  citizenship.    And  not  only  so; 

(  107  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Tuesday, 


Adoption  of  the  Constitution  of  1864.— BROOKS. 


but  we  announce — without  anything  like  menace,  but  simply  by  w^ay  of 
advertising  our  friends  of  the  Opposition,  upon  that  subject — that  we 
intend  to  remain  until  we  are  ready  to  go,  and  to  remain  at  all  hazards ! 
I  can  say,  Mr.  President,  that  loyal  men, — simply  for  the  sake  of  loyalty, 
of  fidelity  to  the  country,  its  flag,  its  institutions,  and  its  government, — 
have  left  their  homes  in  Arkansas  for  the  last  time !  If  an  issue  of  that 
kind  be  raised — if  it  come  to  that,  that  loyalty  must  be  denounced,  in  the 
halls  of  this  capitol,  simply  because  it  carries  a  carpet-sack — or  a  knap- 
sack, or  a  haversack — in  the  interests  of  the  United  States  Grovernment, 
and  not  in  that  of  a  bogus  government  organized  by  bloody-handed  rebel- 
lion— if  because  their  humble  wardrobe  be  borne  in  a  carpet-sack  or  a 
knapsack,  by  men,  some  of  whom  have  walked  hundreds  of  miles  to  this 
place,  to  represent  their  constituents — men  stripped  of  all  earthly  goods 
by  the  rebellion,— they  are  therefore  to  be  ]put  up  with,  by  these  gentlemen, 
only  on  conditions, — if  an  issue  of  that  kind  be  raised,  I  say,  we  meet  it, 
squarely,  here  and  now.  We  claim  the  light  to  be  here.  We  claim  it 
fraternally  ;  we  claim  it  with  the  kindest  feelings  toward  all  men  who  are 
willing  to  concede  to  us  our  guaranteed  rights  of  citizenship ;  but,  be  it 
again  said,  we  have  left  Arkansas  for  the  last  time  till  we  are  carried 
out !  If  I  may  be  permitted  to  allude  personally  to  myself,  I  will  say  that 
I  claim,  equally  with  the  honorable  gentleman,  citizenship  on  this  soil. 
I  am  not  an  interloper — even  with  the  beginning  of  the  war.  M}^  eccle- 
siastical identification, — which  is  my  personal  identification,  as  far  as  resi- 
dence is  concerned — which  is  my  only  identification  with  any  locality, 
under  the  system  with  which  I  have  been  professionally  connected, — has 
been  with  Arkansas.  I  have,  for  years,  in  Arkansas, — before  the  light- 
ning struck  us  at  Sumter, — participated,  in  part  or  in  whole,  in  the  sufier- 
ings  and  privations  which  have  been  borne  for  right  and  law  and  freedom; 
and  I  was  chosen,  by  the  ecclesiastical  body  with  which  I  am  connected, 
in  this  State,  as  one  of  two  representatives  of  the  State  of  Arkansas,  in 
one  of  the  most  important  and  dignified  ecclesiastical  conventions  in  this 
nation.  My  colleague  was  unable  to  leave  home,  by  reason  of  the  same 
spirit  that  even  now  repeats  its  menaces  in  this  hall.  But  a  few  days  after 
my  return  from  Buflalo,  that  man — a  man  who  never  trod  free  soil  in  his 
life — as  patriotic  a  citizen  as  any  that  ever  trod  the  soil  of  Tennessee  or 
Arkansas — was  mobbed  and  hung,  under  the  simple  accusation  that  he  was 
loyal  to  the  old  flag!  We  intend,  sir,  to  treat  all  gentlemen  in  this  body, 
and  all  citizens  of  the  State,  fraternally,  kindly,  and  respectfully;  but, 
most  of  all,  those  of  us  who  are  thus  denounced — for,  of  course,  notwith- 
standing the  statement  which  I  have  made,  I  shall  be  classed  with  those 
technically  denominated  carpet-sack  men — be  it  so — but  then,  speaking 
for  that  class,  I  have  to  say  that  for  the  loyal  men  of  this  State,  residents 
of  the  soil  when  the  war  culminated,  no  man  breathes  the  atmosphere  of 
(  108  ) 


Jan.  14th.]  AEKANSAS  CONSTITUTIOXAL  CONYEXTIOX.  [7th  Day. 


Adoption  of  the  Constitution  of  1864.— BROOKS. 


this  sunny  South,  who  cherishes  a  more  profound  respect,  a  more  deathless 
fidelit}^,  than  do  we.  And  when  to  ns,  in  the  bordering  State  upon  the 
north — though  surrounded  with  treason,  rebeUion,  and  menace,  and 
treated  to  promises  of  a  nice  swing,  by  our  neighbors,  without  ceremony, 
upon  the  apple-trees  of  our  own  back  yards, — after  we  had  succeeded 
in  rolling  back  the  tide  a  few  paces,  the  cry  arose,  from  these  men  of 
Arkansas, — "  Come  up  and  help  us  !" — we  left  house  and  home,  wives  and 
children,  and  everything  dear  to  men,  and  under  the  impulse  of  patriot- 
ism, and  feeling  that  the  pulsations  of  the  hearts  of  these  loyal  natives  of 
Arkansas  were  in  harmony  with  our  own,  we  came  to  mingle  our  prayers, 
our  tears,  our  sympathies,  our  efforts,  and  our  blood,  with  theirs,  and  side 
by  side  with  theirs  to  lay  down  our  friends.  Upon  this  soil  we  buried  our 
kindred  on  the  bloody  field ;  and  around  their  graves  we  will  cluster,  and 
maintain  these  principles,  or  perish  in  the  struggle ! 

I  intended,  however,  sir,  to  have  invited  your  attention  chiefly  to  two 
leading  points  of  this  discussion.  I  shall  do  so  very  briefly,  from  the  fact 
that  my  honorable  colleague  [Mr.  Grey]  has  eloquently — I  am  proud  to 
say,  for  my  County,  successfully,  triumphantly,  in  the  estimation  of  the 
honorable  members  of  this  body,  and,  I  am  fully  persuaded,  of  the  intelli- 
gent community — maintained  our  ground  against  the  Opposition,  especially 
on  one  of  these  topics.  And  yet  I  note  it,  in  passing.  We  understand,  of 
course,  sir,  the  real  motives  of  honorable  gentlemen  on  the  other  side  of 
the  hall.  It  is  not  that  they  entertain  toward  us,  personally,  the  feelings 
of  vindictiveness  or  hate,  which  their  language,  taken  at  first  hearing, 
might  seem  to  indicate.  I  know,  sir,  it  is  impossible  they  should.  I  me^rn 
to  saj'  that  in  the  main,  the  loyalists  of  Arkansas  maintain  an  attitude  and 
pursue  a  line  of  policy  which  addresses  itself  to  the  common  sense,  the 
common  conscience,  and  the  common  honor  of  all  right-minded  men. 
But,  sir,  it  is  for  the  purpose  of  defeating  the  great  leading  measures  of 
the  Eepublican  party,  in  the  reconstruction  of  civil  government  in  this 
State,  that  this  course  is  resorted  to,  and  this  condescension  to  mere  epithet 
and  denunciation  is  exhibited  on  the  part  of  honorable  gentlemen.  A 
double  issue  is  presented  :  first,  the  enfranchisement  of  the  citizens  of 
Arkansas,  without  respect  to  race,  color,  or  previous  condition.  AYe  know 
full  well,  and  have  known,  from  the  beginning,  whatever  ma}'  have  been 
the  temporary  professions  of  honorable  gentlemen,  here  and  elsewhere, 
when  this  reconstruction  measure  was  first  inauo-urated  in  the  State  of 
Arkansas — we  know  full  well  that  at  the  bottom,  at  the  core,  they  have, 
from  the  first,  been  irrevocably,  in  their  feelings  and  purposes,  in  opposition 
to  the  enfranchisement  of  these  honorable  o^entlemen  of  color  on  this  side 
of  the  room,  and  the  twenty-two  thousand  voters,  and  over  one  hundred 
thousand  of  the  laboring,  producing  population  of  the  State,  whom  these 
gentlemen  represent.    We  have  known,  from  the  beginning,  that  they 

(  109  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Tuesday, 


Adoption  of  the  Constitution  of  1864.— BROOKS— CYPEKT. 


resisted  this  measure  at  every  step;  that  they  exhausted  not  only  all  the 
resources  of  statesmen,  but  all  the  resources  of  politicians,  also,  to  defeat 
it.  We  accept  the  condition  ;  we  accept  it  with  all  the  epithets  they  may 
pile  upon  us,  with  all  the  load  of  the  prejudice  of  generations.  They  may 
confront  us,- here  and  elsewhere,  with  such  slang  as  that  which  has  been 
employed,  in  regard  to  the  odor  of  our  members,  and  our  constituents.  I 
have  onl}^  to  say,  sir,  that  if  I  am  to  elect  between  the  two — since  honorable 
members  and  opponents  resort  to  such  a  line  of  remark  as  this — if  I  am  to 
choose  between  the  odor  of  my  constituents  and  the  smell  of  treason,  whicli 
"  smells  to  heaven,"  I  affiliate  over  this  way,  to  all  eternity!  [Laughter 
and  applause.] 

Mr.  CYPEE.T.  The  gentleman's  remarks  seem — as  he  is  replying  to 
me — to  indicate  that  I  have  used  such  language  as  he  cites,  in  regard  to 
the  negroes  of  this  Convention.  I  have  used  no  such  expression,  relative 
to  the  party,  as  "  odor,"  or  anything  of  that  kind.'  The  gentleman  has 
alluded  to  such  remarks  as  having  been  employed  in  this  body  ;  and, 
replying  to  me,  it  may  be  supposed  he  refers  to  me.  I  denoqnce  it,  so  far 
as  I  am  concerned,  as  not  true. 

Mr.  BROOKS.  The  Congress  of  the  United  States  has  provided  that 
we  may  re-establish  civil  government  in  the  State  of  Arkansas  upon  certain 
conditions.  One  leading  condition  of  the  reorganization  and  re-establish- 
ment of  civil  o^overnment  in  this  State — a  consummation  for  which  we 
most  devoutly  desire  to  labor — is  that  we  shall  do  this  very  thing  which 
the  honorable  opponents  of  the  policy  denounce  as  unconstitutional, 
impracticable,  and  wrong  per  se.  We  hold  that  it  is  constitutional.  The 
Congress  of  the  United  States  have  so  decided.  We  intend  to  m,ake  it 
practicable,  and  that  these  honorable  gentlemen,  and  all  who  sympathize 
with  their  sentiments,  shall  feel  and  know  it  to  be  practicable,  to  re-estab- 
lish civil  government,  and  to  recognize  the  rights  of  men  of  color,  as  well 
as  of  white  men.  We  cannot  succeed  in  re-establishing  civil  government, 
under  the  Act  of  Congress,  in  any  other  way.  This  fact,  these  gentlemen 
perfectly  understood ;  and  their  eflbrt,  therefore,  is  to  defeat  reconstruction 
ill  Mo.  Therefore  it  is  that  they  make  these  appeals  to  the  prejudices  of 
ages  in  regard  to  this  subject.  Of  the  provisions  of  the  Constitution,  and 
the  history  of  the  country,  upon  the  subject  of  negro  franchise,  it  is  unne- 
cessary for  me  to  say  a  word.  That  was  fully  answered  by  my  honorable 
colleague,  yesterday.  But  we  accept  this  issue,  frankly,  freely,  and  fully, 
and  will  "  light  it  out  on  this  line."  We  must  have  reconstruction  on  this 
basis,  of  course,  or  not  at  all.  We  intend  to  reconstruct;  and  we  intend 
that  these  colored  men  upon  this  floor,  who  compare  favorably  with  the 
average  of  the  representatives  of  any  quarter  of  the  State,  loyal  or  disloyal, 
white  or  black,  shall  enjoy  the  rights  to  which  they  are  entitled  as  men— 


(  110  ) 


Jan.  14th.]  AEKANSAS  CONSTITUTIONAL  CONVENTIOK   [7th  Day. 


Adoption  of  the  Constitution  of  1864.— BKOOKS. 


the  "  ignorance"  which  the  gentleman  urged,  in  his  argument  of  yesterday, 
to  the  contrary  notwithstanding. 

The  other  real  source  of  hostility  on  the  part  of  the  Opposition,  here  and 
elsewhere,  to  the  policy  which  we  support  in  the  contest,  though  not 
openly  avowed  or  directly  presented,  we  know  full  well  to  exist ;  and  we 
accept  that  also.  It  is,  that  this  reconstructed^  reinaugurated  civil  govermnent 
will  be  administered  hy  men  true  to  the  country  and  its  flag.  We  are  not  the 
party  of  proscription ;  we  are  not  disposed  even  to  disfranchise,  beyond 
what,  in  the  judgment  of  the  National  Congress  and  of  the  loyal  men  of 
this  State,  is  absolutely  essential,  in  order  to  secure  the  public  peace  and 
safety.  And  we  did  hope,  especially  at  the  opening  of  this  reconstruction 
movement,  that  these  gentlemen  would  manifest  a  disposition  which  woukl 
justify  the  loyal  citizens  of  Arkansas,  through  their  representatives  on  this 
floor,  in  avoiding,  as  far  as  possible,  all  disfranchisement,  and  in  securing 
the  removal,  through  the  agency  of  Congress,  at  the  earliest  period,  of  all 
disability  which  now  attaches  to  any  citizen  of  the  State,  by  reason  of 
National  legislation.  But,  sir,  if,  in  the  progress  of  this  movement,  facts 
should  be  developed  which  shall  change  our  views,  defeat  our  hopes,  and 
overthrow  our  purposes,  in  that  particular,  we  shall  mourn  any  necessity 
that  may  arise,  to  fix,  to  any  considerable  extent,  in  the  organic  law  of  the 
State,  a  disfranchisement  of  any  portion  of  its  inhabitants,  beyond  that 
imposed  upon  us  by  the  authority  under  which  we  now  proceed.  But  that 
we  do  intend  that  this  Government  shall  be  administered  by  men  true  to 
the  Government,  and  true  to  the  principles  of  hberty  and  equality  before 
the  law,  we  not  only  admit,  but  frankly  proclaim  in  this  hall.  These  our 
purposes  we  hope  to  attain ;  and  we  do  believe  that,  with  our  efforts 
properly  put  forth,  and  our  strength  properly  organized,  throughout  the 
State,  we  shall  triumphantly  secure  the  adoption  of  the  form  of  government 
to  be  presented  by  this  Convention,  and  shall,  under  that  Constitution, 
elect  a  ticket  which  shall  represent  it,  fairly  and  fully,  before  the  people. 
Armed,  as  we  are,  with  argument  as  potent  as  civilization  itself,  against 
all  the  accumulated  prejudice  of  ages,  we  believe  we  can  succeed  before 
the  people  of  the  State  of  Arkansas.  We  did  succeed  in  carrying  the 
State  for  the  Convention  ;  we  intend  to  frame  a  Constitution  which  shall  so 
address  itself  to  the  patriotism  and  good  sense  of  every  man,  irrespective 
of  his  previous  position,  views,  and  purposes,  so  adapted  to  the  exigencies 
of  the  present  hour,  a  Constitution  so  tending  to  develop  the  resources  of 
the  State,  the  freedom  and  enfranchisement  of  the  people,  that  no  sensible 
citizen  can  consistently  refuse  to  ratify  it.  But  we  believe  that  in  so 
doing  we  shall  place, — or,  rather,  continue, — in  possession  of  the  State 
Government,  loyal  men,  men  whom  the  honorable  gentleman  on  the  other 
side  of  the  hall  so  much  admires.  If  it  be  found  necessary,  in  order  to 
secure  the  approval  of  the  honorable  member,  and  his  constituents  of  the 

(  111  ) 


1868.] 


DEBATES  Al^B  PEOCEEDINGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— BEOOKS. 


loyal  county  of  White,  we  might  renominate  the  present  incumbent  of  the 
Executive  chair.  Certainly,  his  age,  his  abilities,  his  tried  patriotism,  would 
justify  such  a  course;  and  if  the  gentleman  and  his  friends  be  sincere  in 
their  admiration  of  the  loyal  Government  of  Arkansas,  and  of  the  incum- 
bents of  State  positions,  we  might  accommodate  them, — as  far  as  we  can 
consistently,  at  any  rate, — in  order  to  secure  reconstruction  without  oppo- 
sition. Perhaps,  could  we  continue  to  discuss  these  propositions  for  a  few 
days,  we  might  reach  so  happy  a  result.  We  should  be  sincerely  glad  to 
do  so,  at  least  as  regards  men  who  did  stand  up,  as  is  claimed,  ancl  resist 
treason,  secession,  and  rebellion ;  and  however  gentlemen  may  have 
faltered,  afterward, — now  that  they  find  themselves  surrounded  by  more 
auspicious  circumstances,  and  when,  hereafter,  they  shall  find  themselves 
backed  up  by  twenty-two  thousand  loyal  colored  votes,  superadded  to  the 
white  voters  of  the  State — votes  which  are  not  in  the  market,  and  which 
cannot,  as  was  yesterday  intimated,  be  bought — the  votes  of  men  who  may 
possibly  be  occasionally  misled,  and  browbeaten,  but  never  purchased — 
backed  up  by  these,  gentlemen  may  find  it  advantageous,  and  in  harmony 
with  their  original  purposes  of  loyalty,  to  go  back  to  the  deserted  hearth- 
stone, and  resume  a  position  in  the  now  broken  circle  of  the  family  of 
loyalty  !  And  when  they  are  ready  so  to  do — we  do  not  make  these  pro- 
fessions as  an  empty  sound,  but  from  our  heart  of  hearts — when  they  are 
ready  to  do  this,  then,  sir,  to  every  returning  prodigal  we  bid  welcome — 
Ave  will  run  to  meet  them  as  they  come,  and  if  we  find  reason  to  believe 
them  sincere,  we  will  throw"  our  arms  about  them,  kill  the  fatted  calf,  and 
do  for  them  all  that  we  may,  consistently  with  the  public  security ;  and, 
when  they  have  stood  out  their  probation,  at  all  events,  we  will  put  the 
rings  upon  their  fingers,  and  the  seal  of  ofiicial  position  upon  their  brows, 
if  need  be.  But,  of  course,  they  ought  to  satisfy  loyal  men  of  their 
unequivocal  conversion,  before  they  shall  be  admitted  to  full  communion. 
These  purposes,  sir,  are  fixed  in  the  minds  and  hearts  of  the  loyal  people 
of  Arkansas. 

The  honorable  member  deprecated  strife.  None  deprecate  it  more 
than  we.  The  loyal  men  of  this  Convention  and  State  are  not  men  of 
blood.  They  are  not  bullies.  They  have  been  educated  in  a  different 
school.  They  have  been  trained  under  different  influences.  They  enter- 
tain no  bitterness,  no  vindictiveness.  We  give  to  the  winds  all  those 
feelings,  and  shall  rejoice  when  the  hour  arrives  that  they  shall  be  with 
the  dead,  and  with  the  dead  forever.  All  we  ask  is,  that  we  may  be  per- 
mitted to  go  forward  in  this  great  work,  in  conformity  with  the  provisions 
of  the  Act  of  Congress,  the  exigency  of  our  situation,  the  demands  of 
advancing  civilization — in  conformity  with  the  demands  of  freedom  and 
franchise  everywhere — of  manhood  suffrage.  We  invite  the  gentleman, 
and  his  associates,  to  co-operation,  and  assure  them  that  they  shall  not  be 
(  112  ) 


Jail.  14tli.]  AEKANSAS  CONSTITUTIONAL  CONVENTION.   [7tb  Day- 


Adoption  of  the  Constitution  of  1864.— HI^s^DS— HICKS. 

treated,  when  they  shall  thus  return  to  their  fidelity,  and  to  correct  prin- 
ciples and  policy,  other  than  as  men  honorable,  and  faithful,  and  true. 
[Applause.] 

Mr.  HICKS  obtained  the  fioor;  when 

Mr.  HENDS  said  :  I  wish  to  withdraw  the  motion  to  refer  the  Ordinance 
to  the  Committee  on  the  Penitentiary.  I  move  the  previous  question  ; 
and  upon  that  motion  I  call  for  the  yeas  and  nays. 

Mr.  HICKS.  I  do  hope,  sir,  after  two  such  eloquent  speeches  as  we 
have  listened  to  from  gentlemen  of  the  majority,  we  shall  be  permitted  to 
be  heard  upon  some  of  the  questions  raised  in  the  debate. 

The  PRESIDENT.  The  gentleman  from  Prairie  [^h\  Hicks]  has  the 
floor,  and  is  at  liberty  to  proceed  with  his  remarks. 

Mr.  HICKS.  I  stand  here  as  one  of  the  representatives  from  the  County 
of  Prairie,  in  the  attitude  of  an  American  citizen,  whose  onlj  interest,  and 
the  only  interest  of  whose  constituents,  to-day,  is  the  good  of  our  com- 
mon country,  and  the  perpetuation  of  its  government.  I  am  one  of  those 
who  have  never  been  in  rebellion  against  the  authority  of  the  United 
States.  I  have  ever  been  faithfal  to  the  flag  of  the  Hnited  States.  I  have 
looked  upon  the  folds  of  that  flag  in  a  foreign  country,  when  it  brought 
joy  to  my  heart,  and  filled  it  with  admiration  and  pride.  The  bold  hue 
of  the  red  seemed  to  announce,  as  it  blazed  from  its  standard,  that  I  stood 
protected,  how  far  soever  I  might  wander  from  my  home,  by  the  strong 
arm  of  the  Government;  the  white  promised  that  my  country  would  ren- 
der me  justice;  while  the  blue  ground,  with  its  galaxy  of  stars,  reminded 
me  that  if  I  should  render  the  obligations  of  a  citizen  and  a  patriot,  I  should 
in  the  future  receive  the  reward  of  my  fidelity. 

I  am  not  accustomed  to  forensic  debate.  This  is  the  first  time  that  I 
have  ever  appeared  before  a  deliberative  hodj.  And  I  desire  to  say,  at  the 
outset,  in  entering  upon  this  discussion,  that  I  am  not  here  to  bandy  epi- 
thets, one  way  or  another.  I  do  not  rise  to  reply  to  the  gentleman  from 
Phillips  [Mr.  Brooks],  or  to  answer  for  the  gentleman  from  White  [Mr. 
Cypert].  I  come  not  to  deal  in  personalities;  my  business  is,  if  possible, 
to  render  some  service  to  my  constituents. 

I  am  one  of  those  few  who  have  deemed  the  present  State  Constitution 
of  Arkansas  sufficient  for  myself,  and  sufficient  not  only  for  me  and  mine, 
but  for  the  entire  population  of  the  State.  The  question  chiefly  at  issue 
is  that  of  the  extension  of  the  elective  franchise.  On  any  other  point  I 
suppose  there  would  be  but  little  difference  of  opinion.  The  provisions  of 
the  present  Constitution  are  identical  with  those  of  the  Constitution  of  Ohio, 
and  several  other  States,  with  the  exception  made  in  the  last  clause  of  the 
instrument.  When  the  first  Reconstruction  Bill  was  passed  in  Congress, 
in  1864,  the  members  elect  from  the  loyal  States  of  Arkansas  and  Louisiana 
were  in  Washington,  demanding  admission  as  Representatives  of  those 

8  (  113  ) 


1868.] 


DEBATES  AND  PKOCEEDIJSTGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— HICKS. 


States.  They  were  refused  admittance,  on  the  ground,  as  Mr.  Stevens 
stated  it,  that  the  people  of  Arkansas  and  Louisiana  were  under  the  govern- 
ment of  military  authority,  the  ground  taken  being  in  accordance  with  the 
decision  of  the  Supreme  Court,  in  the  case  of  California,  where  Gen.  Persifer 
Smith  had  called  together  the  Legislature  of  the  country,  and  the  Legis- 
lature so  assembled  had  adopted  revenue  laws,  which  laws  the  Supreme 
Court  declared  null  and  void.  Mr.  Stevens  assumed  the  ground  that  a 
State  under  military  authority  could  not  form  a  Constitution,  and  ought 
not  to  receive  admission.  Upon  these  grounds  Arkansas  was  kept  out 
of  Congress.  The  bill  to  which  I  have  referred,  was  presented  to  Mr. 
Lincoln,  for  his  approval,  having  passed  both  Houses;  and  on  the  9th  of 
July,  Mr.  Lincoln,  in  a  peculiar  proclamation — whether  addressed  to  Con- 
gress or  the  people, — announced  to  the  people  and  to  Congress,  although 
Congress  had  adjourned,  that  the  bill  had  been  tendered  to  him  only  one 
hour  before  the  adjournment;  and  that,  consequently,  he  had  not  time  to 
prepare  his  objections  to  it;  but  added,  that  he  would  assist  Congress  in 
any  reasonable  or  advisable  measures  for  the  accomplishment  of  recon-. 
struction,  except,  only,  in  the  case  of  the  States  of  Arkansas  and  Louisiana, 
which,  he  said,  already  possessed  loyal  State  governments — the  Constitu- 
tions of  those  States,  he  said,  had  been  adopted  under  the  Constitution  of 
the  United  States,  and  he  could  not  let  them  go  for  nought. 

That,  however,  as  I  have  said,  is  practically  an  outside  issue.  The  main 
issue  is  that  of  the  franchise.  I  desire  to  consider  that  question  without 
prejudice,  and,  certainly,  without  mingling  any  personalities  with  the  dis- 
cussion. Mankind,  as  we  are  all  well  aware,  is  divided  into  several  sepa- 
rate and  distinctly  marked  races,  classified  as  the  Caucasian,  the  Mongolian, 
the  American  or  Lidian,  the  Malay,  and  the  African.  Among  them  all,  sir, 
no  republican  form  of  governmmt  has  ever  been  established,  except  by  the  Cau- 
casian race.  Even  among  that  race,  it  has  been  established  only  by  a 
struggle  against  power,  protracted  through  centuries  of  blood.  Various 
countries  of  Europe  have,  from  time  to  time,  endeavored  to  establish  a 
republican  form  of  government;  yet  at  this  day  but  one  republic,  as  we 
understand  the  term,  exists  in  Europe.  There  is  the  insignificant  republic 
of  San  Marino,  which  has  been  permitted  to  stand  for  hundreds  of  years, 
because  it  is  so  small  and  so  poor  that  its  poverty  protects  it.  It  is  but  about 
forty  miles  square;  and  it  is  said  there  is  no  man  in  it  worth  more  than 
seven  hundred  dollars.  Within  our  recollection,  almost,  France  has  formed 
two  gigantic  republics ;  established  them  through  blood,  and  given  them 
away  without  an  efibrt  to  retain  them.  The  people  of  that  nation  have 
abundantly  proved  their  incompetency  to  maintain  a  republican  form  of 
government.  The  conception  of  liberty,  with  them,  is,  the  right  to  seize 
the  property,  or  cut  oW  the  head,  of  any  man  who  may  chance  to  be  in 
their  way.  A  question  which  may  seem  morally  insignificant,  but  which 
(  114  ) 


Jan.  14tli.]  AEKAXSAS  COXSTITUTIOXAL  COXTEXTIOX.    [7th  Day. 


Adoption  of  tlie  Constitution  of  1864.— HICKS. 


quickly  swells  to  gigantic  proportions. — the  question  of  bread, — always 
recalls  them  from  their  dre^ims  of  liberty.  They  were  tremendous  repub- 
licans until  they  got  hungry  and  wanted  bread:  then  they  were  easily  led 
away  by  the  glittering  show  of  military  glory  and  display. 

The  gentleman  from  Phillips  [Mr.  Grey]  yesterday  said  we  were  eight 
hundred  years  in  educating  ourselves  up  to  our  present  position.  If  it 
took  my  race  eight  hundred  years  to  work  ourselves  up  to  our  present 
position,  I  am  perfectly  willing  to  concede  that  he  and  his  race  shall 
enjoy  the  same  privileges  when  they  shall  have  gone  through  the  same 
ordeal.  I  accord  to  that  gentleman  more  talent  than  any  gentleman  on 
that  side  of  the  house,  probaljly  more  than  I  have  myself — he  is  certainly 
a  talented  gentleman,  and  one  who  understands  this  question,  probably 
because  it  has  been  his  interest  to  study  it  more  closely  than  I  have  done; 
and  there  are  many  other  honorable  exceptions  to  the  ordinary  capacity 
of  that  race — men  of  talent, — I  may  say,  men  of  genius.  But  whether 
they  received  their  abilities  from  the  negro  race  or  the  Caucasian,  I  am 
unable  to  tell :  I  believe,  however,  and  have  the  vanity  to  feel  r|_uite  well  con- 
vinced, that  it  came  from  the  Caucasian  blood  in  their  veins.  I  will  admit 
that  there  have  been  many  learned  Africans,  great  Africans.  But  the 
instances  commonly  cited,  are  by  no  means  those  needed  in  order  to  sus- 
tain the  argument.  Hannibal  was,  indeed,  an  African:  but  was  he  of  the 
negro  race?  His  hair  was  straight;  he  had  high  cheek-bones;  he  was 
not  black.    Xeither  was  he  a  white  man,  but  something  of  a  walnut-color. 

Sir,  the  race  to  which  I  belong,  is  that  which,  in  the  first  struggle  for 
its  liberty,  wrested  the  Magna  Charta  from  King  John  at  the  point  of  the 
sword.  The  history  of  its  liberty,  from  that  era,  was  a  succession  of  scenes 
of  blood,  up  to  the  date  of  the  birth  of  our  own  independence,  in  1776. 
That  was  the  school  through  which  the  Anglo-Saxon  race,  the  most  gifted 
in  intellect,  the  most  favored  in  circumstances,  of  any  division,  even  of  the 
Caucasian  family,  has  passed,  before  it  succeeded  in  the  achievement  of 
republican  liberty.  In  those  eight  hundred  years  we  have  been  slowly 
ljuilding  the  foundations  of  this  mighty  republic — for  I  may  well  say  its 
real  history  goes  back  to  that  remote  age.  Though  the  existence  of  such 
a  government  as  ours  was  then  beyond  the  dreams  of  the  future,  yet  it  is 
the  principles  then  enunciated  that  we  have  for  those  eight  centuries 
been  developing  and  striving  to  maintain.  W^hat  has  the  negro  race 
accomplished  during  that  period,  or,  indeed,  during  the  whole  period  of 
their  existence  on  earth?  T\niere  is  its  language  ?  AVhere  is  its  literature? 
\Vhere  are  its  arts,  its  sciences?  Where  are  its  commercial  interests,  its 
ships,  its  flag?  It  has  none.  I  repeat,  it  has  none!  And  I  will  venture 
the  assertion,  that  no  gentleman  upon  this  floor  ever  heard  of  a  conven- 
tion being  called,  in  Africa,  for  any  other  purpose  than  to  practise  the 
Fetish  rite,  to  roast  their  enemies  and  eat  them,  or  to  sell  them  to  the 

(  ) 


1868.] 


DEBATES  Al^J)  PEOCEEDINGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— HICKS. 


Spanish  or  American  slaver.  The  sale  of  slaves  formed  their  chief  source 
of  profit ;  and  that  race  is  now  indebted  to  the  free  white  nations  of  the 
world  for  the  suppression  of  that  outgrowth  of  the  barbarism  of  their  own 
race.  They  would  steal  their  fellows  to-day,  carry  them  into  the  fi.esh- 
markets,  and  sell  them,  if  they  could  find  purchasers.  I  speak  this  with 
no  shade  of  ill-feeling;  all  this  is  their  misfortune.  My  own  race  has, 
doubtless,  sprung  from  barbarism.  Whether  it  came  from  the  Goth,  the 
Visigoth,  the  Vandal,  or  whether  from  the  Danish  pirate,  or  the  Norman 
robber,  I  know  not.  It  is  not  my  interest,  nor  do  I  care  to  inquire.  All 
I  do  know  is,  that  in  America  we  represent  a  proud  and  glorious  race. 
We  have  borrowed  our  independence  from  the  Indian  of  the  forests  of 
America;  from  its  tall  trees  and  from  its  gigantic  mountains  and  mighty 
rivers.  We  have  borrowed  our  independence  from  nature.  If  the  negro 
race  is  competent  to  exercise  the  elective  franchise,  I  say  the  aboriginal 
Indian  race  of  America  is  equally  fit.  Our  ancestors  have  practised  fraud 
upon  the  Indian  race  ever  since  the  landing  of  the  Pilgrims  on  Plymouth 
Rock.  They  have  driven,  them  out  from  their  homes;  they  have  mur- 
dered them  in  the  highways  and  bj^ways;  and  when  we  come  here  to  talk 
of  phihmthrop}^,  none  of  us  dare  go  back  to  our  great-grandfathers. 

The  negro  race  has  tried  the  experiment  of  a  republic  in  ITayti.  What 
has  been  the  result  of  that  experiment?  Within  my  recollection,  the 
mulattoes  of  Hayti  established  a  republican  government;  and  in  a  short 
time  afterward,  Soulouque,  making  himself  the  leader  of  the  blacks,  over- 
threw the  republic,  created  an  imperial  government,  and  placed  a  Yankee, 
from  Maine,  whose  name  at  this  moment  escapes  me,  as  First  Prince  and 
First  Counsellor  of  the  Empire.  Soulouque  proved,  it  must  be  said,  the 
best  ruler,  although  very  cruel,  that  the  island  ever  had.  He  was  said  to 
have  been  a  runaway  from  Florida.  On  his  heels  came  Geftrard.  During 
the  period  of  Gefl:rard's  presidency,  I  remember  that  a  colored  man  of 
my  State,  a  barber,  and  a  very  intelligent  man,  and  well  read  in  some 
departments  of  law,  said  to  me,  one  day,  "  I  can  see  no  opening,  in  this 
country,  for  a  black  man."  I  remarked  to  him  that  in  his  place,  and  with 
the  abilities  that  he  possessed,  I  should  go  to  Hayti.  He  went.  His  name 
was  Henderson.  He  is  now  Judge  Henderson,  of  the  Haytien  Supreme 
Court.  But, — to  resume  my  statement  of  the  history  of  this  negro  repub- 
lic,— the  blacks  became  dissatisfied  with  GefiTrard.  He  was  a  cruel  and 
vindictive  man.  He  cut  ofli'  the  hands  of  his  enemies,  burned  their  toes 
in  the  fire,  and  inflicted  many  similar  barbarities.  General  Salnave  raised 
an  insurrection  against  him,  supported  by  the  entire  black  population  of 
the  island,  deposed  Geffrard,  and  established  another  republican  govern- 
ment. A  short  time  after  the  establishment  of  this  government,  Salnave 
had  placed  in  prison  every  man  of  any  prominence,  opposed  to  his  admin- 
istration, including  the  various  generals  of  the  army.  The  Congress  was 
(  116  ) 


Jan.  Uth.]   AEKAXSAS  CO^'STITniOXAL  COXYE^^TIO^'.   [Ttli  Day, 


Adoption  of  the  Constitution  of  1864.— HICKS— BEADLE Y. 


in  session,  and  passed  a  resolution  requiring  the  liberation  of  these  pris- 
oners. TThat  followed  ?  The  ••President"'  of  that  great  ••republic.'"''  at 
the  head  of  a  eroAvd  of  women  and  children,  went  to  tlie  place  of  meeting 
of  the  ••  Congress."'"  drove  them  out  of  their  own  halls,  and  himself  as- 
sumed the  reins  of  government.  At  the  last  accounts  thev  were  trying 
to  light  that  matter  out  ••  on  that  line.'"  I  don't  know  whether  the  women 
and  children  Avhipped  the  soldiers,  or  not  ;  it  is  a  question  that  yet  remains 
to  be  determined. 

I  proclaim  this  principle,  which  I  lay  down  as  a  political  truth  :  no  men 
on  the  face  of  the  globe  are  capable  of  maintaining  a  republican  form  of 
government,  except  those  of  the  white  race.  And  as  evidence  of  that  fact, 
I  may  refer  to  the  numerous  republics  of  South  America,  where  the  blood 
of  other  races  is  largely  mixed  with  that  of  the  vrhites.  Y'hat  are  those 
republics?  They  are  simply  machines  for  efiecting  robbery.  Their  gen- 
erals are  men  raised  from  bandits.  The  Presidents,  to-day.  of  a  number 
of  those  repidjlics  were,  but  a  few  years  ago,  bandits  in  the  mountains. 
They  have  a  revolution,  there,  nearly  every  time  the  moon  changes — as  a 
variety.  They  have  not  the  hrst  conception  of  the  nature  of  republican 
government.  Mexico — the  ••  sick  man  "'"  of  Xorth  America — look  at  her  I 
^Vhj,  sir.  it  would  take  a  cyclopaedia  to  keep  up  with  her  revolutions. 
You  would  have  to  establish  a  steam-press,  to  publish  her  manifestoes ! 

I  came  not  here  with  the  purpose  of  saying  anything  unkind  to  any 
gentleman.  I  hope  I  have  avoided  doing  so.  I  protest,  in  all  sincerity.  * 
against  granting  to  the  negro  race  the  elective  franchise.  I  will  admit 
that  there  are  a  few  of  them  who  understand  our  political  system.  But 
they  are  Vtvy  few.  That  they  do  not.  is  their  misfortune.  It  is  no  fault 
of  mine.  I  do  not  feel  that  I  have  a  right,  with  the  responsibility  of  the 
oath  which  I  have  taken  here,  to  risk  the  lives  and  happiness  of  my  people 
in  their  hands.  I  am,  therefore,  honestly  and  conscientiously  opposed  to 
the  movement. 

Mr.  BEADLET.  I  do  not  wish  to  detain  the  Convention  vuth  any- 
thing like  a  speech.  I  think,  sir,  that  too  much  time  has  already  been 
consumed  in  the  discussion  of  this  question.  My  un(lerstanding  was,  that, 
on  yesterday,  the  only  question  before  the  House  Avas  a  motion  to  refer 
the  Ordinance  to  a  certain  Committee  :  whereupon  a  discussion  sprang  up, 
and  the  questions  in  issue  between  the  two  great  political  parties  of  Amer- 
ica, have  been  very  extensively  discussed, — whieli  I  really  thought  was 
out  of  order.  And  as  the  waters  have  been  very  much  troubled,  I  think 
it  may,  perhaps,  be  well  to  pour  on  a  little  oil.  I  regret,  exceedingly, 
that  so  much  bitterness  and  strife,  so  much  animosity,  has  been  manifested 
upon  both  sides  of  the  house.  I  did  not  come  here,  as  a  delegate  to  this 
Convention,  to  engage  in  that  kind  of  discussion.  I  did  not  come  here 
as  a  partisan,  to  make  war  upon  anybody.    My  people  did  not  expect  it 


1868.]  DEBATES  AiND  PEOCEEDINGS  OF  THE  [Tuesday, 

Adoption  of  the  Constitution  of  1864.— BKADLET. 


of  me  when  they  sent  me.  I  came  here  under  the  provisions  of  the  Mili- 
tary Bill — the  reconstruction  plan  put  forth  by  Congress, — to  make  an 
honest  effort  to  organize  a  permanent  State  government  in  Arkansas.  I 
came  upon  the  hypothesis  that  Arkansas  had  no  permanent  State  govern- 
ment ;  I  believe  it  to-day.  1  came  here  because  I  indorsed  the  recon- 
struction plan,  as  set  forth  hj  the  Act  of  Congress;  I  indorse  it  to-day. 
I  came  here  because  I  believed  that  Arkansas  had  been  taken  out  of  the 
Federal  Government;  that  she  had  never  regularly  been  taken  back.  I 
advocated  these  views  in  my  County  and  elsewhere ;  I  am  here  to  advocate 
them  to-day. 

This  Constitution,  the  adoption  of  which  is  proposed  by  the  Ordinance 
under  consideration,  is  that  which  has  commonly  been  known,  all  over 
the  country,  as  "the  bogus  Constitution."-  And  although  it  was  adopted 
on  the  18th  of  April,  1864 — the  same  identical  day  on  which  I  was  re- 
adopted  as  a  citizen  of  the  United  States,  by  taking  the  oath  of  amnesty, — 
I  never  believed  it  should  be  recognized  as  the  organic  law  of  the  State, 
by  which  we  were  to  be  governed  in  our  future  legislation.  I  was  of  this 
opinion  for  several  reasons,  which  I  shall  proceed  briefly  to  state. 

Had  we  been  recognized,  by  the  United  States,  as  a  State, — as  possess- 
ing an  organic  law,  and  a  permanent  State  government, — had  we  never 
lost  our  status  in  the  Union,  there  never  would  have  been  a  "military 
bill " — there  could  have  been  no  "  reconstruction  plan  "  conceived  of,  by 
the  wise  men  in  the  halls  of  Congress.  And  I  confess  I  have  been 
disgusted  with  the  high-wrought  theories  which  I  have  heard,  from  men 
of  different  parties,  as  to  whether  or  not  Arkansas  had  ever  been  out  of 
the  Union.  The  only  way  to  arrive  at  a  correct  "(Conclusion,  is  to  look  at 
the  fads,  as  they  are,  and  not  as  we  would  fain  have  them.  If  Arkansas 
was  never  out  of  the  Union,  how,  in  the  name  of  Heaven,  did  it  happen, 
that  within  the  circle  and  under  the  jurisdiction  of  the  United  States  of 
America,  two  different  flags  floated  in  mortal  combat  for  four  long  years? 
If  Arkansas  was  never  out  of  the  Union,  why  was  it  that  the  forts  and  ar- 
senals— the  arsenal  in  your  own  city,  here — were  regarded  as  in  the  hands  of 
the  enemy  of  the  United  States  ?  Whether  Arkansas  ivas  out  of  the  Union, 
in  fact,  and  whether  she  had  a  right  to  be  out  of  the  Union,  are  two  differ- 
ent questions.  If  a  thief  comes  to  my  house,  and  steals  my  horse  out  of 
the  stable,  while  I  am  asleep,  and  if  I  thereupon  pursue  him,  and  after  he 
.  has  run  my  horse  through  four  or  five  counties,  I  overtake  him,  and 
recover  my  horse,  it  would  be  a  very  high-wrought  theory,  to  insist  that 
because  the  thief  had  no  right  to  my  horse,  the  horse  had  therefore  never 
been  gone  from  the  stable  !  When  I  have  overtaken  the  man,  and  rescued 
the  horse  from  his  tViievish  hands,  I  have  the  right  to  take  the  horse 
^  back,  and  dispose  of  him  as  I  think  proper.  The  truth  is,  we  lost  all 
protection  of  the  United  States  Government,  and  passed  from  under  its 
(  118  ) 


.Tan,  14th.]   AKKAXSAS  COXSTITUTIOXAL  COSYESTIOS.   [7th  Day. 


Adoption  of  the  Constitution  of  1S64, —  BRADLEY. 


jurisdiction.  AVe  set  up  a  kind  of  de  facto  government. — as  the  lawyers 
call  it. — in  the  days  of  the  Confederacy,  and  inaugurated  a  reign  of  terror, 
plunder,  devastation,  and  ruin,  throughout  our  country.  I  recognize  the 
right  of  the  United  States  to  control  Arkansas,  although  at  one  time  I  was 
dressed  in  erey.  and  was  in  Confederate  ranks.  I  never  believed  in  the 
principle  of  secession.  I  don't  believe  in  it  to-day.  Xor  do  I  want  to  see 
a  new  rebellion  inaua'urated  in  this  Convention.  I  want  to  see  union  :  I 
want  to  see  concentrated  action,  to  see  the  members  of  this  Convention,  of 
every  shade  of  politics,  united  together  and  workins:  together,  not  for  the 
destruction  of  antagoriistic  parties,  but  for  the  upbuilding'  of  this  country. 

I  object  to  this  Constitution  of  1S64. — which  this  Ordinance  proposes 
to  adopt. — as  a  bogus  Constitution.  Its  preamble  declares  that  "  We.  the 
people  of  Arkansas,  having  the  rieht  to  establish  for  ourselves  a  constitu- 
tion in  conformity  with  the  Constitution  of  the  United  Sates  of  America. 
and  so  forth.  Who  icere  ^' the  people  of  the  State  of  Arkansas, that 
formed  that  Constitution?  The  fact  is.  that  the  gentleman  who  repre- 
sented County  in  that  Convention,  was  electe<:l  by  five  men.  under  the 
shade  of  a  tree  somewhere  in  this  town  !  And  I  understand  that  three 
other  gentlemen  got  together,  who  were  from  a  county  entitled,  accord- 
ing to  the  apportionment,  to  two  members  in  the  lower  House,  and  a 
Senator  ;  and  they  three  elected  the  entire  delegation  of  three,  which  con- 
sisted of  themselves  I  And  this  Constitution  was  almiost  perfected  before 
we  so  much  as  heard,  in  my  County,  that  a  Convention  was  in  session,  or 
the  formation  of  a  Constitution  contemplated :  and  when  we  did  hear  it. 
we  did  not  know  by  whom  we  ^vere  represented  in  the  body  that  was  en- 
gaged in  framing  it!  Five  men.  elected  under  the  shade  of  an  oak.  in 
Pulaski,  were  representing  us  !  There  were  large  counties,  in  the  southern 
part  of  the  State,  that  never  heard  of  the  proceedings  of  that  Convention 
for  months  after  the  Constitution  was  said  to  have  been  adopted .'  Does 
that  preamble  state  the  truth,  when  it  says.  •*  ^Ve.  the  people,  of  the  State 
of  Arkansas  ?"" 

Let  us  look  a  little  further  at  this  Constitution  of  1S64.  The  fifth  sec- 
tion provides.  That  all  elections  shall  be  free  and  eqaal.''  AVhat  do  you 
mean  by  "  equality  "  in  elections,  when  three  men  are  to  elect  the  represen- 
tatives of  fifteen  hundred  voters  ?  To  frame  that  instrument  was.  perhaps, 
the  best  that  could  be  done  to  establish  a  temporary  government  here, 
until  further  steps  could  be  taken.  But  what  does  it  mean  when  it  de- 
clares that  ■•all  elections  shall  be  //vf:?''  Free?  Xo,  sir:  the  people  of 
many  counties  had  not  the  po>rer  to  march  to  those  bogus  ballot-boxes 
that  were  lying  at  the  root  of  the  trees  of  Little  Piockl  If  we  liked  this 
Constitution,  we  wanted  the  right  to  approve  it.  Many  of  the  men, 
whose  names  are  affixed  to  it.  have,  very  likely,  never  again  seen  the 
constituents  whom  they  aftected  to  represent. 

{  119  ) 


1868.]        '       DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Adoption  of  the  Constitution  of  1864.— BEADLEY. 


When  the  war-storm  had  passed,  and  quiet  once  more  pervaded  the 
State  of  Arkansas,  we  wanted  the  opportunity  to  come  here,  and  coolly 
and  quietly  to  deliberate.  I  say  toe  wanted  the  opportunity  to  come  here; 
for  a  State  Convention,  as  I  understand  it,  is  the  "people^  represented  by 
their  chosen  delegates.  In  the  Convention  of  1864,  the  people  were  not 
represented  by  their  chosen  delegates;  and  the  Constitution  which  was 
there  framed  was  not  the  work  of  the  people,  directly  or  indirectly. 
Then,  as  we  seemed  to  have  impediments  in  the  way  of  organizing  a 
genuine  State  government.  Congress  came  to  our  relief,  and  made  pro- 
vision that  we  might,  in  the  nature,  as  it  were,  of  a  spontaneous  uprising 
of  the  people,  take  measures  to  gather  a  Convention,  and  adopt  a  Consti- 
tution in  conformity  with  the  Constitution  of  the  United  States  of  America. 
Could  this  be  the  instrument  which  we  should  thus  assemble  to  adopt? 
E"o,  sir  !  At  the  time  when  this  Constitution  was  adopted,  the  great  issue, 
upon  which  two  millions  of  men  went  into  the  earth,  had  not  yet  been 
settled;  the  beam  was  tottering,  and  it  was  unknown  which  way  the  scale 
would  fall.  It  could  wot  accept  the  final  issue  of  the  great  American  strug- 
gle. It  was  adopted  on  the  18th  of  April,  1864.  The  Confederate  armies 
never  laid  down  their  arms  till  the  Spring  of  1865.  How,  then,  do  you 
expect  that  a  few  men,  caught  up  here  and  there, — refugees,  principally, 
from  their  homes — without  an  opportunity  of  consulting  their  constitu- 
encies,— could  frame  a  constitution  adapted  to  the  state  of  things  which 
was  to  exist  after  the  war  had  closed,  and  the  different  races  made  to  oc- 
cupy another  position  towards  each  other  ?  It  was  a  monstrous  assump- 
tion of  theirs !  I  would  suppose  that  for  the  most  enlightened  and  far- 
seeing  bod}'  of  men  in  the  w^orld,  to  so  anticipate  the  emergency  that 
should  arise  after  the  war  should  be  over,  as  to  frame  a  form  of  govern- 
ment which  should  at  once  harmonize  with  the  condition  of  the  country 
and  with  what  should  then  be  the  state  of  the  Constitution  of  the  United 
States, — which  was,  in  consequence  of  the  war,  constantly  receiving 
amendments, — would  require  a  forecast  and  wisdom  more  than  human. 

But  I  have  yet  another  objection  to  this  Constitution  of  1864.  "ISTo 
man,"  it  provides, 

Shall  be  taken  or  imprisoned,  or  disseized  of  his  free  hold,  liberties,  or 
privileges,  or  outlawed  or  exiled,  or  in  any  manner  destroyed,  or  deprived  of 
his  life,  liberty,  or  property,  but  by  the  judgment  of  his  peers  or  the  law  of 
the  land." 

What  do  I  understand  by  ''peers?"  The  right  of  trial  by  jury  is  one 
that  we  intend  to  guarantee,  in  the  Constitution,  to  every  citizen.  I 
understand  by  "  peers,"  a  man's  equals.  Were  I  indicted,  arraigned,  and 
to  be  tried  for  my  life,  I  should  expect  to  be  tried  by  my  equals.  I  would 
protest, — most  solemnly, — against  trial  by  my  superiors  or  inferiors.  If 
(  I'^O  ) 


Jan.  Uth.]  ARKANSAS  COXSTITUTIOXAL  COSTE'STIOS.   [7th  Day. 


Adoption  of  the  Constitution  of  1864. — BEADLEY. 


you  make  tliese  colored  members  amenable  to  law.  and  indict  and  arraign 
them,  in  the  courts  of  the  country,  and  if  they  are  so  inferior  to  the  wbite 
race,  are  they  being  tried  by  their  peers,  when  tried  by  a  jury  of  twelve 
intelligent  white  men?  Xo.  sir;  I  am  in  favor  of  thieir  being  tried  by 
men  of  their  own  race.  Is  it  too  mucb  ?  If  the  Constitution  means  what 
it  says,  then  we  have  a  right  to  be  tried  by  our  peers. — our  equals.  There 
was  no  such  provision  under  the  Constitution  of  1864. 

Sir,  I  desire  to  remark  upon  one  other  point.  AVe  have  an  important 
work  to  achieve,  here.  AVe  need  to  be  recognized  and  re-established,  as 
a  State.  VTe  have  to  form  an  organic  law  by  which  unborn  generations 
are  to  be  governed  and  guided.  I  hold  that  the  members  of  this  Con- 
ventiun  have  no  riglit  to  engage,  in  this  Convention,  in  a  warfare  among 
ourselves,  even  when  carried  on  between  factions  on  one  and  the  other 
side  of  the  house.  T\^hen  we  are  thus  engaged,  we  are  simply  gratifying 
the  most  hellish  passion  that  ever  rankled  in  the  human  heart,  and  gratify- 
ing it  at  the  expense  of  our  constituents.  I  do  not  like  many  things  that 
have  been  said,  on  both  sides.  I  do  not  like  this  comparison  of  abilities. 
If  any  of  the  colored  members  are  superior,  in  talent,  to  myself,  please 
be  modest  enough  not  to  throw  it  in  my  face  in  a  public  place  !  These 
comparisons  are  odious.  [Laughter.]  This  is  not  the  time  to  deal  with 
these  questions  that  tend  to  awaken  so  much  bitterness.  I  did  not  intend 
to  make  a  speecli:  but  I  do  want  to  rebuke  the  style  of  argument  which 
has  been  used  here  for  the  past  two  days.  The  questions  discussed  have 
not  properly  come  before  us.  '^Vhen  they  come,  it  will  be  time  enough 
to  discuss  them;  and  you  will  find  me  at  the  right  place.  True,  I  sit  by 
the  side  of  my  friend  here  [Mr.  Cypert.]  Our  relation  is  personal  and 
social.  It  is  understood  that  lie  belongs  to  one  political  party,  and  I  to 
another;  and  many  men.  I  suppose,  have  thought  we  couldn't  sit  so  close 
together,  without  my  making  him  a  Eepublican  or  his  making  me  a 
Democrat.  A\^ell.  if  the  law  of  absorption  is  to  obtain.  I  shall  be  certain 
to  take  him  up  and  make  a  Republican  of  him,  for  I  have  most  capital  to 
start  on.  [Laughter.]  But.  seriously,  I  am  opposed  to  the  style  of  argu- 
ment which  we  have  seen  exhibited  here.  I  care  nothing  where  a  man 
comes  from.  AVhen  I  came  to  Arkansas,  twenty  years  ago.  the  State  had 
been  heterogeneously  settled,  from  Virginia.  Georgia,  Xorth  Carolina,  and 
even  from  the  snow-capped  hills  of  XewEnokmd;  and  some  of  tlie  oldest 
residents  of  Arkansas  are  Xew  England  men.  V^e  did  not  fall  out.  I  care 
nothing,  I  say,  where  a  man  comes  from  ; — it  is  not  his  name.it  is  not  his 
nativity,  it  is  his  moral  character,  and  his  true  status  before  the  country, 
by  which  I  estimate  him.  And  one  of  the  reasons  why  I  am  glad  that 
that  great  monster.  Slavery,  is  dead,  is,  that  it  was  a  curse  to  tiie  wliite 
race.  I  believe  that  slavery  was  a  curse  to  the  whites;  just  as  I  believe 
that  freedom  is  going  to  prove  a  curse  to  the  black  race.    In  the  days  of 

(  121  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— BRADLEY. 


slavery,  a  man  was  to  be  estirriated  by  the  number  of  negroes  he  owned ; 
or,  if  a  young  man  was  going  courting,  the  first  question  was,  how  many 
did  his  father  own.  [Laughter.]  I  rejoice,  sir,  that  that  day  is  past;  and 
I  do  trust  that  the  day  has  come  when  the  worth  is  to  be  the  measure  of 
the  man.  An  Irishman,  it  is  said,  was  once  twitted,  by  another,  who 
learned  that  he  was  born  in  Limerick,  while  all  the  nobility  were  natives 
of  Cork.  "  You're  born  in  Limerick !"  "  Faith,  I  am,  but  I  could  have 
been  born  in  Cork  if  I'd  wanted  to!"  [Laughter.]  Mr.  Douglas  said  it 
made  no  difference  where  a  man  was  born,  provided  he  emigrated  early 
enough.  I  was  myself  born  in  the  fall  of  the  year,  and  so  was  born 
further  north.  If  I  had  known  that  cold  weather  was  coming  on,  I  should 
have  come  to  Arkansas  to  be  born.  [Laughter.]  Sir,  we  have  not  assembled 
here  to  indulge  in  these  personalities.  My  own  doctrine  is  that  loyal  men 
shall  rule  this  country.  I  commit  myself  to  no  policy  that  is  to  drive  this 
or  that  man  from  the  country,  because  he  is  from  the  northern  lakes  or 
from  the  southern  seas.  Whether  he  w^as  born  in  Maine  or  Florida,  he 
has  a  right — especially  if  he  has  come  here  through  blood,  and  over  dead 
bodies — he  has  a  right  to  be  here,  and  to  participate  in  the  counsels  of  the 
State.  Although  an  adopted  citizen  of  twenty  years'  standing,  I  recognize 
the  legitimate  right  of  a  freeman,  who  came  here  in  obedience  to  the  laws 
of  his  country,  to  all  the  privileges  of  a  citizen.  It  was  not  his  fault  that 
he  came  here;  it  was  ours.  All  I  want  is,  that  he  shall  be  a  little  modest 
after  he  comes  here  [Laughter] ;  and  we  will  do  the  same.  We  cannot 
inaugurate  two  policies,  two  general  interests,  in  this  State.  What  is  your 
interest  is  mine;  and  whatever  a  majority  of  this  body  sees  fit  to  enact, 
will  be  the  law  for  us  all;  and  if  any  benefit  shall  arise  therefrom,  I  and 
my  family,  who  are  fixtures  in  the  State  of  Arkansas,  will  reap  the  same 
benefit.  If  I  believed  in  a  policy  ruinous  to  the  country,  I  would  be  the 
murderer  of  my  wife,  the  partner  of  my  bosom,  and  my  children,  the  fruit 
of  my  loins.  But  I  propose  that  we  unite  together.  I  do  not  intend,  for 
one,  to  throw  obstructions  in  the  way  of  the  accomplishment  of  what 

^  ^  should  be  our  coaimon  object.  I  do  not  propose  to  engender  strife  by  the 
unnecessary  discussion  of  disputed  questions,  in  this  preliminary  stage  of 
our  proceedings.    Gentlemen,  in  the  name  of  everything  that  is  good, 

'  'y  ^  cease  from  these  epithets — do  not  raise  agitation  so  early  in  the  history  of 
our  Convention !  For  one,  I  intend  to  show  respect,  in  my  remarks,  to 
every  gentleman;  and  if  any  shall  then  use  remarks  personally  ofiensive 
to  me,  I  advertise  him  that  he  is  incurring  a  bond  of  personal  obligation, 
for  which  I  will  hold  him  to  a  fearful  account.  I  will  give  no  insult ;  I 
will  take  none :  and  I  will  hold  every  man  to  the  same  course.  I  was 
sorry  to  hear  the  motion  to  commit  this  subject  to  the  Committee  on  the 
Penitentiary.  It  was  not  the  proper  course.  Let  the  Ordinance  go  to  its 
proper  committee;  and  if  not  reported  upon  by  that  committee,  it  would 
(  122  ) 


Jan.  14th.]  AEKAXSAS  CO^'STITUTIOXAL  COXVEXTIOX.    [7th  Day. 


Adoption  of  the  Constitution  of  1S'j4. — DTTVALL. 


die  in  tlie  proper  place.  If  it  sliould  corne  back,  from  the  coniniittee.  we 
should  have  an  opp''>rtu?iitY  to  investigate  its  merits,  and  dispose  of  it  as 
we  should  see  proper.  Have  we  come  here  to  disgrace  ourselves  in  the 
reports  of  the  press  ?  Have  we  come  to  give  an  endorsement  of  the  de- 
nunciatory epithets,  of  kar^garoos.'"  and  tigers.'"'  and  ''beasts.''  that 
have  been  lavished  upon  us?  Have  we  indeed  come  to  snap  and  growl 
at  one  another,  and  so  to  justify  these  attacks?  I  enter  my  solemn  pro- 
test, that  //wy  teeth  shall  not  be  shown — tiger-  or  wolf-like.  Let  us  pur- 
sue another  course,  one  chosen  only  with  reference  to  the  interests  and 
honor  of  the  country,  and  the  credit  of  ourselves. 

ADJOTRXMEXT. 

Mr.  HIXKLE  moved  to  adjourn. 

The  question  was  taken  ;  and  the  motion  was  not  agreed  to. 

srsPExsiox  or  rules. 

Mr.  MOXTGOMERY  moved  that  the  rules  be  suspende<l.  in  order  that 
Mr.  Smith  might  be  allowed  to  introduce  a  resolution. 

The  question  was  taken  ;  and  the  motion  was  not  agreed  to. 

ALOPTIOX   OE   COXSTITUIIOX   OE  ISci — RESUMED. 

Mr.  HIXE)5  asked  permission  to  withdraw  the  motion  to  refer  the 
Ordinance  under  consideration,  to  the  Committee  on  the  Penitentiary. 
Xo  objection  being  made. 
The  motion  was  withdrawn. 

Mr.  BEOOKS  moved  that  the  Ordinance  be  rejected. 

'Sh\  DL^VAEL.  I  am  not  here  for  the  purpose  of  making  speeches.  I 
have  not  been  raised  for  that.  I  have  been  Ijrought  up  at  the  tail  end  of 
a  plough.  I  am  here,  to-day.  if  I  knr.w  myself,  with  no  other  object  than 
to  represent  the  interests  of  the  people  of  the  State  at  large.  I  do  not 
propose  to  deal  in  any  of  the  vile  epithets  which  have  been  employed 
here.  I  wish  to  see  peace  and  harmony  restored  to  our  country.  And. 
being  one  of  those  of  whom  my  friend  from  Phillips  [Mr.  Brooks]  has 
spoken,  that  left  their  homes  and  families,  all  that  was  sacred  and  dear 
to  man.  to  follow  the  stars  and  stripes  that  to-day  float  from  this  capitol,  I 
occupy  a  different  position  from  that  of  any  man  on  this  floor.  I  sacrificed 
the  hard  earnings  of  my  life,  my  life  I  perilled  through  four  years  of  bloody 
warfare,  in  defence  of  the  bunion  and  Constitution  of  the  United  States. 
I  am  here,  to-day.  asking  for  the  maintenance  of  that  for  which  I  fought. 
This.  sir.  is  all  that  I  ask.    This.  sir.  is  all  that  I  ask  I 

(  123  ) 


1868.] 


DEBATES  AND  PEOCEEDHSTGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— DTJYALL. 


The  gentleman  from  Phillips  [Mr.  GtRey]  asked  for  the  rights  of  his 
race ;  and  he  refers  us  to  Massachusetts,  as  one  of  the  States  of  this  Union 
which  has  granted  them  their  rights.  In  the  first  place,  I  assume  the  posi- 
tion that  the  colored  race  are  not  citizens  of  the  United  States;  and 
secondly,  I  deny  that  they  have  the  right  to  exercise  the  elective  franchise. 
I  would  simply  ask  that  gentleman, — how  far  has  Massachusetts  extended 
that  franchise  to  his  race  ?  Were  the  members  of  that  race  in  Arkansas 
this  day  transferred  to  Massachusetts,  how  many  of  them  would,  under 
the  Constitution  of  that  State,  be  permitted  to  exercise  the  right  of  suf- 
frage ?  It  is  well  known  that  in  Massachusetts  no  man  is  allowed  to  vote 
who  cannot  read  the  Constitution  of  the  United  States.  Upon  the  ques- 
tion of  citizenship,  it  is  only  necessary  to  say  that  Congress  itself,  which 
has  constituted  itself  the  peculiar  champion  of  your  race,  has  said  that 
you  are  not  citizens.  The  Fourteenth  Amendment  to  the  Constitution  has, 
for  one  of  its  main  objects,  the  declaration  that  you  shall  be  citizens  of  the 
United  States.  When  you  shall  have  become  citizens,  then  no  State  will 
have  the  power,  practically,  to  deprive  you  of  the  right  of  suffrage,  since 
that  right  is  in  that  Amendment  guaranteed  to  every  citizen,  by  conditions 
which  tend  to  force  universal  suffrage  upon  every  State. 

The  gentleman  said,  in  the  second  place,  that  Congress  had  agreed  to 
give  to  his  race  the  right  of  suffrage.  Congress  agreed  to  give  it  to  them. 
I  ask,  where  does  Congress  get  its  power  to  give  you  that  right  ?  The 
Constitution  of  the  United  States  is  the  organic  law  of  this  government. 
That  Constitution  cannot  be  altered  or  amended,  except  by  consent  of 
three-fourths  of  the  States.  But,  unfortunately  for  us,  Congress — that 
portion  of  the  representatives  of  the  ^Nation,  claiming  to  be  Congress — 
have  set  themselves  up  as  the  Government — legislative,  executive,  and 
judicial ;  and,  sadly  for  us  and  for  the  country,  many  who  have  gone  with 
me,  through  this  bloody  struggle,  side  by  side,  claiming  to  contend  for  the 
Union  and  the  Constitution,  are  looking  to  Congress  as  the  only  law-power 
that  exists  in  the  nation,  and  are  willing  to  concede  to  them  the  authority 
to  enact  laws  in  violation  of  the  Constitution,  and  of  the  solemn  decisions 
of  the  Supreme  Court  of  the  United  States.  Gentlemen,  you  are  conced- 
ing the  exercise  of  a  power  that  will  uproot  the  very  foundations  of 
American  liberty,  and  leave  us,  as  we  are  to-day,  under  the  domination  of 
military  tyranny.  Whatever  may  be  said  of  the  prediction  which  I  ven- 
ture, the  facts  that  I  state  cannot  be  denied. 

The  gentleman  further  proceeded  to  claim  the  elective  franchise  for  his 
race,  as  a  reward  for  their  service,  l^ow,  sir,  it  is  known  to  every  gentle- 
man in  this  body,  that  the  exercise  of  the  right  of  suffrage  has  been  con- 
fined to  a  class.  Upon  the  same  principle  which  the  gentleman  urges,  I, 
or  another,  might  well  set  up  a  claim  to  the  elective  franchise,  in  behalf  of 
those  young  men,  those  boys,  who  left  the  State  of  Arkansas,  left  their 
(  1^4  ) 


Jan.  14th.]   AEKAXSAS  COXSTITUTIOXAL  CO^^YENTIOX.   [7th  Day. 


Adoption  of  the  Constitution  of  1864.— DUYALL— BEOOKS. 


fathers,  their  mothers,  and  their  homes,  and  wound  their  way,  with  me, 
through  the  wilderness,  to  follow  the  stars  and  stripes,  for  the  mainten- 
ance of  the  Union.  I  might  claim  for  them  that  privilege,  from  the  rising 
to  the  setting  of  the  sun,  and  from  year  to  year — it  will  never  be  given  to 
them  till  they  shall  have  arrived  at  the  age  of  twenty-one. 

I  would  recall  to  you,  sir,  the  purpose  which  Congress  and  the  Presi- 
dent declared  to  be  the  object,  and  the  sole  object,  in  the  prosecution  of 
the  war.  Gentlemen  all  well  know  that  the  Government  had  taken  the 
position  that  no  State  had  the  right  to  secede.  I  held  the  same  theory; 
and  I  still  hold,  to-day,  that  no  State,  though  she  may  arm  herself  in 
rebellion  against  the  Federal  Government,  and  may  for  a  time  succeed  in 
withstanding  the  authority  of  the  nation,  has  the  right  to  dissolve  her 
connection  with  that  Government,  and  to  throw  off  the  allegiance  which 
she  owes  to  it.  So  Congress  declared;  so  the  President  declared.  The 
President  asked  for  volunteers.  He  called  upon  the  loyal  men  of  the 
country  to  crush  the  rebellion,  and  to  sustain  the  power  of  the  Federal 
Government  over  the  whole  territory  of  the  Xation.  And  we  responded 
to  the  call.  Did  not  that  Government  sacrifice,  to  the  accomplishment  of 
this  object,  half  a  million  of  lives  ?  Do  not  the  bones  of  those  who  fell  in 
that  great  cause,  to-day  lie-  bleaching  on  the  soil  of  every  State  where 
rebellion  raised  its  head  ?  How  many  hundreds  of  millions  of  dollars  did 
they  spend  to  sustain  that  principle?  They  did  sustain  it.  'We  followed 
that  flag  to  the  crushing  of  the  rebellion ;  and  Congress,  at  the  end  of  the 
war,  acknoAvledged  that  these  States  had  never  been  out  of  the  Union. 
Their  acts  were  the  evidence  of  that  acknowledo-ment.  Mv  friend  from 
Phillips  [Mr.  Brooks]  denied  that  Congress  had  ever  acknowledged  it.  I 
affirm  that  they  did  so  acknowledge,  in  submitting  to  these  States  tlie 
C  o  n  s  t  i  t  u  t  i  o  n  a  1  A  m  e  n  d  m  e  n  t  s . 

Mr.  BROOKS.  I  will  correct  the  gentleman.  He  is  mistaken  in  the 
point  he  makes.  He  understood  me  to  say  that  these  States  had  not 
been  out  of  the  Union.  I  did  not  speak  of  that  point.  In  answer  to  the 
gentleman  from  White  [Mr.  Cypert],  who  spoke  yesterday,  I  said  that 
Congress  had  not  recognized,  without  qualification,"  the  validity  of  the 
Provisional  Government  of  the  State  of  Arkansas,  as  a  government. 

Mr.  DUVALL.  I  understood  the  gentleman  to  say  this.  The  gentle- 
man from  White  said,  yesterday,  if  I  am  not  mistaken,  that  we  had  a 
State  government  which  had  been  acknowledged  and  recognized  by  the 
Federal  authorities ;  and  I,  this  morning,  understood  the  gentleman  from 
Phillips,  in  reply  to  him,  to  deny  that  the  State  Government  of  Arkansas 
had  ever  been  recognized  by  Congress.  I  may  be  mistaken,  but  I  do  not 
think  I  am. 

I  repeat,  that  in  submitting  the  Thirteenth  and  Fourteenth  Amend- 
ments to  tlie  Constitution — if  I  had  the  documents  before  me  I  vrould 

(  125  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Tuesday, 


Adoption  of  the  Constitution  of  1864.— DUYALL. 


give  the  language  used  by  Congress,  but  it  is  familiar  to  you  all, — the 
expression  employed  was,  that  of  a  submission  to  the  States;  and  in  all 
the  official  papers  on  the  subject  of  ratification  of  those  Amendments, 
reference  is  made  to  the  States  which,  by  their  legislatures,  have  accepted 
the  Amendments.  In  the  report  submitted  to  Congress  upon  the  sub- 
ject of  the  proposed  Fourteenth  Amendment,  in  reply  to  a  resolution  of 
inquiry,  after  a  statement  that  "the  following  named  States  "had  rati- 
fied the  Amendment,  succeeded  the  statement  that  "  the  following  named 
States"  had  rejected  it,  viz.,  Virginia,  ITorth  Carolina,  South  Carolina, 
Florida,  Arkansas,  Texas,  Mississippi,  and  Louisiana.  I  do  not  profess 
to  give,  literally,  the  language  of  the  paper;  but  I  do  quote  it  in  sub- 
stance. Sir,  if  this  submission  of  amendments  to  the  Constitution,  to  be 
ratified,  did  not  constitute  a  recognition  of  the  existence  of  State  govern- 
ments, why,  in  the  name  of  Heaven,  did  they  mock  us,  and  the  nation,  by 
the  submission  ?  Sir,  they  did  recognize  us  as  a  State.  They  sustained 
the  principle  upon  which  the  war  was  made,  and  which  it  enforced. 

But  the  end  was  not  accomplished,  of  afifording  citizenship  to  the  colored 
race.  How  recently,  indeed,  was  the  scheme  mooted  !  Where  do  we  find 
the  first  meeting  of  any  body  of  considerable  importance  that  proposed 
the  enfranchisement  of  that  race?  Hamilton,  of  Texas,  says,  that  when 
he  submitted  the  proposition  to  the  people  of  that  State,  he  did  not  re- 
ceive a  respectable  notice.  He  then  went  to  Washington  City,  and,  in 
consultation  with  a  few  other  loyal  citizens  of  the  South,  determined  to 
call  a  convention.  That  Convention  assembled  in  Pennsylvania,  in  Sep- 
tember, 1866;  and  there,  for  the  first  time  in  the  history  of  this  Union, 
was  advocated  the  principle  of  the  enfranchisement  of  blacks.  Yet  my 
friend  yesterday  said  that  Congress  had  given  them  a  solemn  promise  that 
such  enfranchisement  should  be  bestowed. 

Sir,  why  w^as  this  done?  I  claim  to  stand  here  as  an  honest  man,  as- 
piring to  no  position ;  God  knows  I  prefer  the  life  of  an  honest  farmer  to 
dabbling  in  politics — for  I  take  the  position  that  no  man  can  be  a  success- 
ful politician  without  blending  with  his  action  more  or  less  corruption. 
In  all  sincerity  of  heart  I  say  that,  in  my  opinion,  such  men  as  Hamilton, 
and  many  kindred  spirits,  aspiring  to  office,  saw  plainly  that  they  could 
not  control  the  governments  of  their  respective  States,  unless  by  enfran- 
chising the  colored  race ;  and  that  they  set  about  the  accomplishment  of 
that  result,  on  no  other  grounds,  and  from  no  other  reasons,  than  these. 
They  claim  that  it  is  done  for  the  protection  of  the  loyal  men  of  the  South. 
Gentlemen,  if  that  is  the  kind  of  protection  that  our  friends  /rom  the 
I^Torth  are  giving  us,  I,  for  one,  that  claim  to  be  a  loyal  citizen, — one,  sir, 
who  bears  upon  his  back  no  mark  of  disloyalty,  past  or  present, — ask  them 
to  cease  their  protection  !  I  think  we  are  capable  of  taking  care  of  our- 
selves, if  they  will  quietly  suffisr  us  to  do  so,  and  will  cease  this  agitation 
(  126  ) 


Jan.  14tb.]   AEKAISTSAS  CONSTITUTIOjSTAL  CONYENTIOK  [Tth  Day. 


Adoption  of  the  Constitution  of  1864.— DU  VALL. 


of  universal  suffrage  amongst  us.  Sir,  when  the  war  ended,  the  Kebel 
armies  surrendered  upon  terms ;  they  returned  to  their  homes ;  and  I  am 
proud,  to-day,  to  say  to  you  that,  though  they  fought  you  and  me  manfully 
up  to  the  close  of  the  struggle,  w^e  have,  since  that  time,  had  a  peaceable 
and  quiet  community,  composed,  for  the  most  part,  of  honorable  men, 
willing  to  submit  to  the  laws  of  their  country.  I  represent  here,  to-day, 
such  a  community ;  and  I  desire  to  see  the  interests  of  those  men  equit- 
ably taken  into  consideration.  Had  they  been  disposed  to  control  this 
Convention,  the  majority  of  the  men  of  Lawrence  Count}-  are  men  who 
were  engaged  in  the  rebellion, — they  have  a  majority  of  registered  voters 
in  that  County ; — had  they  been  disposed,  I  say,  to  control  this  Conven- 
tion, they  have  much  abler  men  than  I,  and  they  would  certainly  have 
sent  them  here.  But  they  are  men  who  are  willing  to  be  represented 
here  by  a  loyal  man, — a  man  who  they  knew  could  be  assailed  with  none 
of  this  slang  of  treason,  that  has  been  so  lavishly  employed  upon  this 
floor.  lam  here  to  represent  them;  and  whatever  may  have  been  the 
past,  they  are  entitled,  as  peaceable  and  law-abiding  citizens,  to-day,  to  be 
heard,  through  their  representatives,  in  this  body. 

I  had  noted  one  remark  of  the  gentleman  [Mr.  Grey,  of  Phillips]  who 
spoke  yesterday,  claiming  equality  of  intellect  with  the  white  race.  That 
point  was  noticed  by  my  friend  from  Prairie  County  [Mr.  Hicks];  and  I 
shall  only  make  a  passing  observation.  I  would  refer  the  gentleman  to 
the  condition  of  the  negro  race  in  Africa.  I  w^ould  ask  what  it  has  done 
toward  establishing  a  republican  form  of  government, — what  it  has  done 
in  the  way  of  science,  art,  and  civilization  ?  and  with  that  question  I  pass 
from  the  subject.  I  hasten  thus  my  remarks  on  these  topics,  because  I 
do  not  propose  to  consume  time  here ;  since  time  is  money  to  our  constitu- 
ents, and  we  shall  certainly  have  to  render  an  account  for  all  that  we 
expend. 

I  take  the  position,  then,  Mr.  President,  that  we  have  a  Constitution, 
and  a  State  Government.  We  have  a  Constitution  that  was  framed  here 
by  loyal  citizens.  It  was  framed  under  the  direction  of  Abraham  Lincoln. 
It  was  accepted  by  the  people,  so  far  as  they  were  able  to  manifest  their 
acceptance  of  it.  That  Constitution  and  State  Government  have  been 
acknowledged,  by  the  appointment  in  the  Executive  and  Judicial  depart- 
ments, of  the  various  oflicers  that  belong  to  a  State  organization  ;  and, 
to-day,  the  State  of  Arkansas  has  funds  invested  in  United  States  bonds, 
and  as  a  recognized  State  Government  holds  them.  Congress,  in  the 
passage  of  this  very  Peconstruction  Act,  has  attempted  to  set  aside  that 
Government.  It  has  placed  us  under  military  domination,  and  has  put 
every  office  of  the  State  at  the  mercy  of  the  military  commander.  Had 
the  Commander  of  this  Department  been  disposed  to  listen  to  the  various 
petitions  and  complaints  preferred  before  him  during  the  past  six  months, 

(  127  ) 


1868.] 


DEBATES  AND  PROCEEDINGS  OF  THE 


[Tuesday, 


Adoption  of  the  Constitution  of  1864.— DUVALL. 


I  venture  to  say  that  to-day  there  would  not  have  been  an  officer  remaining 
in  any  department  of  the  Government  of  Arkansas,  who  held  his  place 
half-a-year  since — every  man  would  have  been  removed.  Sir,  where  is  the 
mainspring  of  all  these  proceedings  ?  G-entlemen  want  office, — they  want 
the  si:)oUs  of  office. 

I  wi^h  to  say  to  the  gentlemen  of  this  Convention,  that  I  do  not  stand 
here, — as  would  have  seemed  to  be  indicated  in  certain  speeches  on  this 
floor,— as  representing  the  Rebel  party.  I  entertained,  when  in  the  service 
of  my  country,  the  same  views  that  I  entertain  to-day.  These  are  no  new 
ideas  which  I  am  picking  up,  in  order,  as  some  may  charge,  that  I  may  drift 
with  the. popular  current.  I  refused  to  give  up  my  principles;  I  perilled 
my  life,  and  sacrificed  for  them  all  that  I  had;  when,  had  I  been  corrupt 
enough  to  resign  my  convictions  for  the  sake  of  position  or  other  personal 
advantage,  I  might  have  come  out  far  better  than  I  did.  I  came  out  of  the 
war  for  the  Union,  a  poor  man  ;  and  I  have  remained  so.  I  have  held  my 
own,  very  well,  in  that  regard.  I  come  here  for  the  principles  I  fought  for. 
When  the  present  proposed  Amendments  to  the  Constitution  of  the  United 
States  shall  have  been  adopted,  then,  under  that  Constitution,  these  colored 
friends  will  be  citizens,  and  will  have  gained  the  right  of  suffrage;  and 
we  cannot  help  it.  But  I  do  protest  against  Congress  attempting  to  dic- 
tate to  the  people,  of  this  or  any  other  State,  what  manner  of  Constitution 
they  shall  form,  and  against  its  proclamation  that  a  State  is  not  in  the 
Union.  I  hold  that  no  State  ever  was  out  of  the  Union ;  and  it  was  for 
that  principle  that  I  fought. 

Mr.  CYPERT  desired^  to  be  informed  of  the  precise  attitude  of  the 
qucvstion  before  the  Convention. 

The  PRESIDENT  stated  the  question  before  the  Convention  to  be 
upon  the  adoption  of  the  Ordinance. 

Mr.  HINDS  moved  that  the  further  consideration  of  the  Ordinance 
be  made  the  special  order  of  the  day  for  Thursday,  January  16th. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

INVITATION  TO  DE.  T.  M.  JACKS. 

Mr.  SMITH  offered  the  following  resolution : 

Besolved :  That  T.  M.  Jacks,  of  Phillips  County,  he  invited  to  address  this 
Convention,  at  such  time  as  the  Convention  may  indicate,  in  relation  to  mat- 
ters of  general  interest  to  all  the  people  of  this  State,  and  not  of  a  political 
character. 

Mr.  McCLURE  did  not  regard  it  as  proper  that  the  Convention  should, 
in  its  official  capacity,  receive  the  address.    He  moved  to  amend  the  reso- 
lution by  striking  out  the  words:  "this  Convention,  at  such  time  as  the 
(128) 


Jan.  14tb.]   AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.   [7th  Day. 


Printing  of  the  Convention— Adjournment. 


Convention  may  indicate:'*  and  to  insert,  instead  thereof,  the  words: 
"  such  members  as  may  desire  to  hear  him,  on  Thursday  evening." 
Mr.  SMITH  accepted  the  amendment. 

The  question  was  then  taken;  and  the  resolution,  as  amended,  was 
adopted. 

PRIXTIXG  OF  THE  COXVEXTIOis\ 

Mr.  HICKS  sent  to  the  Secretary's  desk  a  resolution,  which,  he  ex- 
plained, referred  to  the  subject  of  letting  to  the  lowest  bidder  the  printing 
of  the  Convention. 

The  PEESIDEXT  stated  that  .the  Chair  had  permitted  a  relaxation  oi 
the  rules,  so  far  as  to  allow  the  introduction  of  one  resolution,  out  of  the 
regular  order  of  business;  but  the  indulgence  could  be  extended  no 
further. 

ADJOURXMEXT. 

Mr.  DALE  moved  that  the  Convention  adjourn. 

Mr.  HODGES,  of  Pulaski,  moved  to  amend,  that  when  the  Convention 
adjourn,  it  be  until  Thursday  morning. 
The  amendment  was  accepted. 
Mr.  HICKS  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

Mr.  CYPERT  asked  to  be  informed  of  the  reason  for  an  adjournment 
to  that  date. 

Mr.  McCLURE  explained  that  the  hall  (which  by  Act  of  the  last  Legis- 
lature it  was  forbidden  to  use  except  for  the  meetings  of  bodies  composed 
of  delegates  from  all  parts  of  the  State)  was  wanted,  on  the  morrow,  for 
the  use  of  a  political  convention  of  that  character. 

Mr.  CYPERT  said,  that  with  this  understanding,  he  had  no  objection 
to  the  adjournment. 

Mr.  HICKS,  by  consent,  withdrew  the  call  for  the  yeas  and  nays. 

The  question  was  then  taken ;  and  the  motion,  as  amended,  was  agreed  to ; 

And  thereupon,  at  12.15,  p.m.,  the  Convention  adjourned,  to  10,  a.m., 
of  Thursday,  January  16th. 


9 


(  120  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Ashley  County  Election.— MATTHEWS— BEOOKS—CYPEKT. 


EIGHTH  DAY. 

Thursday,  January  IQth,  1868. 
Convention  met,  pursuant  to  adjournment. 
Prayer  was  offered  by  the  Rev.  S.  M.  Hyde,  Chaplain. 
The  roll  was  called ;  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

The  Journal  of  Thursday  was  read  and  approved. 

ASHLEY  COUNTY  ELECTION. 

Mr.  MATTHEWS.  I  desire  to  present  the  credentials  of  Messrs. 
W.  D.  Moore  and  George  W.  ^[orman,  delegates  from  Ashley  County; 
and  move  that  they  be  swor»,  and  admitted  to  their  seats. 

Mr.  BROOKS.  I  understand  that  there  are  contestants  claiming  these 
seats.  I  think  it  preferable  to  settle  all  these  questions  of  admission, 
before  gentlemen  are  qualified  to  take  the  seats.  I  therefore  move  that  the 
credentials  of  the  gentlemen  from  Ashley  be  referred  to  the  Committee 
on  Elections,  with  a  view  to  furnishing  an  opportunity,  to  the  parties  con- 
testing the  seats,  to  bring  before  the  Convention,  through  that  Committee, 
all  the  facts  and  considerations  which  may  enable  the  Convention  to  reach 
a  just  conclusion,  and  take  such  action  as  may  be  deemed  proper  in  the 
premises. 

Mr.  MATTHEWS.  I  think  this  a  very  unusual  course.  Since  the  per- 
manent organi^tion,  there  has  been  no  reference  of  any  credentials  pre- 
sented. Until  any  contestants,  that  may  appear,  shall  claim  their  seats,  the 
gentlemen  whose  credentials  are  presented  are  entitled  to  those  seats. 
The  credentials  are  regular.  I  protest  against  any  such  course  as  is  pro- 
posed. 

Mr.  CYPERT.  There  is  but  one  class  of  credentials  that  can  be  pre- 
sented to  this  body.  I  presume  that  an  inspection  of  those  now  presented 
will  be  sufficient  to  show  whether  they  belong  to  that  class.  It  will  be 
remembered  that  we  are  a  convention  of  a  peculiar  style;  and  member- 
ship here  is  known  only  by  a  particular  species  of  credentials,  issued  in 
the  form  of  an  order  from  the  Commander  of  the  District.  I  defer  to 
the  opinion  of  others.  I  readily  admit  that  Conventions  assembled  for 
the  same  purposes  with  ourselves,  would,  under  ordinary  circumstances, 
have  control  of  these  questions.  But,  understand  me  again,  I  assume 
these  as  extraordinary  circumstances.  But  one  class  of  credentials  can 
be  presented;  and  when  so  presented,  the  President  of  the  Convention, 
(  130  ) 


Jan.  16th.]  AEKANSAS  CONSTITUTIONAL  CONVENTION.    [8tb  Day. 


Ashley  County  Election.— CYPEKT—McCLUKE—BEOOKS. 


surely,  would  see  whether  tliey  came  wittiin  that  class,  without  any  neces- 
sity of  their  reference  to  a  committee.  The  seat  cannot  be  contested 
until  some  one  occupies  the  seat.  When  the  credentials  come  up  in  form, 
and  the  party  is  sworn  in,  then,  if  the  prima  fade  evidence  presented  by 
the  jS.rst  claimant  could  be  set  aside  by  other  evidence,  the  seat  might  be 
contested.  But  prima  facie  evidence  is  now  presented,  which  cannot  be  at 
all  investigated  until  some  one  has  the  seat. 

Mr.  McCLURE.  There  is  a  provision,  in  the  Eeconstruction  Act,  which 
reads  as  follows : 

"  No  person  excluded  from  the  privilege  of  holding  office  by  said  proposed 
amendment"  ["proposed  by  the  Thirty-ninth  Congress,  and  known  as  article 
fourteen  "]  "to  the  Constitution  of  the  United  States,  shall  be  eligible  to  elec- 
tion as  a  member  of  the  convention  to  frame  a  constitution  for  any  of  said 
rebel  States,  nor  shall  any  such  person  vote  for  members  of  such  convention." 

The  Fourteenth  Amendment  declares : 

''No  person  shall  be  a  Senator  or  Eepresentative  in  Congress,  or  elector  of 
President  or  Yice-President,  or  hold  any  office,  civil  or  military,  under  the 
United  States  or  under  any  State,  who,  having  previously  taken  an  oath  as  a 
member  of  Congress  or  as  an  officer  of  the  United  States,  or  as  a  member  of 
any  State  Legislature,  or  as  an  executive  or  judicial  officer  of  any  State,  to 
support  the  Constitution  of  the  United  States,  shall  have  engaged  in  insur- 
rection or  rebellion  against  the  same,  or  given  aid  and  comfort  to  the  enemies 
thereof" 

I  move  that  the  credentials  be  referred  to  the  Committee  on  Elections, 
and  that  that  Committee  be  instructed  to  inquire  -as  to  the  qualifications 
of  the  delegates. 

Mr.  BROOKS.  Having  brought  forward  the  motion,  I  wish  only  to 
say,  in  response  to  the  honorable  gentleman  on  the  other  side  of  the 
hall  [Mr.  Cypert],  before  the  question  shall  be  submitted  to  the  Conven- 
tion, that  it  is  not  a  matter  of  course  that  no  contest  can  be  made  until 
there  is  a  sitting  member.  I  allege  that  it  is  perfectly  legitimate,  regular, 
and  justified  by  the  most  eminent  precedent  that  could  be  given  in  the 
United  States  of  America,  that  a  contest  may  be  made  on  a  claim  for  a  seat, 
prior  to  any  gentleman  occupying  it;  and  I  hope  this  question  may  take 
the  direction  indicated,  and  the  Committee  be  instructed  to  bring  before 
the  Convention  all  the  facts  in  the  case.  I  know  none  of  the  gentlemen  ; 
I  do  not  know  the  political  position  of  the  contestants,  pro  or  con — I  have 
never  made  inquiry.  I  have  simply  reliable  information  that  a  contest  is 
made  for  the  seats,  and  upon  good  grounds.  Of  all  that,  this  Convention 
will  judge  when  the  facts  are  brought  before  it  by  the  Committee.  Cre- 
dentials are  simply  priina  facie  evidence  of  the  election ;  and  the  whole 
matter  ought  properly  to  go  to  the  Committee  on  Elections. 

(  131  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Ashley  County  Election.— BEADLEY—BEOOKS—CYPERT— KYLE. 


Mr.  BRADLEY.  It  is  with  a  good  deal  of  diffidence  that  I  rise,  on  this 
floor,  to  speak  on  any  question  ;  more  especially  upon  one  of  the  character 
of  that  before  the  Convention  this  morning.  I  am  sorry  that  these  two 
gentlemen,  who  come  here  duly  furnished  with  credentials  from  the 
General  commanding,  belong  to  a  different  political  party  from  myself. 
But  I  have  set  my  record  right  before  the  world,  on  the  point  that  ray 
political  views  can  have  nothing  to  do  with  my  action  in  this  Convention. 
I  do  solemnly  protest  against  this  Convention,  under  any  mistake,  or 
under  any  bias,  placing  itself  in  the  position  of  a  set  of  asses,  before  the 
world. 

Mr.  BROOKS  rose  to  a  point  of  order.  The  language  of  the  gentleman 
from  Bradley  was  disrespectful  to  the  Convention. 
The  PRESIDENT  sustained  the  point  of  order. 

Mr.  BRADLEY.  These  gentlemen  come  here  with  credentials.  Ac- 
cording to  the  regulations  under  which  we  have  been  called  together,  they 
must  take  their  seats.  We  can  recognize  no  other  authority  for  a  gentle- 
man taking  his  seat,  than  a  certificate  from  the  General  commanding.  If 
another  gentleman  contests  that  seat,  he  makes  the  contest,  and  presents 
to  the  Convention  the  grounds  upon  which  he  makes  it;  and  these  may 
properly  be  referred  to  the  Committee  on  Elections.  But  in  the  present 
case  legitimate  credentials  are  presented,  coming  from  the  proper  source. 
They  have  come  here  as  my  credentials  came;  and  there  was  as  much 
authority  to  refer  my  credentials,  and  those  from  the  gentleman  from 
Phillips,  or  any  other  member,  as  there  is  for  referring  those  now  before 
the  Convention. 

Perhaps  I  was  a  little  imprudent  in  my  language.    I  ask  pardon  for  it. 
Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

Mr.  KYLE.  I  was  merely  about  to  remark,  before  recording  my  vote 
upon  the  proposition  before  the  Convention,  that  it  is  perfectly  legiti- 
mate, and  customary,  in  all  deliberative  bodies  of  which  I  have  had  any 
knowledge,  that  when  gentlemen  present  their  credentials  in  the  usual 
w^ay,  they  shall  become  entitled  to  their  seats.  It  is  usual  for  them  to  be 
qualified,  and  to  become  sitting  members  of  the  body;  and  if  there  are 
contestants,  and  if  those  contestants  have  complied  with  the  law  on  the 
subject  of  notice, — in  cases  when  any  such  law  applies, — an  investigation 
into  the  merits  of  the  case  then  takes  place.  I  suppose  that  no  law  exists, 
on  the  subject  of  notice,  that  would  apply  to  this  body.  As  regards  Con- 
gress, the  law  requires  that  the  contestant  shall  give  notice,  to  the  holder 
of  the  certificate  of  election,  of  the  intention  to  contest  the  seat ;  and  with- 
out that  notice  the  contestant's  case  would  be  foreclosed.  I  do  not  suppose 
that  any  notice  is  requisite  in  this  instance.  But  I  understand  that  these 
parties  are  entitled  to  be  qualified  and  to  take  their  seats.  They  may  have 
(  132  ) 


Jan.  16th.]  AEKAXSAS  COXSTITUTIOXAL  CO^'YEXTIOX.    [Sth  Day. 


Ashley  County  Election.— KYLE— McCLUEE. 


been  informally  elected,  for  what  I  know.  I  know  nothing  about  their 
election,  nor  of  the  grounds  upon  which  it  is  contested.  I  only  desire 
that  we  conform  our  action  to  the  usual  course  in  cases  of  this  kind.  The 
course  suggested  by  my  honorable  friend  from  Phillips  [Mr.  Brooks],  is 
certainly  correct  in  cases  when  the  sitting  members  have  been  qualilied, 
and  the  seats  are  contested.  There  are  then,  as  it  were,  parties  to  be  sued. 
But  as  the  matter  now  stands,  the  applicants  are  outside  parties.  And  if 
it  is  competent  to  move  to  amend  the  proposition  of  the  gentleman  from 
Phillips,  I  move  so  to  amend  that  these  members  be  now  qualitied,  and 
that  they  take  their  seats. 

The  PRESIDEZsT.  The  Chair  would  state  that  the  motion  of  the  gen- 
tleman from  Dallas  [Mr.  Kyle],  would  properly  come  before  the  Con- 
vention in  the  form  of  a  substitute. 

Mr.  KYLE.  I  will  merely  add  that  should  the  Convention  see  fit  to 
adopt  the  course  which  I  have  suggested,  it  will  be  very  easy,  when  the 
contestants  present  themselves,  for  the  proofs  of  the  respective  parties  to 
Ije  duly  investigated  by  the  Committee  on  Elections,  and  referred  back  to 
this  body,  for  its  decision. 

Mr.  McCLIJRE.  Much  has  been  said  about  the  propriety  of  the  pro- 
posed reference  to  the  Committee  on  Elections.  I  know  that  there  are 
many  men  who  have  very  little  respect  for  the  action  and  precedents  of 
the  present  Congress.  But  being  a  humble  individual,  and  not  endowed, 
by  the  Creator,  with  almost  divine  perceptions,  which  some  other  indi- 
viduals have,  I  say,  for  one,  that  I  am  willing  to  be  guided  by  the  prece- 
dents set  by  that  body.  In  the  case  of  the  Kentucky  members,  when  they 
were  presented  upon  the  fioor  of  Congress,  to  be  sworn  in, — without  any 
application  or  contest,  from  any  sotirce, — the  entire  matter  of  the  qualifica- 
tions of  the  members  was  referred.  That  is  what  we  proposed  in  this 
case.  There  is  no  contestant  here.  The  sole  object  of  the  proposed  refer- 
ence is.  to  inquire  into  the  qualifications  of  these  gentlemen,  within  the 
terms  of  the  Reconstruction  Act  itself 

Mr.  KY^LE.  As  regards  the  case  of  the  Kentucky  members,  it  will  be 
remembered  that  the  question,  there,  was,  whether  those  members  were,  in 
sentiment,  rebels,  and  for  that  reason  not  entitled  to  their  seats. 

Mr.  McCLKRE.  That  is  precisely  the  question  I  propose  to  raise  here. 

Mr.  KYLE.  I  did  not  know  that  it  was  the  object  of  the  incjuiry,  to 
ascertain  whether»these  gentlemen  from  Ashley  County  were  rebels.  I 
supposed  it  was  some  informality  in  the  election,  that  was  to  be  investi- 
gated. In  the  case  of  the  Kentucky  members,  it  was  charged  that  they  were  - 
not  only  rebels  in  sentiment,  but  that  they  had  held  high  and  responsible 
positions  under  the  Confederate  Government.  Xo  question  of  the  infor- 
mality of  the  election  then  arose.  But  if  the  question  is  an  inquiry  into 
the  conscience  of  the  men, — if  we  are  to  look  into  their  antecedents,  and 

(  133  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Ashley  County  Election.— KYLE— BKADLEY—McCLUEE—CYPEKT. 


inquire  whether  they  are  rebels  at  lieart,  now,  or  not, — seeking  the  de- 
struction of  the  Government, — the  question  is  a  different  one,  and  I  have 
nothing  more  to  say.  "What  I  have  said  with  respect  to  the  proper 
course  in  cases  of  contested  elections,  I  am  sure  is  correct. 

Mr.  BRADLEY.  I  would  state  that  this  very  question  has  been  referred 
to  General  Ord.  General  Ord  at  one  time  countermanded  the  order  by 
which  these  gentlemen  were  authorized  to  take  their  seats.  They  had 
started  for  this  place,  and  had  arrived  at  Monticello,  when  the  order  con- 
firming the  certificate  was  countermanded,  and  a  new  election  ordered. 
Upon  investigation  of  the  same  facts  which  we  would  have  to  investi- 
gate here,  a  new  order  was  made  out,  authorizing  them  to  take  their  seats. 
The  presumption  of  law  is  that  the  General  commanding  was  satisfied 
that  these  gentlemen  were  rightfully  members  of  this  body. 

Mr.  McCLURE.  I  would  say,  that  General  Ord  has  no  authority  to 
determine  that  question.  The  Convention  determines,  for  itself,  who  are 
members  and  who  are  not. 

Mr.  CYPERT.  I  do  not  wish  to  enter  into  an  argument  on  this  subject, 
at  all;  but  I  will  read  a  section  of  the  first  Supplementary  Reconstruction 
Act. 

"  Sec.  4.  And  be  it  further  enacted,  That  the  commanding  general  of  each 
district  shall  appoint  as  many  boards  of  registration  as  may  be  necessary,  con- 
sisting of  three  loyal  officers  or  persons,  to  make  and  complete  the  registra- 
tion, superintend  the  election,  and  make  return  to  him  of  the  votes,  list  of 
voters,  and  of  the  persons  elected  as  delegates  b^  a  plurality  of  the  votes  cast 
at  said  election  ;  and  upon  receiving  said  returns  he  shall  open  the  same,  ascer- 
tain the  persons  elected  as  delegates,  according  to  the  returns  of  the  officers 
who  conducted  said  election,  and  make  proclamation  thereof ;  and  if  a  majority 
of  the  votes  given  on  that  question  shall  be  for  a  convention,  the  command- 
ing general,  within  sixty  days  from  the  date  of  election,  shall  notify  the  dele- 
gates to  assemble  in  convention,  at  a  time  and  place  to  be  mentioned  in  the 
notification,  and  said  convention,  when  organized,  shall  proceed  to  frame  a 
constitution  and  civil  government  according  to  the  provisions  of  this  act,  and 
the  act  to  which  it  is  supplementary;  and  when  the  same  shall  have  been  so 
framed,  said  constitution  shall  be  submitted  by  the  convention  for  ratification 
to  the  persons  registered  under  the  provisions  of  this  act  at  an  election  to  be 
conducted  by  the  officers  or  persons  appointed,  or  to  be  appointed  by  the  com- 
manding general,  as  hereinbefore  provided."  ^ 

I  hold  that  that  section  clearly  points  out  the  mode  in  which  Si  prima 
facie  case  comes  before  this  Convention, — namely,  upon  the  member's 
bringing  the  prima  facie  evidence  of  his  election,  whereupon  he  becomes 
entitled  to  his  seat.  If,  however,  he  has  perjured  himself,  in  order  to 
become  qualified  under  the  law,  that  is  another  matter,  and  might  be  in- 
vestigated under  other  and  different  proceedings.  I  am  not  going  to  con- 
(  134  ) 


Jan.  16tli.]   AEKANSAS  CO^^"STITUTIO]S^AL  CO^TYENTIOX.   [8th  Day, 


Ashley  County  Election.— CYPEET. 


tend  upon  the  question  of  the  right  of  this  Convention  to  investigate  that 
matter;  for  before  the  claimant  could  receive  a  certificate  from  tiie 
G-eneral,  he  must,  according  to  another  clause  of  the  Act,  which  I  have 
not  read  to  the  Convention,  be  a  registered  voter.  The  certificate  i^joririia 
facie  evidence  of  his  registration;  for  all  these  records  are  before  the 
General.  If  tbe  claimant  be  charged  witb  having  perjured  himself,  in 
order  to  place  bimself  in  the  attitude  of  a  registered  voter,  I  do  not  know 
but  this  Convention  might  enter  into  the  examination  of  this  question. 
That,  however,  is  not  the  question  now.  It  is,  simply, — shall  these  mem- 
bers be  sworn  in?  and  they  have  presented  the  ssime  j^rima  facie  evidence 
that  has  been  presented  by  every  member  who  now  occupies  a  seat  on  this 
fioor. 

Suppose  a  quorum  should  meet  here,  composed  entirely  of  one  political 
party,  with  no  one  to  investigate  their  credentials,  however  informal,  and 
should  assume  that  they  were  the  duly  qualified  members,  and  invested 
with  authority  to  judge  of  the  credentials  of  all  others.  In  that  case,  we 
should  have  no  gentlemen  of  the  other  party  admitted  here.  You  see, 
immediately,  how  preposterous  it  is  to  deny,  to  a  person  presenting  the 
prima  facie  evidence  of  his  qualification,  his  claim  to  an  immediate  seat. 
He  can  be  ousted,  whenever  due  reason  shall  appear;  but  until  there  is 
something  before  the  Convention,  to  call  in  question  the  prima  facie 
evidence  presented  by  the  certificate  of  election,  the  member  must  be 
sworn  in. 

The  question  being  upon  the  substitute  offered  by  Mr.  Kyle, 
Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  then  taken ;  and  it  was  decided  in  the  negative, — 
Yeas  29,  I^ays  31,  as  follows : 

Yeas  :  Messrs.  Bradley,  Corbell,  Cypert,  Duvall,  Exon,  Gantt,  Grey  of  Phil- 
lips, Harrison,  Hatfield,  Holhs,  Hodges  of  Crittenden,  Hoge,  Houghton,  Kyle, 
Langley,  Matthews,  McCown,  Owen,  Portis,  Priddy,  Puntney,  Eawlings,  Eey- 
nolds,  Shoppach,  Sims,  Yan  Hook,  Walker,  Wilson,  and  Wright— 29. 

ISTays  :  Messrs.  Belden,  Beh,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Gray 
of  Jefferson,  Hawkins,  Hinds,  Hinkle,  Hodges  of  Pulaski,  Hutchinson,  Mal- 
lory.  Mason,  Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Poole, 
Eector,  Sams,  Samiiels,  Scott,  Smith,  Snyder,  White,  Williams,  and  Wyatt— 31. 

So  the  substitute  was  rejected. 
Pending  the  call, 

Mr.  SAMS  asked  to  be  excused  from  voting. 
!N"o  objection  being  made, 
Mr.  SAMS  was  excused. 
Before  the  vote  was  announced : 


(  135  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Ashley  County  Election.— GENERAL  DEBATE. 


Mr.  GAKTT  having  occupied  his  seat, 

Mr.  CYPERT  asked  leave  for  Mr.  Gtantt  to  have  his  vote  recorded. 
Mr.  HODGrES,  of  Pulaski,  moved  a  call  of  the  house. 
Mr.  REY]N"OLDS  rose  to  a  point  of  order :  a  call  of  the  house  could 
not  be  taken  pending  the  calling  of  the  roll. 

The  PRESIDEISTT  sustained  the  point  of  order. 

Messrs.  BROOKS  and  McCLURE  argued  for  the  regularity  of  the  call 
of  the  house. 

Mr.  REYE'OLDS  rose  to  a  point  of  order.  The  President  had  given  his 
decision,  and  no  appeal  had  been  taken.   Debate  was  plainly  out  of  order. 

The  PRESIDENT  stated  that  his  decision  had  been  given  upon  the 
ground  that  the  Chair  could  find  no  authority  sustaining  the  right  to  a 
call  of  the  house,  pending  the  call  of  the  roll.  The  Chair  would  gladly 
receive  the  suggestions  of  members  upon  the  subject. 

Mr.  BROOKS  insisted  that  a  call  of  the  house  was  in  order  at  all  times. 

Mr.  CYPERT  renewed  the  point  of  order.  The  debate  was  clearly 
irregular,  and  the  object  of  the  delay  was  transparent. 

Mr.  GANTT  recorded  his  vote  in  the  afiirmative. 

Mr.  SAMS  desired  to  record  his  vote  in  the  negative. 

Other  members  having  recorded  their  votes. 

The  result  of  the  vote  was  announced,  as  above. 

The  question  then  recurring  upon  the  motion  to  refer  the  credentials  to 
the  Committee  on  Elections, 

Mr.  CYPERT  said :  I  did  not  intend  to  make  any  argument  on  this 
question:  but  if  there  is  any  fairness  to  be  exercised  here,  I  do  hope  that 
gentlemen  will  consider  the  attitude  in  which  they  are  placing  themselves. 
N'ever  has  there  been  a  precedent  for  sustaining  a  proposition  like  that 
now  before  this  body.  I  think  that  no  gentleman  can  show  a  precedent 
for  referring  credentials,  proper  upon  their  face,  to  a  committee.  I  repeat, 
what  I  have  before  insisted  upon,  that  the  credentials  constitute  the  prima 
facie  evidence  of  title  to  a  seat;  and  that  the  certificate  of  election  consti- 
tutes, in  this  case,  the  credentials.  Prima  facie  evidence  may  always  be 
set  aside  after  the  party  has  taken  his  seat.  But  we  have  no  contestant 
here.  I  do  not  wish  to  refer  to  unpleasant  circumstances;  but  here  it 
becomes  necessar3^  Two  members  have  been  admitted  here  without  any 
credentials  at  all.  1  made  no  contest  about  it,  as  I  had  no  wish  to  interfere 
with  the  matter.  But  it  is  a  fact  that  two  members  have  been  admitted, 
whose  election  was  declared  void,  and  a  new  election  thereupon  ordered. 
There  was  no  contestant ;  and  I,  for  one,  did  not  feel  disposed  to  interfere 
until  some  contestant  presented  himself,  upon  the  new  election.  IsTow,  gen- 
tlemen present  themselves,  furnished  with  new  credentials,  and  are  denied 
their  seat;  while  others  can  come  without  any  credentials  whatever, 
and,  upon  the  mere  evidence  of  certain  individuals,  are  admitted  to  their 
(  136  ) 


Jan.  16th.]   AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [8th  Day. 


Ashley  County  Election.— HODGES— CYPEET— BROOKS. 

seats  without  so  mach  as  a  proposition  to  refer  the  matter  to  a  com- 
mittee. 

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order.  I  would  ask 
whether  the  gentleman  is  correct  in  the  statement  that  any  such  occur- 
rence as  he  mentions  has  taken  place  ? 

Mr.  CYPERT.  I  have  been  so  informed,  by  a  gentleman  who  has  his 
seat  here. 

The  PRESIDEOT.  The  Chair  will  make  an  explanation.  Yesterday, 
at  half-past  ten  in  the  morning,  Special  Order  Xo.  3,  revoking  the  cre- 
dentials of  the  delegates  from  Ouachita  County,  was  delivered  to  me,  by 
an  orderly;  being  the  first  notice  the  Chair  had  received  on  the  subject. 

Mr.  CYPERT.  I  did  not  know  how  it  was  that  these  gentlemen  were 
admitted,  or  that  they  had  not  regular  credentials. 

The  PRESIDENT.  The  Order  is  dated  January  4th:  but  was  not  re- 
ceived b}'  the  Chair  until  yesterday. 

Mr.  CYPERT.  I  did  not  know  the  condition  of  things;  nor  had  I  any 
disposition  to  dispute  the  matter;  but  there  were  gentlemen  upon  this 
floor  who  did  know  the  condition  of  things,  and  no  objection  was  made. 
But  now,  when  these  gentlemen  from  Ashley  present  themselves,  with 
regular  credentials,  they  are  denied  their  seats.  It  occurs  to  me  that  this 
state  of  facts  may  arise  from  political  motives.  I  do  not  know  that  it  is 
so — it  merely  occurs  to  me.  But  I  had  hoped  that  there  were  gentlemen 
here,  sufficient  in  number  to  sustain,  as  many  will,  the  rules  of  propriety 
and  order,  in  a  body  of  this  kind. 

I  shall  vote  ao'ainst  the  motion  to  refer. 

Mr.  BROOKS.  I  shall  detain  the  Convention  with  a  single  word.  As  I 
took  occasion  to  say  that  the  proposed  action  was  not  without  precedent, 
and  the  honorable  gentleman  on  the  other  side  of  the  house  questions  our 
ability  to  furnish  any,  I  will  onlj^  say  that  in  the  case  which  arose  before 
the  House  of  Representatives  of  the  Fortieth  Congress, — the  case  of 
McKee,  who  was  the  contestant,  the  other  party  holding  the  regular 
credentials, — the  credentials  of  the  member  contesting  the  seat,  with  all 
tlie  papers,  et  ccetera,  were  referred  to  the  Committee  on  Credentials,  and 
the  party  holding  the  credentials  was  not  permitted  to  take  his  seat.  In 
the  other  case  referred  to,  there  was  no  question  of  contest;  and,  in  one 
case, — that  of  General  Crittenden, — none  as  to  loyalty.  But  under  the 
circumstances,  the  House  of  Representatives  felt  fully  authorized  to  refuse 
seats  to  all  the  members.    I  refer  especially  to  the  case  of  McKee. 

Mr.  CYPERT.  With  reference  to  that  particular  case,  I  would  state 
that  the  party  contesting  gave  notice  of  his  intention  to  contest,  and  the 
matter  was  regularly  referred  to  the  House.  In  the  present  case  there  has 
been  no  notice  of  contest,  and  the  gentlemen  have  come  here  without  any 
idea  that  their  admission  would  be  disputed. 

(  1-^7  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OP  THE  [Thursday, 


Ashley  County  Election.— CTPEKT—HOG-E. 


But  I  have  another  precedent,  in  the  case  of  Greneral  Shields,  who,  a 
number  of  years  ago,  was  elected  a  Senator  of  the  United  States  from 
Illinois.  It  was  contended  that  he  had  not  been  a  citizen  of  the  United 
States  for  the  requisite  number  of  years.  He  was  allowed  to  hold  his  seat 
until  the  matter  was  determined ;  and  in  order  to  decide  upon  his  qualifi- 
cations, the  evidence  was  all  referred  to  a  committee,  after  he  had  taken 
his  seat. 

Mr.  HOGE.  I  see  no  analogy  between  the  case  cited  and  the  present 
one.  We  meet  under  extraordinary  circumstances,  l^o  body  has  ever 
assembled  in  Arkansas,  between  which  and  this  Convention  a  comparison 
can  be  made.  We  go  to  the  military  commander  to  get  our  credentials; 
and  from  his  decision  we  have  no  appeal.  So,  at  least,  I  had  supposed. 
If  gentlemen  claim  that  we  can  override  the  military,  and  if  that  position 
be  correct,  I  move,  as  an  amendment,  the  appointment  of  a  committee 
to  inquire  into  the  conduct  of  the  commanding  General,  and,  if  he  has 
exceeded  his  powers,  that  we  reprimand  him. 

Mr.  BROOKS  asked  for  the  yeas  and  nays  upon  the  amendment  pro- 
posed by  Mr.  Hoge. 

Mr.  HOGE.  My  position  is  this:  that  we  cannot  go  back  of  the  mili- 
tary authority;  but  if  the  Convention  is  to  assume  the  privilege  of  denying 
these  gentlemen  their  seats,  then,  upon  that  ground,  I  submit  the  propo- 
sition for  a  committee  of  inquiry. 

Mr.  HODGES,  of  Pnlaski,  renewed  the  call  for  the  yeas  and  nays,  upon 
the  amendment  of  Mr.  Hoge. 

Mr.  HOGE,  by  consent,  withdrew  the  amendment. 

Mr.  GAi^TT  asked  for  the  yeas  and  nays  upon  the  motion  to  refer  to 
the  Committee  on  Elections. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas  45, 
l^ays  19,  as  follows : 

Yeas  :  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hollis, 
Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Kelly,  Kyle,  Langley? 
Mallory,  Mason,  Misner,  Millsaps,  Montgomery,  Murphy,  McOlure,  Oliver, 
Poole,  Priddy,  Eawlings,  Eector,  Eounsaville,  Sams,  Scott,  Smith,  Snyder,  Yan 
Hook,  Wilson,  White,  Williams,  Wyatt,  and  the  President — 45. 

IN'ays:  Messrs.  Bradley,  Corbell,  Cypert,  Diivall,  Gantt,  Harrison,  Hodges  of 
Crittenden,  Hoge,  Matthews,  McCown,  Owen,  Portis,  Puntney,  Eeynolds, 
Samuels,  Shoppach,  Sims,  Walker,  and  Wright — 19. 

So  the  credentials  of  Messrs.  Moore  and  [N'orman,  delegates  from  Ash- 
ley County,  were  referred  to  the  Committee  on  Elections. 
Pending  the  call  of  the  roll, 
(  138  ) 


Jan.  16th.]   AEKAXSAS  COXSTITUTIOXAL  C0XVE:N^TI0X.   [Stli  Day. 


Ouachita  County  Election.— :\IcCLUIlE—CTPERT. 


Mr.  WILSOX  said :  If  I  vote  Ave,  I  do  so  in  the  hope  that  this  ques- 
tion, bv  being  referred  at  once,  may  be  settled  without  deLay. 

OUACHITA  COrXTY  ELECTIOX. 

The  PRESIDEISTT  announced  that  he  had  received,  from  the  General 
commanding  the  Fourth  Military  District,  an  official  copy  of  the  follow- 
ing order : 

Headquarters  Eourth  Military  District. 
(Mississippi  and  Arkansas) 
Holly  Springs,  Miss.,  January  4,  1868, 

Special  Orders  i 
Iso.  8.  j 

11.  Official  information  having  reached  the  General  Commanding,  since  the 
issuance  of  General  Orders  Xo.  43,  series  of  1867,  from  these  Headquarters, 
announcing  the  names  of  delegates  to  the  Constitutional  Convention  of  Arkan- 
sas, that  in  the  election  in  Ouachita  County  of  that  State,  in  so  far  as  the 
election  of  delegates  was  concerned,  frauds  and  illegalities  were  committed — 
that  election,  so  far  as  it  relates  to  the  election  of  delegates,  is  hereby  declared 
invalid,  and  another  ordered,  which  will  be  conducted  as  follows,  and  in  ac- 
cordance with  the  provisions  of  General  Orders  Xo.  31,  series  of  1867.  from 
these  Headquarters  : 

An  officer  of  the  xirmy  as  registrar,  to  be  detailed  by  the  Commanding 
Officer  of  the  Sub-District  of  Arkansas.  wiU,  with  his  judge  and  clerk  of  elec- 
tion, after  seven  (7)  days'  notice,  given  by  handbiUs  distributed  throughout  the 
County,  open  a  poll  at  the  County-seat,  to  be  kept  open  on  two  (2)  consecutive 
days,  from  8  o'clock,  a.m..  to  sunset  of  each  day.  at  which  all  registered 
voters  of  the  County  may  vote  for  delegates  to  represent  them  in  the  Consti- 
tutional Convention.  The  delegates  previously  declared  elected  for  that 
County,  will  not  be  furnished  with  certificates  of  election,  nor  be  permitted  to 
take  their  seats  in  Convention. 

By  command  of  Brevet  ITajor  General  Ord. 

O.  D.  Greexe, 
Assistant  Adjutant  General. 

Mr.  McCLUEE  moved  that  the  Order  be  referred  to  the  Committee  on 
Elections. 

Mr.  CYPEET.  I  have  no  disposition  to  contest  the  seats  of  those  gen- 
tlemen; but  in  order  to  preserve  my  consistency, — with  a  view  of  sustain- 
ing, and  acting  in  accordance  with,  the  programme  laid  down  by  the  military 
authorities,  for  this  election, — I  shall  vote  against  the  reference.  The  ques- 
tion arises  directly  upon  the  military  orders  upon  which  these  gentlemen 

(  1-^9  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Printing  of  the  Convention — Adoption  of  the  Constitution  of  1864. — CYPERT. 


must  obtain  their  claim  to  their  seats.  I  have  no  disposition  to  oust  them. 
There  is  none  here  to  contest  their  seats ;  but  we  are  here  by  military 
authority ;  and  if  you  intend  to  act  contrary  to  military  authority,  we 
might  be  called  rebels,  and  I  don't  want  to  be  called  a  rebel,  again. 

The  PRESIDEOT.  The  Chair  will  state  that  the  case  is  a  different  one 
from  that  which  was  presented  here  this  morning.  These  gentlemen  have 
been  duly  sworn  in.  The  date  of  the  reception  of  the  order,  I  had 
endorsed  upon  the  official  copy  itself,  in  order  that  I  might  not  be  held 
responsible,  in  any  way,  for  the  delay. 

Mr.  PORTIS.  I  am  one  of  the  members  referred  to.  I  have  a  certifi- 
cate, here,  from  the  President  of  the  Board  of  Registration,  setting  forth 
the  result  of  the  election.  I  came  here  with  that;  and,  after  my  arrival 
here,  received  this  Order,  directing  that  a  new  election  should  be  held. 
The  election  is  ordered  to  be  held  to-morrow  or  next  day.  I  shall  abide 
the  decision  of  that  election.  Then,  if  anybody  comes  here  to  contest  my 
seat,  I  respectfully  submit,  the  Convention  can  decide  the  matter. 

The  PRESIDEIsTT.  The  Chair  understands  that  the  gentleman  from 
Ouachita  [Mr.  Poktis]  has  been  qualified  as  a  member  of  the  Convention. 

Mr.  PORTIS.  I  have  been  qualified,  and  have  acted  with  the  Conven- 
tion since  its  organization. 

The  question  was  then  taken  on  the  motion  to  refer  the  Order  to  the 
Committee  on  Elections ;  and  the  motion  was  agreed  to. 

PRINTING  OF  THE  CONVENTION — ^RESUMED. 

'No  petitions,  reports,  resolutions,  motions,  or  notices,  being  presented. 
The  PRESIDENT  announced,  as  next  in  order,  the  unfinished  business 
of  the  previous  day,  being  the  consideration  of  the  following  resolution : 

Resolved :  That  the  Committee  on  Printing  be  instructed  to  contract,  for  the 
printing  that  may  be  ordered,  with  the  lowest  bidder,  and  report  their  action 
to  this  Convention,  for  its  approval. 

Mr,  BEOOKS  moved  that  the  resolution  be  referred  to  the  Committee 
on  Printing. 

The  question  was  taken ;  and  the  motion  was  agreed  to, 

ADOPTION  OP  THE  CONSTITUTION  OF  1864— RESUMED. 

The  PRESIDENT  announced,  as  next  in  order  of  business,  the  speciaP 
order  of  the  day;  being  the  consideration  of  the  Ordinance  entitled  "An 
Ordinance  adopting  a  Constitution." 

Mr.  BROOKS  asked  for  the  yeas  and  nays. 

Mr.  CYPERT.  If  the  Convention  has  progressed,  in  the  discussion,  as 
(  HO  ) 


Jan.  16th.]   ARKANSAS  COXSTITUTIO^^AL  COXYE^^TIOX.   [8th  Day. 


Adoption  of  the  Constitution  of  1864.— CYPERT. 


far  as  they  desire,  I  wish  to  reply;  but,  as  the  rules  require,  not  until  all 
have  spoken. 

The  PRESIDEXT.  Uucler  the  rule,  the  gentleman  from  mite  [Mr. 
Cypert]  will  have  the  closing  of  the  debate.  If  there  are  no  further  re- 
marks to  be  made,  the  gentleman  from  White  has  the  floor. 

Mr.  CYPERT.  In  presenting  this  Ordinance,  Mr.  President,  I  was 
actuated  by  the  purest  motives,  and  believed  that  its  adoption  would  con- 
duce to  the  best  interests  of  the  country.  I  have  listened  to  the  objections 
which  have  been  urged  against  its  passage:  and  I  still  affirm  my  belief 
that  it  should  be  accepted  by  this  body.  I  proceed  to  assign  the  reasons 
in  favor  of  its  adoption. 

First,  it  disorganizes  no  department  of  our  State  Government.  It  in- 
troduces no  confusion  into  our  State  affairs.  It  creates  no  necessity  for 
ousting  gentlemen  whom  the  people  have  placed  in  position  as  their  serv- 
ants. It  confirms  that  which  has  been  established  and  recognized,  within 
tlie  limits  of  the  State  of  Arkansas,  as  the  organic  law  of  the  State,  for  over 
three  years.  It  perpetuates  that  form  of  government,  in  the  State  of 
Arkansas,  which  has  been  recognized  by  the  Government  of  the  United 
States,  during  that  period.  It  perpetuates  that  form  of  government  which 
has  been  recognized  by  the  Government  of  the  United  States,  in  all  its 
departments,  in  every  State  of  this  Union.  For  that  reason,  if  for  no 
other,  in  the  present  condition  of  the  country,  we  should  adopt  the  present 
Constitution  of  the  State.  We  have  learned  its  workings.  We  know 
what  it  requires  of  us.  We  know  what  officers  are  employed  under  it. 
We  know  how  to  govern  the  State  under  it,  and  have  just  begun  to  be- 
come accustomed  to  the  new  order  of  things,  established  under  its  pro- 
visions, which  has  been  the  result  of  the  late  rebellion. 

In  order  to  establish  my  position  that  the  present  Constitution  has  been 
recognized  by  the  General  Government,  I  shall  be  obliged  to  recapitulate 
some  things  which  have  been  alreadj^  said  upon  this  floor,  and  shall  neces- 
sarily have  to  refer  to  arguments  of  gentlemen  of  high  authority.  If  the 
State  Government  of  Arkansas  was  not  a  government  de  jure,  how  is  it 
that,  to-day,  the  State  is  apportioned  into  districts  of  one  of  the  cir- 
cuits of  the  United  States  Circuit  Court  ?  The  acts  of  the  Circuit  Court 
of  the  United  States,  sitting  in  Arkansas,  are  recognized  by  the  highest 
judicial  authority  known  to  our  Government.  The  State  of  Arkansas, 
then,  was,  de  jure,  a  State  government,  when  the  Supreme  Court  of  the 
United  States  apportioned  its  territory  into  districts  of  the  Circuit  Court. 
The  Court  is  actually  held  here.  Appeals  from  its  decisions  go  up  to  the 
Supreme  Court  of  the  United  States,  its  jurisdiction  is  acknowledged, 
and  the  cases  are  in  every  respect  examined  like  those  coming  from  the 
districts  of  any  other  part  of  the  country.  The  State  of  Arkansas,  then, 
has  been  recognized  by  the  h.\g\iQ^i  judicial  authority  of  the  United  States. 

(  1^1  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Adoption  of  the  Constitution  of  1864.— CYPEET. 


I  assume,  and  no  gentleman  liere  will  dare  deny,  that  the  Executive  of  the 
United  States  has  recognized  the  existence  of  a  State  government  dejure, 
here.  If,  then,  our  State  government  has  been  recognized,  as  of  right,  by 
two  of  the  departments  of  the  United  S'tates  Government,  surely  it  ought 
to  be  so  recognized  by  us.  If  a  State  government  has  been  recognized  by 
the  Judicial  and  Executive  Departments  of  the  General  Government,  I  say 
that  Congress  has  no  right  to  disregard  it.  And  if  so  recognized,  all  the 
proceedings  under  the  present  Reconstruction  Acts,  which  force  us  into 
the  peculiar  attitude  in  which  we  find  ourselves  placed,  are  outside  of  the 
Constitution  of  the  United  States,  and  null  and  void;  and  no  man  here 
to-day  is  bound,  if  he  has  sworn  to  support  the  Constitution,  to  violate  his 
oath  by  carrying  out  proceedings  based  on  measures  thus  adopted  outside, 
and  in  contravention,  of  that  great  fundamental  law  of  the  Government. 

I  have  thus  far  assumed  that  gentlemen  were  correct  in  their  assertion 
that  Congress  has  in  no  manner  recognized  the  present  State  Government. 
That  it  has  been  recognized  by  the  National  Executive,  is,  I  believe,  un- 
disputed. I  do  not  believe  that  any  gentleman  will  deny  that  the  Supreme 
Court  has  recognized  it  as  a  government  dejure.  But  it  is  contended  that 
Congress,  by  refusing  to  receive  our  representatives,  has  declined  to  recog- 
nize us,  and  that  therefore  we  have  only  a  provisional  government, — a 
government  merely  de  facto.  Sir,  Congress  has  denied  that  we  are  pos- 
sessed of  a  State  government,  not  otherwise  than  by  the  refusal  to  re- 
ceive our  representatives.  But  I  will  show  you,  on  the  other  hand,  that 
they  have  in  more  ways  recognized  us  than  they  have  disregarded  us,  as 
a  duly  organized  State.  They  have  recognized  us  by  apportioning  to  us 
our  portion  of  the  direct  tax,  under  the  Constitution  of  the  United  States, 
which  provides  that  such  taxes  "  shall  he  apportioned  among  ^the  several 
States,^'  in  the  ratio  of  representation.  Had  they  apportioned  the  tax 
to  us  upon  the  basis  of  our  representation,  they  would  never  have  appor- 
tioned any,  for  we  have  no  representation.  But  by  apportioning  to  us 
our  share  of  the  direct  tax,  they  have  recognized  us  as  a  "  State."  The 
Constitution  authorizes  no  other  basis  upon  which  the  apportionment  can 
be  made.  They  must  have  recognized  our  right  to  representation  in  Con- 
gress, in  order  to  charge  us  with  the  tax. 

Then,  sir,  they  have  recognized  us  in  another  way.  They  have  submit- 
ted to  us  the  proposition  to  amend  the  Constitution  of  the  United  States; 
the  State  Legislature,  called  under  this  Constitution  which  I  propose  we 
shall  re-enact,  adopted  the  Amendment  so  submitted;  and  that  Amend- 
ment, ratified  by  such  authority,  has  been  accepted,  by  every  department 
of  the  E'ational  Government,  as  validly  adopted.  I  refer,  of  course,  to  the 
Amendment  abolishing  slavery.  The  vote  of  Arkansas  was  counted,  in  making 
up  the  7iumher  of  States  necessary  for  the  ratification  of  that  Amendment.  Here, 
then,  is  the  second  instance  of  recognition. 
(  142  )  . 


Jan.  16ih.]   AEKAXSAS  COXSTITUTIOXAL  COXYEyilOX.    [Stli  Day. 


Adoption  of  the  Constitution  of  1864. — CTPEET. 


Again,  Congress  recognized  us  bv  submitting  another  proposition  for 
the  amendment  of  the  Constitution  of  the  United  States — that  known  as 
the  Fourteenth  Amendment.""  That  proposition  was  duly  submitted  to 
the  State  of  Arkansas,  and  its  adoption  duly  recommended  by  the  Executive 
of  the  State.    There  is  the  third  instance  of  Congressional  recognition. 

I  return,  now,  to  the  second  instance  I  have  cited.  If  the  proposition 
be  correct,  that  the  State  of  Arkansas,  and  other  States  which  have  been 
in  rebellion,  were  not,  at  the  time  when  the  Thirteenth  Amendment  to 
the  Constitution  of  the  United  States  was  submitted  to  them  for  ratifica- 
tion, States  in  the  Union,  then  that  Amendment  was  not  properly  ratified, 
and  has  never  been  adopted.  That  Amendment  has  been  recognized,  by 
Congress,  and  by  all  the  departments  of  the  Government,  as  duly  ratified. 
Yet.  I  repeat,  if  the  seceding  States  had  no  authority,  as  States,  to  ratify 
that  Amendment,  then  a  sufficient  number  of  the  States  have  not  approved 
it.  Upon  the  theory  of  Congress,  therefore, — if  that  be  indeed  their 
theory, — that  we  have  no  State  government,  the  negroes  in  the  South 
have  not  been  freed,  and  are  not  free  to-day.  Sir,  Congress  simply  stulti- 
fies itself.  TTe  contend  that  the  negroes  are  free,  and  that  they  have  been 
made  free  through  the  action  of  the  States  lately  in  rebellion.  I  presume 
no  o-entleman  will  sav.  for  one  moment,  here,  that  the  nea^roes  are  still 
slaves.  Xor  will  any  contend  that  the  Proclamation  of  the  President  set 
them  free.  The  highest  judicial  tribunals  of  several  States  have  rendered 
their  decision  upon  that  subject,  to  the  contrary  efiect.  But  even  if  the  Proc- 
lamation had  the  efiect,  in  law,  of  freeing  the  negroes,  whom  it  assumed 
to  emancipate,  there  were  still  localities, — Kentucky,  and  elsewhere, — 
which  were  expressly  excepted  from  the  operation  of  that  Proclamation,  by 
the  terms  of  the  instrument  itself.  In  those  excepted  sections,  then,  upon 
any  hypothesis  that  can  be  formed,  the  blacks  were  not  freed,  unless  by 
the  adoption  of  the  Thirteenth  Amendment.  Assuming,  now,  that  ours 
is  not  a  State  government  dr  jure,  it  follows  that  the  slaves  in  those  parts 
have  never  been  set  free.  Sir,  gentlemen  must  accept  one  or  the  other 
horn  of  the  dilemma.  You  must  admit  that  Congress  is  in  the  wrong,  in 
the  present  attitude  of  resort  to  a  government  of  force,  and  that  the  State 
governments  in  the  South  possessed  all  the  elements  necessary  to  a  gov- 
ernment of  right — for  this  was  the  exercise  of  the  highest  power  known 
to  a  State  government,  that  of  amending  or  altering  the  Constitution  of 
the  United  States:  or  you  must  admit  that  the  Amendment  so  ratified  is 
no  part  of  the  Constitution  of  the  United  States.  I  say.  it  is  the  highest 
power  which  a  State,  in  its  corporate  capacity,  can  exercise,  to  assist  in 
amending  the  organic  law  of  this  great,  glorious,  and  reverenced  Eepub- 
lic.  If  we  have  power  to  exercise  the  crowning  act  of  State  authority, 
we  surely  are  competent  to  exercise  any  and  all  others. 

By  what  right,  then,  does  Congress  ravish  us  with  military  force,  in 

(  l-ts  ) 


1868.] 


DEBATES  AOT)  PEOCEEDmGS  OF  THE  [Thursday, 


Adoption  of  the  Constitution  of  1864.— CYPERT. 


order  to  prevent  the  exercise,  by  the  State  Government,  of  its  own  voli- 
tion ?  In  the  enumeration  of  the  powers  of  Congress,  we  find  no  grant  of 
such  authority.  We  find  that  in  time  of  invasion  and  rebellion,  martial 
law  may  be  proclaimed.  Did  any  invasion,  any  rebellion,  exist  at  the  time 
of  the  passage  of  tliis  Military  Bill?  'No  gentleman  in  this  house  will 
dare  affirm  there  was,  unless  he  is  callous  to  truth.  Who  was  in  arms  in 
the  State  of  Arkansas,  on  the  2d  of  March,  1867  ?  Where  was  there  a 
body  of  men,  or  a  single  man,  in  rebellion  ?  Where  was  there  an  armed 
force  resisting  the  laws  of  the  United  States  ?  There  was  none  here ;  nor 
was  there  in  any  Southern  State.  The  gentleman  alluded  to  my  use,  the 
other  day,  of  the  word  "  liar,"  or  "  falsehood."  I  used  this  expression, — 
that  Congress,  in  oi^der  to  found  a  claim  of  right  to  do  an  unusual  thing, — 
in  order  to  travel  outside  the  Constitution, — prefixed,  as  preamble  to  their 
Reconstruction  Act,  a  falsehood,  on  which  to  base  their  unconstitutional 
measures. 

"  Whereas  no  legal  State  governments,  or  adequate  protection  " 

That  is  disingenuous.  They  might  have  said,  no  adequate  protection 
existed  in  some  of  the  reorganized  States,  and  it  might  have  been  true. 
But  they  join  a  statement  which  might  have  been  partially  true  of  some 
localities,  with  another,  totally  destitute  of  truth,  and  concoct  a  double 
statement,  in  which  the  truth  shall  help  carry  off  the  error. — 

"Whereas  no  legal  State  governments  or  adequate  protection  for  life  or 
property  now  exists  in  the  rebel  States  of  Yirginia,  ^ortli  Carolina,  South 
Carolina,  Georgia,  Mississippi,  Alabama,  Louisiana,  Florida,  Texas,  and  Ar- 
kansas; and  whereas  it  is  necessary  that  peace  and  good  order  should  be 
enforced  in  said  States  until  loyal  and  republican  State  governments  can  be 
legally  established  :  Therefore — 

"Be  it  enacted—." 

Well,  sir,  if  this  be  true,  if  no  legal  State  governments  exist  in  these 
ten  named  States,  then  1  say  to  the  negroes  in  Kentucky,  Western  Vir- 
ginia, and  portions  of  Louisiana,  ihey  are  still  slaves  in  law;  since  the 
instrument  by  which  they  were  proclaimed  emancipated,  has  never  become 
a  portion  of  the  Constitution. 

Sir,  in  my  opening  argument  I  asked  gentlemen  to  show  any  authority, 
upon  their  hypothesis,  for  the  announcement  of  the  ratification  of  that 
Amendment;  and  not  one  has  so  much  as  attem.pted  to  produce  it.  All  the 
argument  which  they  have  attempted  to  bring  forward,  has  consisted  in 
mere  allusions  to  the  general  history  of  the  country,  and  in  the  use  of  the 
phrases,  "  rebellion,"  "  secession,"  and  "  disloyalty" — the  old  cry  in  times 
of  rebellion.  That  old  cry  of  Rebel!"  "Disunion!"  "Disloyal!"  has 
comprised  the  beginning,  middle,  and  end,  of  the  entire  argument  offered. 
(  144  ) 


Jan.  16th.]  AEKA^^SAS  CO^^STITUTIOl^AL  CONYENTIOi^.  [8th  Day. 


Adoption  of  the  Constitution  of  1864.— CYPEKT— BEOOKS. 


^ot  one  gentleman  has  undertaken  to  say  whether  the  present  govern- 
ment of  Arkansas  is  a  State  government,  or  not;  none  has  attempted 
to  say  whether  it  is  republican  in  its  form.  It  was  assumed,  however,  by 
a  gentleman  on  the  other  side  of  the  house,  that  I  was  incorrect  in  my 
ideas  of  the  history  of  my  country ;  that  at  the  time  of  the  adoption  of 
the  Constitution  of  the  United  States,  the  negroes  were  allowed  a  vote 
upon  the  question  of  ratification,  in  every  State  except  South  Carolina. 
'Now,  this  is  my  reading  of  that  transaction.  When  the  Convention  had 
adopted  the  Constitution,  it  was  submitted  to  the  States,  in  their  capacity 
as  corporate  bodies,  and  not  to  the  people,  to  ratify  or  reject.  The  State 
of  ITorth  Carolina  rejected  it,  and  for  three  years  hesitated  to  enter  the 
Union.  And  I  now  assert  that  the  State  of  ^Torth  Carolina  was  the  only 
one,  at  that  time,  which  permitted  free  negroes  to  vote  at  its  elections ; 
and  even  there,  they  could  vote  for  Senator  only,  in  case  they  were  free- 
holders. And  she,  mark  you,  rejected  the  Constitution.  In  1836,  the  law 
of  l^orth  Carolina  in  that  regard  was  changed.   So  much  for  that  position. 

It  is  said  that  the  Constitution  of  1864  is  to  be  rejected,  not  because 
it  is  not  essentially  the  same  with  that  of  the  other  States  of  the  Union, 
but  simply  because  it  does  not  give  the  elective  franchise  to  the  negroes. 
That  is  the  only  argument  employed.  One  gentleman  [Mr.  Brooks]  said 
he  was  not  a  proscriptionist — he  was  for  enfranchising  all  classes.  I  know 
the  gentleman  is  mistaken.  I  know  that  he  is  in  favor  of  proscribing  in- 
dividuals. "Ah!"  he  will  answer  me,  "but  that  is  only  a  punishment 
for  rebellion,  incurred  because  those  so  proscribed  have  proven  them- 
selves unworthy."  But  where  do  you  get  the  authority  to  judge  of  a 
man's  crimes  ?  Are  not  the  courts  of  the  country  open  for  their  trial  ? 
and  does  not  the  Constitution  of  the  United  States  award  to  every  man 
accused  of  crime  a  trial  by  his  peers,  to  determine  the  question  of  his 
guilt?  It  does  not  allow  you  to  say  vrhat  punishment  shall  be  inflicted 
upon  individuals,  for  crime.  If  you  have  a  right  to  assume  that  I  have 
committed  treason,  you  have  a  right  to  assume  that  I  have  committed 
murder.  Legislative  bodies  have  no  power  or  authority  whatever,  under 
our  form  of  government,  to  investigate  such  questions.   Again  you  travel 

outside  the  Constitution  of  your  country.  No  proscriptionist  is  this 

gentleman ;  he  is  extremely  liberal !  He  mistakes  his  own  nature !  I  know 
he  is  a  proscriptionist.  I  know  he  is  illiberal.  I  know  he  has  assisted  in 
excommunicating  members  of  the  denomination  to  which  he  belongs,  on 
account  of  their  political  opinions. 

Mr.  BUOOKS.  I  rise  to  a  point  of  order;  and  I  should  be  gratifled  if 
I  might  also — since  I  seem  to  be  personally  alluded  to, — ask  the  gentle- 
man for  his  specifications.  He  made  that  remark  the  other  day,  in  his 
address — I  supposed  it  to  refer  to  myself, — that  I  had  assisted  to  exclude 
persons,  on  political  grounds,  from  the  communion  of  the  Church,  in  the 

10  (  145  ) 


1868.] 


DEBATES  A^^D  PEOCEEDmGS  OF  THE 


[Thursday, 


Adoption  of  the  Constitution  of  1864.— BKOOKS— CYPEKT. 


ecclesiastical  denomination  of  whicli  I  am  an  unworthy  minister.  I  not 
only  make  a  point  of  order,  that  remarks  of  that  personal  character,  in 
this  body,  are  out  of  order,  but  I  allege  that  the  gentleman  is  wholly  misin- 
formed; that  there  is  no  shadow  of  a  shade  of  truth,  to  justify  such  a  remark, 
in  the  history  of  twenty-five  years  of  my  connection  with  the  Church. 
The  PRESIDEOT  sustahied  the  point  of  order. 

Mr.  CYPERT.  I  desire  to  keep  within  bounds,  and  do  not  wish  to  do 
any  gentleman  injustice. 

I  turn  from  my  partial  digression,  to  resume  the  consideration  of  the 
argument  that  we  ought  not  to  adopt  the  present  Constitution,  for  the 
reason  that  it  fails  to  extend  the  elective  franchise  to  the  negro  race, 
whereas  they  are  entitled  to  it  as  a  portion  of  the  inhabitants  of  the 
country.  I  repeat  what  I  saidfthe  other  day,  that  the  elective  franchise  is 
always  confined  to  a  class.  To  confirm  my  views,  I  recite  the  language  of 
one  of  the  foremost  advocates  of  free  government  in  history,  that  of 
Thomas  Jefterson, — I  quote  substantially — that  "  a  republican  form  of 
government  is  based  upon  the  virtue  and  intelligence  of  the  people;  hence 
the  necessity  of  awarding  to  classes  the  elective  franchise."  What  were 
those  classes  ?  '  The  voters  must  be  twenty-one  years  of  age.  They  must 
be  citizens ;  and  must  possess  still  some  other  qualifications.  It  has  never 
been  the  case  that  all  classes  were  allowed  to  vote.  The  very  word  "  fran- 
chise," as  every  lawyer  will  bear  me  out  in  saying,  means  Si  particular,  and 
not  a  general  right.  It  is  not  a  franchise  that  belongs  to  everybodj-.  I 
say,  then,  that,  under  the  doctrine  of  Jefierson,  the  elective  franchise  has 
been  awarded  to  classes, /or  the  purpose  of  perpetuating  a  rejmblican  form  of 
government,  and  as  indispensable  to  the  attainment  of  that  end.  For  it  was 
only  reasonable  that  the  privilege  of  the  ballot  should  be  withheld,  from 
negroes,  or  from  any  other  class,  not  citizens  of  the  United  States,  destitute 
of  a  knowledge  of  the  principles  and  workings  of  our  government,  and 
not  by  nature  qualified  to  exercise  with  sufiicient  judgment  the  privilege 
of  the  ballot.  That  privilege  was  consequently  restricted  to  white  men, 
citizens  of  the  United  States,  and  twenty-one  years  of  age.  That  is  the 
class  known,  to  all  the  States,  as  voters.  In  some  States  there  are  some 
other  classes  who,  under  certain  restrictions,  are  permitted  to  vote;  but 
the  class  to  which  I  refer  exists  in  all  the  States.  'Row  I  know,  and  every 
man  in  this  house  knows,  that,  as  a  class,  young  men  of  the  white  race,  from 
twelve  to  twenty-one,  are  more  competent  to  exercise  the  elective  fran- 
chise, than  the  negro  race  in  the  South.  There  is  not  an  unprejudiced  man 
in  this  house,  but  knows  this  to  be  true.  Then  why  do  you  propose  to  en- 
franchise the  negro  race,  as  a  class,  and  to  keep  unenfranchised  the  class 
of  whites  from  twenty  down  to  twelve,  known  to  be  more  intelligent,  and 
to  be  better  informed  concerning  our  form  of  government?  What  is 
your  object  ?  What  can  be  the  motive  ?  I  will  tell  you,  sir !  I  was  told, 
(  146  ) 


Jan.  16th.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.   [Stli  Day. 


Adoption  of  the  Constitution  of  1864.— C  YPEET— WTATT. 


bv  one  of  the  Eepublican  members  of  this  body,  yesterday  morniDg,  or 
the  evening  before.  In  the  course  of  conversation  with  him,  on  tliis  subject, 
he  told  me,  plainly,  the  motive.  I  asked  him,  as  a  citizen  of  Arkansas, 
whose  interests  were  identified  with  those  of  the  State, — "  Your  interests 
are  all  here;  you  want  to  perpetuate  the  government  of  the  State  and  of 
the  country,  of  which  you  are  a  citizen  :  why  introduce  an  element,  the  in- 
troduction of  which  you  must  kuoic  will  tend  to  the  ultimate  dissolution  of 
that  government  ?" — "TTe  waxt  the  negro  vote,  to  coxirol  you  rebels  I"' 

Mr.  WYATT.  I  am  the  man  you  were  talking  to. 

Mr.  CYPERT.  You  are  the  man. 

Mr.  AVYATT.  Thaf's  what  /  want  it  for !  [Laughter  and  applause.] 
his  seat.']  I  want  it,  to  control  just  such  men  as  you  ! 

Mr.  CY^PERT.  Is  it  a  pure  motive  :  I  am  not  a  rebel  to  the  Consti- 
tution of  the  United  States,  nor  to  the  United  States  Government:  and 
never  was.  I  am  a  rebel  to  fanaticism  I  [Applause  from  the  left  of  the 
hall.]  1  am  a  rebel  against  oppression  I  [Applause.]  I  am  a  rebel  against 
the  proscription  of  my  race  I  I  am  a  rebel  against  tyranny,  forever  I  [Re- 
newed applause  from  the  left.]  [To  Mr.  Tv^yatt.]  Are  i/ou  that  ?  Are  you 
that?  But  I  am  loyal  to  the  Constitution  of  the  United  States:  I  am  loyal 
to  the  State  of  Arkansas;  I  am  loyal  to  all  the  powers  of  our  Government, 
and  never  would  violate  a  law.  I  have  never  been,  I  have  never  felt, 
otherwise.  I  rebel  against  certain  politicians;  against  politicians  who 
have  no  benefits  to  extend  to  their  constituents.  Is  it  a  pure  motive,  that 
leads  us  to  seek  the  aid  of  ignorance,  in  order  that  we  may  overcome,  put 
down,  and  destroy,  men  whom  we  may  consider  rebellious?  If  you  op- 
pose Congress,  and  the  Republican  Party,  you  are  a  '"'rebel!''  Loyalty, 
in  the  lexicon  of  some  gentlemen,  means,  fealty  to  the  Republican  Party 
— nothing  more  than  that,  and  nothing  less.  I  have,  since  I  have  been 
in  the  city  of  Little  Rock,  heard  members  of  the  Republican  Party  called 
rebellious,  because  they  did  not  want  to  swallow  everything  that  certain 
Radicals  wanted  to  cram  down  their  throats.  ''ITou  rebel,  you  V  You 
rebel,  you  I"  In  Radical  parlance,  if  a  man  opposes  the  Radical  Party, 
he  is  "  disloyal !"  It  is  played  out  I""  Is  the  proposition  of  the  gentle- 
man from  Searcy  [Mr.  AVyatt],  a  laudable  one?  AVill  he  admit  to  the 
ballot  a  class  universally  admitted  to  be  incompetent  to  exercise  intelli- 
gently the  elective  franchise,  simply  in  order  to  vent  his  party  spleen  upon 
individuals?  Is  it  laudable,  or  patriotic?  Do  you  love  your  country 
better  than  yourself?  Do  you  desire  to  perpetuate  the  institutions  of  our 
country  to  your  posterity,  or  do  you  wish  to  keep  up  commotion  and 
strife  within  its  limits,  forever?  If  this  is  your  wish,  it  is  not  a  patriotic 
one.  The  sole  desire  of  the  patriot^  in  civil  matters,  is  for  the  prosperity 
of  his  country, — for  the  transmission,  to  posterity,  of  the  institutions 
handed  down  to  him  by  the  founders  of  the  Government. 

(  147  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Adoption  of  the  Constitution  of  1864.— CYPERT. 


Again,  I  contend  that  the  negro  race,  as  a  class,  should  not  be  permitted 
the  exercise  of  the  elective  franchise,  for  the  reason  that  they  are  not  citi- 
zens of  the  United  States.  While  I  am  a  citizen,  and  sworn,  as  I  am,  to 
support  the  Constitution  of  the  United  States,  I  cannot  violate  that  oath 
in  order  to  enfranchise  them.  Does  some  gentleman  ask, ''Why?  Are 
they  not  born  here  ?"  Yes.  "  Why,  then,  are  they  not  citizens  ?"  It  is 
enough,  for  me,  that  the  highest  judicial  authority  known  in  the  United 
States  has  decided  that  they  are  not  citizens.  And  that,  Congress  has  de- 
clared, by  submitting  to  the  States  the  Fourteenth  Amendment  to  the 
Constitution.  Sir,  is  it  not  a  most  remarkable  proceeding,  that  a  class  of 
persons  should  be  used  as  instruments  to  make  themselves  citizens  of  the 
Union,  whether  the  present  citizens  want  them  or  not  ?  Is  it  not  remark- 
able, I  repeat,  that  such  a  class  should  be  permitted  by  their  own  acts  to 
install  themselves  as  citizens?  Suppose  that  G-ermany  were  to  send 
hither,  at  once,  a  sufficient  number  of  her  people  to  constitute  a  great 
power  in  the  hands  of  a  political  party ;  and  that  they  would  not  wait  for 
the  ordinary  process  of  naturalization;  but  Congress,  wanting  their  votes, 
should  immediately  declare  that  all  the  States  were  in  rebellion,  and  no 
legal  government  existed  within  their  borders,  and  should  thereupon  order 
an  election,  in  which  these  Germans  should  have  the  privilege  of  voting  to 
make  themselves  citizens.  Would  it  not  be  considered  a  somewhat  remark- 
able proceeding?  If  these  men  are  not  now  citizens  of  the  United  States, 
we  cannot  afford  them  the  right  of  citizenship,  until  we  shall  have  changed 
the  Constitution.  And  we  have  7iot^  yet,  in  that  regard,  changed  the  Con- 
stitution. 

I  must  advert  to  one  view  of  the  subject,  which  may  seem  remarkable, 
and  new,  to  gentlemen  on  this  floor.  We  are  under  the  domination  of 
crowned  heads.  We  have  for  four  years  been  under  the  domination  of 
crowned  heads.  What  abolished  slavery?  England  and  France  said, 
"  The  Southern  States  are  making  this  war  in  the  interest  of  slavery ;  on 
that  ground  we  are  unwilling  to  recognize  the  Southern  Confederacy;  but 
if  you,  the  United  States,  are  sustaining  slaver}^,  we  may  as  well  recognize 
the  South."  President  Lincoln  thereupon  issued  his  Proclamation,  and 
upon  Exactly  that  ground.  Had  that  Proclamation  not  been  issued,  those 
great  powers  would  within  sixty  days  have  recognized  the  Southern  Con- 
federacy. 

This  was  not  all.  The  English  Chamber  of  Commerce  entered  upon 
the  undertaking  of  procuring  the  production  of  cotton  elsewhere  than  in 
America.  They  have  acquired  such  a  foothold,  in  that  undertaking,  that 
it  is,  to-day,  impossible  for  us  successfully  to  compete  with  them.  They 
patted  the  Abolitionists  on  the  back.  They  thought  the  Abolitionists 
would  destroy  the  system  of  labor  by  which  cotton  was  produced  in  the 
United  States,  and  that  then  the  very  competition,  till  then  impossible, 
(  148  ) 


Jan.  16th.]    AEKAX5AS  COySTlTUTIOXAL  COXVEXTIOX.    [Sth  Day. 


Adoption  of  the  Constitution  of  1864,— CYPEET. 

which  now  keeps  our  cotton  at  its  present  prices,  would  be  rendered 
practicable.  That  was  accomplished;  but  still  they  were  not  satisfied. 
The  war  closed  too  soon  for  their  purposes.  A  system  still  existed  here, 
by  which  we  would  quickly  have  been  able  to  resume,  to  a  great  extent, 
our  relative  position  to  the  powers  of  Europe.  If  they  were  to  maintain 
their  ascendency,  something  must  be  done.  Our  natural  advantages  could 
be  counterbalanced  only  by  some  measure  which  should  practically  stop 
the  production  of  cotton  in  the  Southern  States.  ''Cotton,"'  said  they, 
"  has  been  their  king.  ^Ve  must  destroy  their  king.''"  The  destruction 
of  the  system  of  labor  that  produced  the  cotton  of  America,  had  still  left 
Europe  unable  to  compete  with  us  in  time  of  peace.  Then  took  place  an 
occurrence  without  a  precedent  in  the  history  of  the  E^nited  States.  The 
British  Minister  at  T\^ashington  was  invited  to  go  before  the  Committee 
of  Vays  and  Means,  at  AVashington,  for  consultation  upon  this  subject. 
He  wanted  seven  cents  tax  upon  cotton.  The  Committee  couldn't  go 
that.  ''How  much  can  you  go?"  '-We  will  give  live  cents  a  pound.'"'" 
The  bill  was  so  reported.  There  were  members  of  Congress  still  unwil- 
ling to  do  this.  They  were  willing  to  "  punish  rebels,'"'"  but  not  to  destroy 
the  commerce  of  America.  The  tax  was  reduced  to  three  cents  per  pound. 
And  that  protection  to  the  European  production  of  cotton,  has  been  kept 
up,  not  for  the  benefit  of  the  Emited  States,  but  to  gratify  the  prejudices  of 
members,  in  the  punishment  of  rebels.  The  result  is,  the  country  is  pros- 
trated, her  commerce  is  ruined.  The  "  king'"  of  commerce  is  killed.  ^Ve 
can  never  again  compete  with  the  European  production.  The  Eepublicans 
may  talk  as  they  please  of  sympathy  for  the  negro  race ;  my  sympathy  is  for 
the  country,  and  for  the  country's  good.  ^Vhen  we  shall  have  destroyed 
our  commerce,  and  brought  on  a  repetition  of  internal  strife,  Europe  may 
reach  over  her  arm,  and  say, — "  Go  in !"  That  is  the  situation  we  are  in. 
Thither  we  are  driving,  as  fast  as  the  Eadical  Earty  can  push  us  to  the 
wall,  ^^e  protect  the  European  production  of  cotton.  I  want  the 
negroes  to  understand  me.  They  produce  cotton.  They  have  been  the 
partners  of  men  who  have  produced  it.  I  say  to  them, — you  pay,  to  the 
G-overnment  of  the  United  States,  fifteen  dollars  on  every  bale  you  raise. 
The  Congress  of  the  United  States  pretend  to  be  your  friends.  Since  the 
time  of  which  I  have  spoken,  you  have  paid  to  the  United  States,  fifteen 
dollars  on  the  bale,  which  is  just  about  as  much  as  the  cotton,  now-a-days, 
is  worth.  And  yet  that  very  Government,  which  was  thus  unnecessarily 
imposing  that  exorbitant  tax,  pretended,  all  the  while,  to  be  your  devoted 
friend.  If  voting  costs  you  fifteen  dollars  on  every  bale  you  raise,  don't  vote  ! 

These  are  facts,  which  cannot  be  denied.  I  assume  them  as  true,  and 
can  produce  the  proof  I  challenge  any  man  to  deny  them.  The  tax  last 
year  was  fifteen  dollars.  It  was  then  reduced  to  twelve  and  a  half  dollars. 
And  yet,  this  is  the  glorious  Eepublican  Earty  I    I  have  shown  you  how 

(  U9  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Adoption  of  the  Constitution  of  1864.— C  YPEET„ 


the  result  was  arrived  at, — it  was  through  the  influence  of  crowned  heads, 
acting  upon  the  prejudices  of  the  party  dominant  in  Congress.  I  don't 
want  to  tickle  any  class  of  men,  in  my  country,  on  one  side,  and  stab  them 
on  the  other.  I  don't  want  to  amuse  the  negro  race  in  the  South,  with 
the  idea  that  I  am  trying  to  fight  for  their  enfranchisement,  and  at  the  same 
time  to  put  in  my  pocket  everything  they  make,  and  so  to  keep  them 
poor,  and  keep  them  under  me  forever.  I  want  to  extend  the  protection 
of  the  law  to  them.  I  do  not  wish  unnecessarily  to  tax  their  labor.  That 
labor  was  once  their  masters'.  It  was  then  common  for  negroes  to  raise 
four  bales  to  the  hand.  At  fifteen  dollars  per  bale, — supposing  that  each 
man  raises  the  same  amount  at  present,— you  pay  every  year,  to  the  Gov- 
ernment of  the  United  States,  for  this  glorious  privilege  of  suffrage,  sixty 
dollars, — almost  as  much  as  a  negro  would  hire  for.  You  are,  then,  trans- 
ferred from  your  former  masters,  only  to  become  slaves  of  the  dominant 
party, — who,  as  I  have  said,  tickle  you  on  the  one  side  and  stab  you  on 
the  other. 

But  we  were  told,  from  the  other  side  of  the  house,  that  we  owe  the 
negroes  a  debt, — that  they  went  honorably  into  the  army,  and  fought  for 
the  Union,  and  that  they  bared  their  bosoms  and  shed  their  blood  upon 
every  battle-field.  It  was  beautiful  oratory  !  What  did  they  know  of 
patriotism,  sir?  They  were  not  told  that  they  were  to  fight  to  perpetuate 
the  Union.  Had  the  Union  been  perpetuated  as  it  was  formed  by  our 
fathers,  they  would  still  have  been  slaves,  l^o  !  They  were  told, — "  We 
will  make  you  free;  for  we  hate  your  masters."  They  were  told  to  hate 
their  masters.  I  say  to  their  representatives  on  this  fioor, — -the  Government 
formed  by  our  fathers  made  you  slaves — you  were  not  fighting  for  the 
Union — you  wer^  fighting  for  what  you  supposed  to  be  a  nobler  cause, — 
it  was  for  your  own  freedom.  The, lovers  of  the  Constitution  and  the 
Union  owe  you  no  debt  because  they  set  you  free. 

Have  we  not  paid  every  debt  we  owe,  even  were  any  due?  Although 
the  labors  of  the  black  race  in  this  country  have  for  generations  been 
given  to  the  white  man,  have  they  not  been  amply  compensated  by  the 
corresponding  benefits  returned  ?  Where  was  your  race  ?  From  what 
condition  did  we  take  you,  to  bring  you  hither  ?  You  sought  not  the 
change.  You  sought  not  Christianized  society.  In  what  state  are  your 
brothers  in  Africa,  to-day— those  who  are  in  the  same  condition  from  which 
your  fathers  were  taken,  when  brought  to  America?  I  will  read  from  a 
work  written  by  Mr.  Baker,  an  English  subject,  an  opponent  of  slavery  in 
all  its  forms.  He  visited  Africa  to  explore  the  sources  of  the  Nile  ;  and 
his  work  presents  a  candid  statement  of  all  that  he  witnessed  in  the  course 
of  his  travels  : 

"  The  black  man  is  a  curious  anomaly,  the  good  and  bad  points  of  human 

(  150  ) 


Jan.  16th,]  AEKA^s^SAS  COXSTITUTIOXAL  CO^^YENTIOX    [8th  Day. 


Adoption  of  the  Constitution  of  1864.— CYPERT. 


nature  bursting  forth  without  any  arrangement,  like  the  flowers  and  thorns  of 
his  own  wilderness.  A  creature  of  impulse,  seldom  actuated  by  reflection,  the 
black  man  astounds  by  his  complete  obtuseness.  and  as  suddenly  confounds  you 
by  an  unexpected  exhibition  of  sympathy.  From  a  long  experience  with  African 
savages,  I  think  it  is  as  absurd  to  condemn  the  negro,  in  toto.  as  it  is  preposte- 
rous to  compare  his  intellectual  capacity  with  that  of  the  white  man.  It  is 
unfortunately  the  fashion  for  one  party  to  uphold  the  negro  as  a  superior 
being,  while  the  other  denies  him  the  common  powers  of  reason.  So  great  a 
difference  of  opinion  has  ever  existed  upon  the  intrinsic  value  of  the  negro,  that 
the  very  perplexity  of  the  question  is  a  proof  that  he  is  altogether  a  distinct 
variety.  So  long  as  it  is  generally  considered  that  the  negro  and  the  white  man 
are  to  be  governed  by  the  same  laws  and  guided  by  the  same  management,  so 
long  will  the  former  remain  a  thorn  in  the  side  of  every  community  to  which 
he  may  unhappily  belong.  ^Yhen  the  horse  and  the  ass  shall  be  found  to  match 
in  double  harness,  the  white  man  and  the  African  black  will  pull  together 
under  the  same  regime.  It  is  the  grand  error  of  equalizing  that  which  is 
unequal,  that  has  lowered  the  negro  character,  and  made  the  black  man  a 
reproach." 

^  ^  H<  ^  '4^  ^ 

"In  childhood,  I  believe  the  negro  to  be  in  advance,  in  intellectual  quickness, 
of  the  white  child  of  a  similar  age;  but  the  mind  does  not  expand:  it  promises 
fruit,  but  does  not  ripen  ;  and  the  negro  man  has  grown  in  body,  bttt  has  not 
advanced  in  intellect.  The  puppy  of  three  months  old  is  superior  in  intellect 
to  a  child  of  the  same  age.  but  the  mind  of  the  child  expands,  while  that  of  the 
dog  has  arrived  at  its  limit.  The  chicken  of  the  common  fowl  has  sufficient 
power  and  instinct  to  run  in  search  of  food  the  moment  that  it  leaves  the  egg. 
while  the  young  of  the  eagle  lies  helpless  in  its  nest.  But  the  young  eagle 
outstrips  the  chicken,  in  the  course  of  time." 

These  are  very  legitimate  comparisons,  and  correspond  exactly  with 
the  result  of  my  observations  of  the  negro  race.  The  precocity  of  the 
negro  child  is  greater  than  that  of  the  white — I  know  it  from  having  seen 
them  play  together.  They  pick  up  more  quickly  whatever  knowledge 
reaches  the  child  through  the  natural  organs  of  sight  and  hearing.  But 
the  mind  of  the  Caucasian  race  expands,  looks  to  the  future;  it  leaves 
edifices  behind  it,  it  builds  governments  and  kingdoms,  it  rears  structures 
that  stand  forever  as  monuments  of  the  race.  AVhen  was  that  ever  done 
by  the  African  ?  I  mean,  the  negro.  There  are  African  races  who  are 
not  negroes.  But  where  has  the  negro  ever  so  much  as  attempted  this  ? 
Wherever  he  has  made  the  effort,  it  has  been  an  e2:reci:ious  failure.  There 
are  shoots  that  come  up,  exceptions  to  the  general  rule.  1  speak  of  classes. 
The  occasional  exceptions  are  sometimes  remarkable ;  but  I  speak  of  the 
race  as  a  class. 

The  conclusion,  then,  at  which  I  arrive,  is  this.  Let  us  afford  to  them 
the  protection  of  the  law;  but  let  us  not  give  them  a  privilege  the  exercise 

(  1^1  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Adoption  of  the  Constitution  of  1864.— CYPEET. 


of  which  would  be  .their  inevitable  destruction.  Let  us  not  continue,  as 
Mr.  Baker  says,  that  thorn  in  the  flesh  of  the  community.  Let  us  afford 
them  the  same  protection  that  our  wives  and  our  daughters  have, — the 
right  of  liberty,  the  right  of  property,  and  of  the  pursuit  of  happiness. 
Let  us  afford  to  them  the  same  rights  enjoyed  by  the  w^hite  man  under  the 
age  of  twenty-one.  Let  them  be  as  minors.  They  are  nothing  but  mi- 
nors, as  yet;  and  when  they  have  proven,  to  a  dispassionate  people,  that 
they  constitute  a  fit  element  for  incorporation  into  our  political  body,  it 
will  then  be  ample  time  to  bring  them  in.  Why  ask  the  State  of  Arkan- 
sas to  do  that  which  has  not  been  done  by  the  States  where  the  resident 
negroes  have  not  so  recently  been  given  their  freedom  ?  In  those  States 
the  negro  race  is  much  more  competent  to  the  exercise  of  the  elective 
franchise,  than  with  us.  They  are  better  educated.  Yet,  as  a  rule,  they 
have  been  denied  the  privilege  of  suffrage.  Many  of  the  most  undoubt- 
edly loyal  States  of  this  Union  have  but  recently,  on  an  issue  distinctly 
presented,  refused  to  extend  the  franchise  to  a  class  of  blacks  decidedly 
more  intelligent  than  those  of  Arkansas.  Why  do  you  ask  us  to  do  it  ? 
It  can  be  from  no  other  motives  than  those  avowed  by  the  gentleman 
from  Searcy.  I  have  hoped  that  the  majority  of  this  Convention  w^ere 
not  ready  to  act  from  so  impure  and  prejudiced  a  motive,  a  motive 
prompted  by  the  worst  passions  of  human  nature.  Sir,  let  us  extend  to 
those  erring  brethren  who  went  into  the  rebellion,  the  hand  of  forgive- 
ness. Let  us  not  do  another  wrong  for  the  wrong  they  have  done.  Let 
us  make  them  our  equals.  Let  us  extend  charity  to  them.  Let  us  not 
affix  a  punishment  to  a  crime  not  known  to  the  law  when  the  law  was 
made.  If  we  do  so,  we  violate  the  Constitution  of  the  United  States,  and 
the  oath  imposed  upon  us,  to  support  that  Constitution.  We  took  that 
oath.  I  took  it  gladly,  for  I  love  the  Constitution  of  the  United  States. 
I  will  not  violate  that  oath  by  my  consent  to  an  ex  post  facto  law. 

I  had  intended  to  say  more;  but  my  physical  strength  is  failing,  and  I 
shall  have  to  desist.  But  I  must  appeal  to  the  citizens  of  Arkansas,  I 
must  appeal  to  you,  for  the  sake  of  posterity^  in  the  name  of  everything 
that  is  sacred  to  an  American  citizen,  not  rashly  to  allow  your  prejudices 
to  run  you  into  madness.  I  appeal  to  you,  in  the  name  of  our  common 
country,  in  the  name  of  God,  who  has  set  His  stamp  upon  the  different 
races  of  mankind, — let  us  not  do  a  thing  which  God  Himself,  in  His  reve- 
lation of  ITature,  has  forbidden.  Let  us  not  attempt  to  render  homo- 
geneous, races  essentially  dissimilar  and  unequal.  Our  fathers  made  a 
government  for  the  white  man.  Let  us  govern  it.  And  if  the  African 
race  in  our  midst  are  fully  protected  in  their  legal  rights,  they  enjoy  all 
the  benefits  which  of  right  belong  to  them  in  our  country,  and  all  the 
essential  benefits  of  freedom.  If  they  are  not  satisfied  with  that,  and 
want  a  country  of  their  own,  let  the  Government,  in  some  reasonable 
(  152  ) 


JaE.  lOth,]   AEKAXSAS  COySTITrTIOVAL  COyVEXTIOX.   [m.Ii  Lav, 


I-ciie— Extensa.— HIXKLE. 


way.  prepare  a  hoiae  and  a  government  for  them.  Let  us  not  have,  for- 
ever, a  thorn  in  our  own  sides — a  hone  of  contenrion  in  our  midst.  I  do 
not  heii-T-  -hat  to  hestow  a  prop.-er  education  upon  the  colored  race,  and 
to  purchase  :or  them  a  soil  fitted  for  their  nature,  there  to  live.  and.  if 
they  would,  to  pu'osper.  would  require  the  amount  of  money  that  it  has 
taken  to  keep  up  a  military  government,  and  to  hold  us  under  Radical 
rule,  since  the  surrender.  Give  them,  when  placed  in  such  a  situation,  a 
year's  snbsistencej  and  all  the  necessary  implements  of  industry.  I  want 
them  to  prosper.  But  I  know,  from  the  examples  of  history,  that  as  long 
as  we  hold  them  among  us,  and  keep  them  as  a  bone  of  contention  in  our 
political  aiiairs.  they  will  remain  a  thorn  in  our  side.  I  do  believe  the  in- 
evitable result  of  the  rule  of  the  Eadical  Party,  will  be  the  devastation  of 
our  country,  and  utter  ruin  to  the  African  race  among  us. 

IXCIDEXTAL  EXPENSES. 

Mr.  KLS  K  1 7F,  [JI  \  Bradley  m  the  chmf]  asked  leave  to  offer  a  motion 
that  the  Doorkeeper  be  authorized  to  purchase  brooms,  for  the  purpose 
of  keeping  clean  the  floor  of  the  capitol;  and  that  the  expense  of  the 
same  be  defrayed  from  any  moneys  which  miirht  be  appropriated  to  the 
r  s.yri'ient  of  the  contingent  expenses  of  the  Convention. 

y-j  objection  being  made  to  the  introduction  of  the  motion. 
The  question  was  taken  :  and  the  motion  was  agreed  to. 
Mr.  HEnDS  moved  that  the  Convention  adjourn. 
Tne  q-.^esrlon  was  taken:  and  the  motion  was  agreed  to: 
And  thereupon,  at  1.  p.3i..  the  Convention  adjourned  to  10.  a.m..  oi 
Friduy.  January  17th. 


X  I  N  T  H  DAY. 

FRrnAY.  Jnv'j.ary  17fA.  1S6S. 

Con--n::-L  r.»:  a:  10.  a.m. 

Pr:  y^:--r  was  ofiered  by  the  Chaplain. 

Ti^e  r:>_.  was  called:  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

Tne  Jour:, a.  ;  :'       yr-oeding  day  was  read  and  approved. 


(  153  ) 


1868.] 


DEBATES  AXD  PEOCEEDIISrGS  OF  THE 


[Friday, 


County-seat  of  Little  Eiver  County.— SCOTT— HINDS— HICKS— KYLE. 


COUNTY-SEAT  OF  LITTLE  RIVER  COUNTY. 

Mr.  SCOTT  offered  the  following  Ordinance : 

Be  it  ordained  by  the  People  of  the  State  of  Arkansas,  in  Convention  assembled  : 
That  the  County-seat  of  Little  Eiver  County  be  located  at  Eocky  Comfort,  in 
said  County,  and  that  said  location  shall  be  pernianent,  unless  changed  by  a 
vote  of  two-thirds  of  the  registered  voters  of  said  County. 

That  the  County  Court  of  said  County  be  authorized  at  any  time  to  order 
an  election  to  ascertain  the  will  of  the  people  of  said  County;  provided,  that 
no  two  elections  shall  be  ordered  or  held  within  seven  years  of  each  other. 

In  case  the  said  Court  shall  order  an  election,  the  vote  shall  be  taken  "  for 
removal,"  or  "  against  removal." 

In  case  two-thirds  of  the  registered  voters  in  said  County  vote  for  removal, 
the  County  Court  shall  then  proceed  to  order  an  election  for  three  Commis- 
sioners to  locate  said  County-seat;  w^ho,  upon  receiving  their  certificates  of 
election  from  the  Clerk  of  the  County  Court,  shall  proceed  to  locate  the  said 
County-seat,  without  unnecessary  delay. 

Mr.  HII^DS  moved  that  the  Ordinance  be  referred  to  the  Committee 
on  Memorials  and  Ordinances. 

The  PEESIDENT.  The  Chair  is  inclined  to  believe  that  ordinances 
should  take  the  same  course  as  bills. 

Mr.  HICKS.  I  believe  we  came  here  for  the  purpose  of  establishing 
the  organic  law  of  the  State.  This  appears  to  be  a  subject  rather  for  legis- 
lation. I  would  like  to  know  whether  we  are  a  legislative  body,  or  a  con- 
vention ?  If  we  are  to  legislate  on  subjects  of  this  character,  and  make 
such  legislation  a  part  of  the  Constitution,  there  will  be  nobody  in  the 
State  able  to  understand  the  Constitution  when  we  get  done. 

The  PEESIDEISTT.  The  Chair  presumes  it  is  perfectly  competent  for 
the  Convention  to  pass  an  ordinance. 

Mr.  KYLE.  I  intend,  before  taking  my  seat,  to  move  to  refer  that  Ordi- 
nance to  the  Committee  on  the  Judiciary.  And  I  shall  do  so  for  the  pur- 
pose of  ascertaining  whether  this  Convention  proposes  to  enter  upon  a 
course  of  general  legislation.  I  had  supposed  that  we  had  come  here  for 
the  purpose  of  revising  the  State  Constitution.  I  am  aware  that  some 
questions  will  arise  before  us,  which  will  require  something  of  legislation. 
But  with  reference  to  all  questions  that  should  properly  be  presented  for 
the  action  of  the  people  through  their  legislative  body,  I  hold  that,  unless 
for  some  good  and  sufficient  reason,  we  should  confine  ourselves  strictly 
to  the  object  for  the  accomplishment  of  which  we  were  called  together. 
If  we  propose  to  go  into  a  system  of  legislation,  and  to  do  everything  that 
may  be  proposed,  in  that  line,  there  is  no  telling  how  long  we  are  to  stay 
here,  or  what  is  to  be  done.  I  do  hope  that  the  Convention  will  go  to 
(  154  ) 


Jan.  17th.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.   [9tli  Day. 


Lafayette  County  Election.— MO^fTGOMERY. 


work,  revise  the  State  Constitution, — the  legitimate  object  which  the 
people  sent  us  here  to  effect, — accomplish  our  work,  present  it  to  the 
people,  for  their  consideration,  and  so  provide  that  in  case  of  the  ratifica- 
tion of  the  Constitution,  a  Legislature  may  be  elected,  to  come  here  and 
legislate  for  the  State.  Let  us,  as  the  nearest  path  to  the  accomplishment 
of  all  desirable  legislative  measures,  set  the  proper  machinery  of  legisla- 
tion at  work,  as  speedily  as  possible,  and  not  remain  here,  legislating,  our- 
selves, upon  subjects  over  which,  as  I  believe,  we  have  no  control. 

For  these  reasons  I  move  to  refer  the  Memorial  to  the  Committee  on 
the  Judiciary,  in  order  that  we  may  have  a  report  from  that  Committee, 
upon  that  identical  point, — whether  we  are  to  legislate,  here,  for  the  whole 
State,  upon  every  question  of  a  legislative  character  that  may  be  brought 
before  us,  or  whether  we  are  simply  to  revise  and  amend  the  Constitution, 
submit  it  to  the  people,  and  go  home, 

Mr.  HODGES,  of  Pulaski.  I,  for  one,  do  not  believe  we  have  any  legis- 
lative powers  of  this  kind;  and  for  that  reason  I  do  not  wish  to  enter  into 
the  merits  of  the  question.  I  think  that  if  there  is  any  legislation  needed, 
under  this  Constitution,  the  sooner  we  get  the  Constitution  completed,  and 
submit  it  to  the  people,  the  sooner  the  legislation  Avill  be  accomplished. 
That  is  all  the  speech  I  have  to  make  on  the  subject. 

Mr.  BEOOKS.  I  suppose  there  is  no  room  for  controversy  upon  the 
subject.  We  propose  to  exercise  legislative  functions,  so  far  as  may  be 
necessary  in  order  to  carry  out  the  purpose  of  framing  and  submitting  a 
Constitution,  and  so  organizing  a  government  for  the  State — so  far  and 
only  so  far.  I  think  vre  are  wasting  time  in  discussing  the  merits  of  the 
question,  upon  the  subject  of  reference.  The  consideration  of  the  merits 
of  the  question  properly  belongs  to  the  Committee  on  Ordinances.  Let 
us  refer  it  there.  I  think  there  is  no  question  as  to  the  course  which  will 
be  taken  in  the  matter. 

The  question  was  then  taken  on  the  adoption  of  the  amendment:  and 
it  was  not  agreed  to. 

Mr.  MONTGOMERY  moved  to  amend  by  referring  the  Ordinance  to 
the  Committee  on  Miscellaneous  Provisions. 
The  amendment  not  being  seconded. 

The  question  was  taken  on  the  motion  to  refer  the  Ordinance  to  the 
Committee  on  Ordinances;  and  the  motion  was  agreed  to. 

LAFAYETTE  COUXTT  ELECTIOX. 

Mr.  MOXTGOMEPY  presented  the  following  memorial: 

Little  Eoce:,  Akk.,  Jan.  16,  1868.  . 
To  the  Hon.  President  and  Members  of  the  Convention  of  the  State  of  Arkansas : 
G-EXTLEMEN  :  I  respectfully  represent  that  at  an  election  in  the  County  of 

(  155  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Adoption  of  the  Constitution  of  1864. 


Lafayette,  in  said  State,  for  delegates  to  said  Convention,  I  was  elected,  by  a 
majority  of  six  hundred  votes,  as  one  of  said  delegates.  That  said  election  was 
set  aside;  and  that  at  a  new  election,  held  by  order  of  the  military  commander, 
I  received  nearly  all  the  votes  cast,  according  to  the  returns  made  to  the  mili- 
tary commander  of  this  Sub-District.  That  until  returns  are  received  from 
headquarters  4th  Military  District,  the  General  commanding  this  Sub-District, 
cannot  issue  the  proper  certificate.  I  therefore  respectfully  request  that,  in 
accordance  with  the  will  of  my  constituents,  so  emphatically  expressed,  I  may 
be  admitted  to  a  seat  in  the  Convention. 

Yery  respectfully, 

A.  M.  Merrick. 

Mr.  MOl^TGOMERY.  It  is  a  notorious  fact  that  Mr.  Merrick>  was 
elected  by  a  majority  of  six  hundred  and  nine  votes. 

Mr.  CYPERT.  I  rise  to  a  point  of  order.  Does  the  communication 
whicli  has  been  read,  come  under  the  head  of  notices,  memorials,  and 
ordinances?"  I  suppose  the  object  of  the  rule  on  the  subject  of  such 
papers  is,  that  these  matters  should  not  be  taken  up  when  others  are 
already  pending,  and  unfinished. 

Mr.  HODGES,  of  Pulaski.  To  hasten  matters,  I  move  that  the  com- 
munication be  referred  to  the  Committee  on  Elections,  with  instructions 
to  report  as  speedily  as  possible. 

The  PRESIDEOT.  The  gentleman  from  Hempstead  [Mr.  Montgomery] 
has  the  floor. 

Mr.  MONTGOMERY.  That  is  the  motion  which  I  rose  to  make.  I 
only  desired  to  preface  my  motion  by  the  statement  of  some  facts ;  and  I 
claim  the  right  to  do  so. 

I  say  it  is  a  notorious  fact  that  Mr.  Merrick  was  elected,  from  the 
County  of  Lafayette,  as  one  of  the  delegates  to  this  Convention.  Incon- 
sequence of  misrepresentations,  et  ccetera,  his  election  was  set  aside,  and  a 
new  election  ordered.  He  ran  again,  and  received  nearly  all  the  votes. 
He  comes  here  and  applies  for  a  seat  in  the  Convention.  I  have  had  con- 
versation, in  regard  to  this  case,  with  the  commanding  General  of  this 
Sub-District,  whom  I  visited  for  the  purpose  of  ascertaining  what  might 
be  his  opinions  on  the  matter.  It  is  his  desire  and  wish  that  the  Conven- 
tion admit  Mr.  Merrick,  at  once,  to  his  seat  in  this  body. 

I  therefore  move  that  the  application  be  referred  to  the  Committee  on 
Elections,  with  instructions  to  report  forthwith. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

ADOPTION  OF  THE  CONSTITUTION  OF  1864 — RESUMED. 

The  PRESIDEi^T  announced,  as  next  in  order,  the  unfinished  business 
of  the  preceding  day,  being  the  consideration  of  the  Ordinance  entitled 
(  156  ) 


Jan.  17th.]    AEKANSAS  COISTSTITUTIOI^AL  COlSrVENTIOI^.   [9tli  Day, 


Payment  of  Deputy  Sheriifs. 


"An  Ordinance  Adopting  a  Constitution,"  providing  for  the  adoption, 
and  submission  to  the  people  of  the  State,  for  ratification,  of  the  Consti- 
tution of  1864. 

Mr.  MONTGOMERY.  For  the  purpose  of  keeping  the  old  skeleton 
down,  during  the  balance  of  the  session  of  this  Convention,  and  that  it 
may  not  raise  its  head  again,  I  move  that  the  consideration  of  the  subject 
be  indefinitely  postponed. 

The  motion  not  being  seconded, 

Mr.  HODGES,  of  Pulaski,  said :  The  motion  does  not  meet  a  second ; 
and  I  hope  we  may  be  allowed  to  vote  npon  this  question,  directly,  and  to 
record  our  yeas  and  nays,  without  an}^  further  trouble.  The  debate  is 
finished;  and  we  can  vote  at  once. 

Mr.  MONTGOMERY.  I  think  that  the  yeas  and  nays  can  be  taken 
upon  the  question  of  an  indefinite  postponement. 

The  PRESIDENT.  The  gentleman  [Mr.  Montgomery]  is  out  of  order, 
from  the  fact  that  there  is  not  a  second  to  his  motion. 

Mr.  MONTGOMERY.  I  understood  that  there  was  a  second. 

The  PRESIDENT.  The  question  is,  whether  the  Ordinance  shall  be 
read  a  third  time. 

The  question  was  taken  ;  and  it  was  decided  in  the  negative, — Yeas  10, 
Nays  53,  as  follows  : 

Yeas  :  Messrs.  Cypert,  Duvall,  Gantt,  Hicks,  Hoge,  Owen,  Reynolds,  Shop- 
pach,  Walker,  and  Wright — 10. 

Nays  :  Messrs.  Bradley,  Belden,  Bell,  Beasley,  Brashear,  Brooks,  Coates, 
Corbell,Dale,  Evans,  Exon,  Gray  of  JefPerson,  Grey  of  Phillips,  Harrison,  Hat- 
field, Hawkins,  Hinds,  Hinkle,  Hollis,  Hodges  of  Crittenden,  Hodges  of  Pu- 
laski, Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Mat- 
thews, Misner,  Millsaps,  Montgomery,  McClure,  Oliver,  Poole,  Portis,  Priddy, 
Puntney,  Rawlings,  Rector,  Rounsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims, 
Smith,  Snyder,  Van  Hook,  Wilson,  White,  Williams,  and  the  President — 53. 

So  the  Ordinance  was  rejected. 

PAYMENT  OF  DEPUTY  SHERIFFS, 

The  PRESIDENT  laid  before  the  Convention  a  communication  from 
Major  General  E.  0.  C.  Ord,  commanding  Fourth  Military  District,  trans- 
mitting the  accounts  of  Deputy  Sheriffs  of  fifteen  counties,  for  services 
rendered  at  the  election  upon  the  question  of  calling  a  convention  and  for 
the  choice  of  delegates  ;  and  requesting  that  the  Convention  should  take 
measures  for  the  payment  of  such  accounts. 

Mr.  McCLURE  moved  that  the  communication  be  referred  to  the  Com- 
mittee on  Finance,  Taxation,  Public  Debt,  and  Expenditures. 

(  157  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Friday, 


Lafayette  County  Election — Eeduction  in  number  of  Officers. — McCLUEE. 


Mr.  BROOKS.  I  have  no  objections  to  the  reference.  I  have  some 
remarks  to  make,  when  the  subject  shall  be  reported  back,  upon  the 
intrinsic  merits  of  the  proposition. 

The  question  was  taken :  and  the  motion  for  reference  was  agreed  to. 

ADJOURNMENT. 

Mr.  HINDS  moved  that  the  Convention  adjourn. 

The  question  was  taken  ;  and  the  motion  was  not  agreed  to. 

LAFAYETTE  COUNTY  ELECTION — AGAIN. 

The  PRESIDENT.  The  regular  order  of  business  having  been  gone 
through  with,  there  is  nothing  before  the  Convention  at  this  time. 

Mr.  MONTGOMERY.  I  desire  that,  if  possible,  we  should  have  a 
report  from  the  Committee  on  Elections,  in  regard  to  the  case  of  the 
members  from  Lafayette  County. 

Mr.  SARBER.  I  would  state  that  the  Committee  on  Elections  were  in 
session  at  the  time  when  this  question  was  referred.  None  of  the  members 
were  present  at  the  session  of  the  Convention,  when  the  matter  came  up ; 
and  we  have,  in  consequence,  as  yet,  taken  no  action,  and  are  not  prepared 
to  report.  I  would  request  that  the  members  of  the  Committee  be  per- 
mitted to  retire,  forthwith,  that  the  report  may  be  immediately  made  out. 

No  objection  being  made,  the  members  of  the  Committee  on  Elections 
were  permitted  to  retire. 

REDUCTION  IN  NUMBER  OF  OFFICERS  OF  CONVENTION— AGAIN. 

Mr.  CYPERT.  I  desire  to  ascertain  to  what  committee  was  referred 
the  resolutio»,  introduced  at  an  early  day  of  our  session,  concerning  the 
number  of  officers  employed  by  the  Convention. 

The  PRESIDENT.  The  resolution  was  referred  to  the  Committee  on 
Finance. 

Mr.  McCLURE.  The  resolution  was  referred  to  the  Committee  on 
Finance;  and  the  matter  stands  in  this  condition.  In  the  first  place,  there 
are  but  three  Secretaries  on  duty,— the  Secretary  and  two  Assistants. 
There  never  have  been  any  more,  that  I  am  aware  of  After  the  adjourn- 
ment of  the  Convention,  the  Assistants  are  employed  with  the  short-hand 
reporter,  in  making  out  the  transcript  of  the  stenographic  notes  of  the 
debates  and  proceedings.  Their  time,  therefore,  is  fully  consumed.  If  i 
there  are  any  more  clerks,  I  know  nothing  about  it.  For  these  reasons, 
no  report  has  been  made,  and  there  has  been  no  necessity  for  making  it. 
We  could  not  decrease  the  number  of  officers.  The  others  were  neither 
present  nor  on  pay. 
(  158  ) 


Jan.  17th.]  AEKAXSAS  COXSTITUTIOXAL  CO^'TEXTIOX.   [9tii  Day. 


Little  Eock  and  Fort  Smith  Kailroad.— BKOOKS.— CYPEET. 


Mr.  KYLE.    I  will  oifer  the  following  resolution: 

Besolved :  That  the  Committee  on  Finance,  to  whom  was  referred  the  reso- 
lution to  inquire  whether  or  not  there  were  more  officers  than  was  necessary 
for  the  business,  be  instructed  to  report  the  resolution  back  to  the  Convention. 

I  offer  the  resolution,  with  a  view  of  getting  a  report  from  the  Commit- 
tee. It  lias  been  alleged  that  there  are  more  officers  than  are  necessary 
in  order  to  the  transaction  of  the  business  of  the  Convention.  If  that  be 
the  case,  the  subject  ought  to  receive  incjuiry.  I  do  not  pretend  to  say 
that  such  is  the  case.  I  thought,  while  we  were  engaged  in  the  election 
of  officers,  that  the  number  looked  a  rather  unusual  one:  but  I  do  not 
know  whether  it  was  so  or  not.  As  the  question  has  been  raised,  and 
the  allegation  has  been  made  that  there  are  superfluous  officers,  whose 
retention  will  involve  unnecessary  expense  to  the  State,  the  subject  is  a 
proper  one  for  inquiry  and  report  from  the  Committee. 

The  question  was  taken:  and  the  resolution  was  adopted. 

LITTLE  ROCK  AXD  FORT  S3IITH  RAILROAD, 

Mr.  BROOKS  offered  the  following  resolution  : 

Resolved:  That  Thomas  M.  BoAven.  C.  Adams,  and  G.  Smith,  be.  and 
are  hereby,  appointed  Commissioners  to  investigate  the  affairs  of  the  Little 
Eock  and  Fort  Smith  Eailroad.  with  power  to  send  for  persoDs  and  j^apers. 
compel  the  attendance  of  witnesses,  kc.  and  report  to  the  next  Leo-islature  of 
Arkansas. 

Mr.  CITPERT.  There  has  been  an  expression  of  the  sense  of  the  Con- 
vention,— very  consistently,  and  entirely  in  accord  with  mv  own  views,  

to  the  effect  that  we  have  but  one  ta-k  to  accom^Dlish,  and  that  when  we 
travel  outside  of  that,  we  are  exceeding  any  reasonable  exercise  of  the 
power  we  possess.  I  believe  that  the  gentleman  who  has  introduced  this 
resolution,  assumed  this  position.  If  we  can  go  on  to  investis'ate  the 
affairs  of  railroads,  we  can  investigate  anything  else.  If  we  can  appoint 
committees  to  investigate  the  condition  of  railroads  in  the  State,  we  can 
appoint  a  committee  to  investigate  all  the  private  affairs  of  this  country. 
This  Railroad  possesses  its  charter,  granted  by  the  Legislature  of  the  State 
of  Arkansas,  if  there  be  any  such  corporate  body  in  the  world.  And  if 
they  are  exercising  any  authority  outside  of  law, — incompatible,  I  mean, 
with  their  proper  relations  to  the  Government  of  the  United  States, — such 
a  resolution  as  this  might  proceed  from  Congress,  to  institute  an  inquiry 
as  to  whether  or  not  we  are  in  a  state  of  rebellion.  But  that  we  should 
go  into  such  an  investigation,  seems  to  me  most  remarkable.  Suppose  I 
should  offer  a  resolution  to  ascertain  whether  or  not  the  Mail-Acrent  is 

(  159  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Little  Rock  and  Fort  Smith  Eailroad.—CYPERT—BOWEN— HODGES  of  Pulaski. 


doing  his  duty,  and  to  instruct  the  Committee  to  report  to  Congress, — 
would  not  that  be  a  most  remarkable  proceeding?  We  might  as  well  do 
that  as  refer  such  matter  to  a  legislature  in  Arkansas,  w4iich  has  not 
yet  been  created.  This  is  counting  chickens  before  they  are  hatched. 
We  don't  know  that  there  will  ever  be  a  legislature  of  Arkansas.  We 
don't  know  whether  there  has  been  any. 

Mr.  BOWEI^.  [^Mr,  Snyder  in  the  chair.']  I  am  somewhat  surprised 
to  hear  these  remarks  coming  from  the  gentleman  from  White  [Mr. 
Cypert],  who  does  not  live  on  the  line  of  this  railroad,  and  has  no  in- 
terest in  it.  I  do  not  understand  how  it  is  that  he  presents  himself  here 
as  the  champion  of  that  Eoad.  I  live  on  the  line  of  that  railroad,  my- 
self, and  know  more  of  its  affairs  than  the  gentleman  from  White  does, 
and,  probably,  more  than  most  of  the  gentlemen  in  the  Convention. 
While  I  am  not  in  favor  of  our  engaging  in  general  legislation,  I  can  see 
no  possible  objection  to  the  appointment  of  a  committee  to  investigate 
this  matter,  during  the  recess  between  the  adjournment  of  the  Convention 
and  the  assembling  of  the  Legislature ;  and  if  the  affairs  of  the  Road  are 
all  in  proper  condition,  the  gentleman  from  White,  and  the  friends  of  the 
Road,  need  fear  nothing.  If  there  is  anything  wrong  in  the  affairs  of  that 
Road,  then  it  is  right  that  this  Commission  should  be  appointed.  The 
resolution  calls  for  the  incurring  of  no  expense  whatever,  and  it  is  not 
contemplated  to  involve  the  State  in  the  slightest  expenditure.  But  it  is 
demanded,  by  the  people  along  the  line  of  this  road,  that  they  shall  know 
something  of  its  affairs.  The  present  resolution  contemplates  simply  that 
a  Commission  shall  be  appointed,  which  shall  report  to  the  Legislature, 
when  it  shall  assemble,  the  result  of  their  investigation. 

Mr.  HODGES,  of  Pulaski.  Is  it  contemplated  that  any  expense  shall 
be  incurred  in  this  matter? 

Mr.  BOWE]^.    ITo,  sir;  not  a  penny. 

Mr.  HODGES,  of  Pulaski.  I  do  not  see  how  persons  could  be  com- 
pelled to  attend  the  sessions  of  the  Commission,  unless  paid  fees  as  wit- 
nesses, or  in  some  way  compensated  for  their  time  and  trouble.  As  far 
as  the  Commission  is  concerned,  I  suppose  they  would  attend  to  the 
business  gratuitously  ;  but  expense  would  necessarily  be  incurred,  and  I 
do  not  see  how  we  could  compel  the  presence  of  witnesses,  without  pay- 
ing them  mileage,  and  recompensing  them  for  their  time.  If,  as  I  un- 
derstand, it  is  the  intention  that  the  Commission  shall  go  along  the  line 
of  the  road,  and  so  avoid  any  expense  to  the  State,  that  is  another  thing; 
but  it  seems  to  me  that  the  resolution,  in  its  present  form,  needs  amend- 
ment. 

I  move,  as  an  amendment  to  the  resolution,  the  addition  of  the  following 
clause  : 


(  160  ) 


Jan.  17th.]  AEKANSAS  COySTITUTIOXAL  COXYEXTIOX.   [9tb  Day. 


Little  Eock  and  Fort  Smith  Eailroad.— GEis^EEAL  DEBATE. 


Provided,  that  no  expense  shall  be  incurred  by  the  State,  by  reason  of  the 
attendance  of  witnesses,  or  otherwise. 

Mr.  BEASLET.  I  know  nothing  of  this  railroad  matter;  it  may  be 
in  itself  important.  But,  sir,  we  are  attempting,  when  we  undertake 
this  kind  of  business,  to  attend  to  affairs  which  we  are  not  sent  here  to 
meddle  with.  AYe  are  consuming  the  time  of  this  Convention,  in  a  man- 
ner not  anticipated  or  intended  by  the  people.  are  attending  to 
matters  over  which  we  have  really  no  jurisdiction.  The  people  sent  us 
here  to  frame  a  constitution,  and  submit  it  for  their  adoption;  and  when 
we  begin  to  busy  ourselves  with  matters  purely  irrelevant  to  that  purpose, 
I  feel,  for  one,  disposed  to  raise  my  voice  against  such  unnecessary  con- 
sumption of  time. 

Mr.  CTPERT  [the  President  in  the  chair']  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

^Ir.  BEOOKS.  I  feel  no  tenacity  in  regard  to  this  matter.  Gentlemen 
in  this  part  of  the  State  are  perhaps  familiar  with  the  matter,  and  I  am 
not.  It  is  not  any  legislative  action  that  is  proposed;  it  amounts  simply 
to  permitting  certain  citizens  of  the  State,  without  expense  to  the  State, 
to  inquire  into  a  matter  of  great  State  interest,  with  a  view  of  presenting 
to  the  Legislature  of  the  State  the  information  which  they  may  accumu- 
late during  the  interregnum  between  our  adjournment  and  the  meeting  of 
that  body.  Certainly,  no  other  person  in  the  assembly  can  be  more  clear 
and  positive  than  I,  in  his  desire  to  adhere  to  the  most  rigid  construction  of 
our  powers,  and  a  strict  attention  to  our  legitimate  business.  At  the  same 
time,  we  may  pass  a  resolution  simply  authorizing  these  citizens,  under 
our  auspices,  and  by  authority  of  the  people  of  the  State,  to  accumulate 
information  of  the  character  proposed  by  this  resolution,  which  may  be 
of  great  interest  to  the  pieople  of  the  State.  I  feel,  as  I  have  said,  no 
tenacity  on  the  subject;  but  I  do  not  think  the  objections  urged  to  the 
measure  are  sound.  There  is  certainly  no  attempt  at  legislation.  As, 
however,  there  seems  to  be  a  want  of  readiness  on  the  part  of  the  Conven- 
tion to  take  up  this  inoffensive  resolution, — as  we  have  deemed  it  at  pres- 
ent, free  as  it  is  from  anything  of  a  partisan  or  sectional  character, — I  would 
request  that  it  be  referred  to  some  committee,  and  that  we  let  the  matter 
rest,  for  a  day  or  two.  If  it  be  objectionable,  we  have  no  disposition  to 
press  it.  It  merely  seemed  to  be  a  matter  of  interest,  which  might  prop- 
erly be  inquired  into  in  this  way. 

Mr.  SARBER  moved  to  refer  the  resolution  to  the  Committee  on  In- 
ternal Improvements. 

Mr.  HICKS.  I  second  the  motion.  If  there  is  anvthins;  in  the  conduct 
of  this  Company  that  needs  to  be  inquired  into,  I  certainly,  as  a  citizen 
of  this  State,  have  no  objection  to  an  investigation.    I  second  the  amend- 

11  (  161  ) 


1868.]      '        DEBATES  AND  PEOCEEDINGS  OF  THE  [Friday, 


Little  Eock  and  Fort  Smith  rvailroad.— HICKS— BOWEN— KYLE. 


ment,  in  order  that  we  may  obtain  an  insight  into  the  matter.  In 
common  with  the  other  citizens  of  the  State,  I  have  a  right  to  be  in 
some  measure  acquainted  with  the  afiairs  of  a  corporation  in  which  the 
State  has  an  interest.  I  have  no  interest  in  the  franchise,  one  way  or 
another. 

Mr.  BOWE]^  \^M7\  Snyder  in  the  chair'].  There  is  a  tight  springing  up 
upon  this  subject,  that  I  do  not  understand.  Gentlemen  are  interesting 
themselves  in  this  matter,  the  nature  of  whose  interest  I  cannot  at  all 
comprehend.  Geutlemen  on  the  line  of  the  road  desire  to  have  this  mat- 
ter investigated.    The  resolution,  as  amended,  stands  thus : 

Resolved:  That  Thomas  M.  Bowen,  W.  0.  Adams,  and  G-.  W.  Smith,  be,  and 
are  hereby,  appointed  Commissioners  to  investigate  the  affairs  of  the  Little 
Eock  and  Fort  Smith  Eailroad,  with  power  to  send  for  persons  and  papers, 
compel  the  attendance  of  witnesses,  &c.,  and  report  to  the  next  Legislature  of 
Arkansas. 

Provided^  That  no  expense  shall  be  incurred  by  the  State,  by  reason  of  the 
attendance  of  witnesses,  or  otherwise. 

l^Tow,  what  good  is  to  be  obtained  by  referring  this  matter  to  any  com- 
mittee? Why  not  meet  the  matter  squarely,  and  pass  the  resolution  at 
once  ?  It  is  not  proposed  that  any  expense  shall  be  incurred.  If  the 
affairs  of  this  Road  are  in  good  condition,  what  objections  can  its  friends 
have  to  an  investigation? — if  there  be  anything  wrong,  then  I  can  under- 
stand the  reasons  of  the  opposition.  I  hope  there  will  be  no  reference  to 
a  committee. 

Mr.  KYLE.  The  only  objection  that  I  perceive  to  the  passage  of  the 
resolution,  is  that  it  is  one  of  a  legislative  character.  I^ow,  if  there  is 
anything  which  it  is  really  necessary  to  have  inquired  into, — anything 
that  needs  to  be  done  immediately, — then,  if  the  interests  of  the  State  be 
in  danger,  if  the  managers  of  this  Road  have  pursued  any  improper 
course,  if  any  unnecessary  expenditures  are  incurred,  or  if  the  aflairs  of 
the  Corporation  are  in  any  way  so  mismanaged  that  the  interests  of  the 
State  are  liable  to  suffer,  it  may  be  necessary  to  order  an  immediate 
investigation.  But  we  must  consider  how  far  this  Convention  proposes 
to  go  into  the  consideration  of  matters  purely  of  a  legislative  character. 
When  the  General  Assembly  shall  meet  here,  they  will  come  here  to 
attend  to  their  own  peculiar  business.  And  it  will  be  a  very  easy  thing, 
if  the  Legislature  desire,  to  look  into  this  affair,  and,  by  their  own  Com- 
mittee, to  send  for  persons  and  papers.  That  is  the  usual  course.  Why 
a  committee  should  be  raised  by  this  Convention,  to  institute  an  investiga- 
tion, and  submit  their  report  to  the  next  Legislature,  I  am  unable,  with 
my  present  information,  to  understand.  The  only  question  is  that  of 
expense,  and  the  consumption  of  the  time  of  this  body  by  instituting 
(  1G2  ) 


Jan.  17th.]  AEKAIS'SAS  COI^STITUTIOlSrAL  CONYENTIO^^.    [9th  Day. 


Little  Eock  and  Fort  Smith  Kailroad.— KYLE— CYPERT— McCLUEE. 


inquiries  of  this  kind,  when  we  ought  to  be  engaged  in  the  preparation 
of  a  constitution  for  the  State.  Our  affair  is,  to  make  the  necessary 
alteration  in  the  State  Constitution,  in  the  least  possible  time,  curtail  our 
expenses  as  much  as  possible,  get  done  with  business,  and  go  home. 

Mr.  CYPERT.  Permit  me  to  state  this  matter  in  its  precise  attitude, 
that  we  may  all  understand  it.  This  Railroad  Company  is  an  individual. 
It  has  a  charter.  A  violation  of  any  powers  conferred  upon  it,  is  a  viola- 
tion of  law,  and  constitutes  a  proper  subject  of  inquiry  by  a  court  of  the 
country,  in  order  that,  if  the  conditions  of  their  charter  have  been  vio- 
lated, their  charter  may  be  taken  away  from  them.  Or,  a  legislative  body 
might  inquire  into  the  condition  of  the  Road ;  and  if  facts  sufficient  to 
establish  a  violation  of  the  terms  of  its  corporate  existence  should  be 
elicited,  those  facts  vrould  properly  be  brought  before  a  court,  and  the 
charter  thereupon  forfeited.  Is  it  possible  that  we  are  to  appoint  commit- 
tees to  investigate  all  the  affiiirs  of  individuals?  This  Corporation,  I 
repeat,  is  an  individual.  I  will  illustrate.  Suppose  some  gentlemen  in 
this  Convention  should  imagine  that  I  have  two  wives,  and  have  thereby 
violated  the  laws  of  the  country.  They  thereupon  proceed  to  raise  a 
committee,  with  power  to  send  for  persons  and  papers,  to  ascertain 
Avhether  they  have  an  adulterer,  or  a  bigamist,  here.  The  investigation 
might  elicit  facts  which  would  render  me  a  criminal,  and  amenable  to 
punishment  by  a  proper  court.  But  surely  that  is  not  the  proper  way  of 
dealing  with  such  subjects. 

If  Vv^e  were  a  legislative  body,  we  could  proceed  only  by  obtaining  facts, 
w^hich  might  prove  of  value  as  affording  evidence  to  present  to  the  proper 
authorities,  with  a  view  to  a  forfeiture  of  the  charter  of  this  Road.  The 
course  proposed  by  this  resolution  does  seem  so  remarkable,  that  I  cannot 
help  feeling  disgusted. 

Mr.  McCLURE.  This  proposition  is  newly  sprung  upon  me  ;  and  I 
cannot  tell  what  is  its  object.  I  am  advised,  however,  sir — and  I  state  it 
that  I  may  be  corrected  if  I  am  wrongly  informed, — that  the  State  of 
Arkansas  has  an  interest  in  this  Road.  The  gentleman  [Mr.  Cypert] 
says  that,  as  a  corporation,  this  Road  is  an  individual,  and  that  there  is 
great  impropriety  in  our  investigating  its  individual  rights  and  privileges. 
I  am  advised  that  the  State  pays  a  large  sum  to  this  Road,  on  certain 
conditions.  If,  therefore,  the  Legislature  of  the  State  of  Arkansas  had 
the  power  to  appoint  a  Commission  for  the  purpose  of  ascertaining  whether 
the  Company  had  conformed,  in  their  expenditures,  and  all  their  proceed- 
ings, to  the  terms  of  their  charter,  then  this  Convention  has  the  same 
power.  Any  legislation  which  this  Convention  may  undertake,  not  out  of 
conformity  with  the  terms  of  the  Act  under  the  provisions  of  which  .it 
is  assembled,  I  hold  to  be  perfectly  within  the  legitimate  scope  of  its 
powers ;  for  it  is  the  representative  of  the  people  of  the  State,  endowed 

{  16H  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Little  Kock  and  Fort  Smith  Kailroad.— McCLURE— KYLE. 


with  all  the  powers  to  which  the  State  can  lay  claim.  I  suppose  that  if 
this  question  were  raised  in  the  Legislature,  it  would  not  be  questioned  that 
that  body  would,  upon  a  direct  or  implied  charge  of  fraud,  appoint  a  com- 
mittee to  ascertain  whether  any  fraud  has  been  committed,  or  whether  the 
Road  was  properly  earning  its  ten  thousand  dollars  per  mile.  If  you  return 
to  your  constituents,  and  it  prove,  hereafter,  that  a  fraud  has  been  com- 
mitted, how  will  you  answer  the  suggestion  that  you  had  the  power  to  pre- 
vent the  fraud  and  refused  to  exercise  it  ? 

Mr.  KYLE.  All  the  authority  the  Convention  has,  is  given  it  by  the 
power  which  calls  the  Convention.  Whenever  the  people  of  a  State  desire 
to  amend  their  Constitution,  and  the  Legislature  provides  for  a  convention, 
the  question  of  the  call  of  a  convention  is  submitted  to  the  people ;  and  if 
that  call  is  sustained  by  the  people,  the  Legislature  provides  for  the  election 
of  delegates,  who  thereupon  assemble,  and  revise  the  Constitution,  in  those 
particulars  submitted  by  the  people  calling  the  convention.  That  is  their 
proper  duty — that  is  their  province.  Outside  of  that,  they  have  no  legis- 
lative power.  The  Constitution  of  this  State,  under  which  we  now  live, 
provides  that  the  House  of  Eepresentatives  and  Senate  shall  constitute  the 
legislative  department  of  the  State.  "We  are  not  acting,  here,  under  a  call 
of  the  people.  We  are  acting  under  the  provisions  of  an  Act  of  Congress 
prescribing  the  mode  of  reconstruction  of  this  State,  and  of  restoring  its 
broken  relations  to  the  J^ational  Union.  This  act,  and  those  supplementary 
to  it,  provide  for  the  appointment  of  military  commanders,  and  for  the 
appointment,  under  them,  of  registrars,  to  register  the  voters  of  the  State ; 
and  provide,  further,  for  the  holding  of  the  election  and  the  assembling  of 
the  Convention.  There  is  not  one  word,  in  those  acts,  empowering  the 
Convention  to  legislate  upon  a  question  properly  belonging  to  the  people 
of  the  State,  acting  through  their  legislative  body.    Not  a  solitary  word. 

It  is  not  stated  what  is  the  necessity  for  this  action.  What  is  that 
necessity  ?  This  is,  as  has  been  stated,  a  corporation.  If  thej^  are  squan- 
dering the  means  of  the  State,  if  they  are  committing  frauds  and  depre- 
dations upon  the  State,  let  us  know  what  these  frauds  are,  and  let  us 
know  what  occasion  exists  for  this,  proposed  action.  The  only  necessity 
can  be,  the  only  influence  which  any  action  of  this  kind  might  have  would 
be,  to  restrain  these  parties.  But  you  do  not  propose  to  bring  them  before 
the  Convention.  You  do  not  propose  to  legislate  for  the  purpose  of 
turning  these  parties  out  of  office.  Centlemen,  let  us  stick  to  our  legiti- 
mate business,  accomplish  the  purpose  for  which,  under  the  Reconstruction 
Act,  and  the  Supplementary  Acts,  of  Congress,  we  are  assembled,  and  put 
our  work  in  such  an  attitude  that  it  may  be  accepted  by  Congress,  and  re- 
store Arkansas  to  her  place  in  the  Union. 

The  question  was  taken  on  the  amendment  to  refer  the  resolution  to 
(  164  ) 


Jan.  17th.]   AEKANSAS  CONSTITUTIONAL  CONVENTION.   [9th  Day. 


Lafayette  County  Election — Qualification  of  Mr.  Merrick. 


the  Committee  on  Internal  Improvements ;  and  the  amendment  was  not 
agreed  to. 

The  question  recurring  upon  the  adoption  of  the  resolution, 
Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  then  taken ;  and  it  was  decided  in  the  affirmative, — 
Yeas  41,  Nays  21,  as  follows : 

Yeas:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Dale,  Evans, 
Exon,  Gray  of  Jefferson, .  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins, 
Hinkle,  Hollis,  Houghton,  Hutchinson,  Johnson,  Mallory,  Langley,  Millsaps, 
Montgomery,  McCown,  McClure,  Oliver,  Pickett,  Poole,  Portis,  Priddy,  Eawl- 
ings,  Eector,  Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Smith,  Snyder,  Wil- 
liams, "Wyatt — 41. 

Nats  :  Messrs.  Beasley,  Bradley,  Cypert,  Duvall,  Gantt,  Hicks,  Hodges  of 
Crittenden,  Hoge,  Kyle,  Mason,  Matthews,  Misner,  Owen,  Puntney,  Reynolds, 
Shoppach,  Sims,  Yan  Hook,  Wilson,  Walker,  and  Wright — 21. 

So  the  resolution  was  adopted. 

KEPORT  OF  COMMITTEE  ON  ELECTIONS,  UPON  THE  LAFAYETTE  COUNTY 

ELECTION. 

Mr.  SARBER,  from  the  Committee  on  Elections,  presented  the  follow- 
ing Report : 

To  the  Constitutional  Convention  of  the  State  of  Arkansas : 

Your  Committee  on  Elections,  to  which  was  referred  the  application  of  A.  M. 
Merrick  for  a  seat  upon  this  floor,  as  a  delegate  from  the  County  of  Lafayette, 
have  had  the  same  under  consideration,  and  beg  leave  to  report  that  we  are 
unanimously  of  the  opinion  that  the  applicant  has  been  dul}^  and  properly 
elected  as  such  delegate,  and  is  therefore  entitled  to  a  seat  in  this  Convention. 

Your  Committee  therefore  recommend  the  adoption  of  the  following  resolu- 
tion :  • 

Resolved  :  That  A.  M.  Merrick  be  and  he  is  hereby  declared  entitled  to  a 
seat  in  the  Convention  as  a  delegate  from  said  Coanty  of  Lafayette,  and  that 
he  be  admitted  to  the  same. 

Mr.  MONTGOMERY  moved  that  the  Report  be  adopted. 

QUALIFICATION  OF  MR.  MERRICK. 

Mr.  HODGrES,  of  Pulaski,  rose  to  a  question  of  privilege.  Could  not 
Mr.  Merrick  be  sworn  in  at  once  ? 

(  165  ) 


1868.]  DEBATES  A^D  PEOCEEDINGS  OP  THE  [Friday, 


Ashley  County  Election— Eemoval  of  Political  Disabilities. 


'No  objection  being  made, 

Mr.  A.  M.  Merrick,  delegate  from  Lafayette  County,  appeared  in  his 
seat,  and  an  oath  of  office  was  administered  to  him  by  the  President. 

ASHLEY  COUNTY  ELECTION — AGAIN. 

Mr.  WALKER  offered  the  following  resolution  : 

Resolved :  That  the  Committee  on  Elections  be  instructed  to  report  at  once 
in  the  case  of  the  members  from  Ashley  County. 

Mr.  SAEBER.  The  case  is  now  under  consideration  ;  and  the  Commit- 
tee would  ask  the  Convention  for  further  time. 

Mr.  WALKER.  I  desire,  as  a  matter  of  justice  to  the  members,  who 
are  here,  and  have  presented  their  credentials,  regularly  obtained  from 
headquarters,  that,  as  soon  as  practicable,  this  matter  be  investigated,  and 
the  Committee  present  their  report.  This  matter  was  referred  to  the  Com- 
mittee on  yesterday.  I  certainly  supposed  that  by  this  time  the  Commit- 
tee had  had  ample  opportunity  to  investigate  the  matter  and  submit  their 
report.  I  ask,  in  justice,  that  this  matter  be  delayed  no  longer  than  is 
necessary.    I  am  certainly  willing,  however,  to  withdraw  the  resolution. 

Mr.  SARBER.  I  would  state,  for  the  benefit  of  the  gentlemen  of  the 
Convention,  that  the  Committee  has  been  in  session  during  the  entire 
morning,  until  we  were  notified  that  a  resolution  had  been  passed,  in  the 
matter  of  the  Lafayette  delegation,  which  required  our  immediate  atten- 
tion ;  and  also,  that  we  had  sent  for  papers,  and  had  had  witnesses  before 
us,  this  morning,  but  had  been  unable  to  arrive  at  a  decision,  in  con- 
sequence of  the  absence  of  certain  papers  and  reports,  which  it  was  neces- 
sary to  have  before  us,  in  order  to  make  such  a  report  that  no  more  delay 
than  necessary  should  take  place  in  the  Convention  arriving  at  its  con- 
clusion. 

Mr.  WALKER  not  insisting  upon  the  reception  of  his  resolution, 

removal  of  political  disabilities. 
Mr.  HINDS  offered  the  following  resolution  : 

Resolved  :  That  a  Select  Committee  of  five  be  appointed  by  the  Chair,  whose 
duty  shall  be  to  prepare  a  memorial  to  Congress,  asking  that  the  disabilities 
of  those  citizens  in  this  State,  who  have  faithfully  and  earnestly  advocated 
and  assisted  in  reconstruction,  shall  be  removed,  and  that  said  Committee  be 
instructed  to  receive  the  names  of  such  citizens,  and  to  embody  the  same  in 
their  memorial,  and  report  the  names  and  memorial  back  to  this  body. 
(  166  ) 


Jan.  nth  ]  AEKAXSAS  COXSTITUTIOXAL  COXYENTIOX.    [9t]i  Day 


Adjournment— Qualification  o.f  Mr.  Merrick.— CYPEET— HINDS— MONTGOMEEY. 

Mr.  MONTGOMERY  inquired  whether  a  similar  resolution  had  been 
before  presented. 

Mr.  HODG-ES,  of  Pulaski,  replied,  that  a  similar  resolution  had  been 
presented,  but  had  been  tabled. 

Mr.  McCLITEE  preferred  that  the  resolution  should  be  referred  to  an  ap- 
propriate committee,  and  reported  back  to  the  Convention,  for  acceptance 
or  rejection. 

Mr.  HODGES,  of  Pulaski.    That  is  the  intention. 

ADJOURNMENT. 

Mr.  SCOTT  moved  that  the  Convention  adjourn. 
Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  call  for  the  yeas  and  nays  was  not  sustained. 

QUALIFICATION  OF  MR.  MERRICK  AGAIN. 

Mr.  CYPERT  asked  permission,  before  the  question  should  be  taken 
upon  adjournment,  to  offer  a  remark  on  the  subject  of  the  oath  of  office 
taken  by  members  of  tlie  Convention. 

'No  objection  being  made, 

Mr.  CITPERT  observed  that,  upon  reading  the  records  of  the  Conven- 
tion, he  observed  that  the  oath  of  office  was  not  recorded.  The  Journal 
did  not  show  the  fact  that  members  were  sworn.  He  wished  that  it  should 
appear  that  in  each  case  the  oath  had  been  taken. 

Mr.  HIo^DS.  The  records  fully  show  what  oath  has  been  taken.  The 
oath  is  recorded. 

By  direction  of  the  President, 

The  SECRETARY  read,  from  a  MS.  book,  the  form  of  oath  as  admin- 
istered to  Mr.  Merrick,  during  the  morning. 

Mr.  CYPERT.  That  does  not  show  that  we  swear  to  support  the  Con- 
stitution of  the  United  States. 

Mr.  MO:^TGOMERY.  The  Committee  appointed  to  prepare  a  form 
of  oath  reported  a  form  including  that  obligation. 

The  PRESEDEOT.  The  Secretary's  opinion  is,  that  there  is  a  mistake 
in  the  copy. 

Mr.  CITPERT.  That  was  my  own  opinion ;  and  it  was  for  that  reason 
that  I  called  attention  to  the  subject.  The  m.ember  just  sworn  in  [Mr. 
Merrick]  did  not  take  the  oath  that  the  rest  did ;  and  I  supposed  this  to 
be  an  oversight. 

The  PRESIDEI^T  directed  Mr.  Merrick  to  rise,  and  administered  to 
him  an  oath  to  support  the  Constitution  of  the  United  States. 

(  167  ) 


1868.] 


DEBATES  Al^D  PEOCEEDINGS  OF  THE 


[Saturday, 


Eeport  of  Committee  on  Legislative  Department. 


The  question  was  tlien  taken  on  the  motion  to  adjourn;  and  the  motion 
was  agreed  to ; 

And  thereupon,  at  12,  m.,  the  Convention  adjourned  to  10,  a.m.,  of  Satur- 
day, January  18th. 


TENTHDAY, 

Saturday,  January  18th,  1868. 

Convention  met  at  10,  a.m. 

Prayer  w^as  offered  by  the  Chaplain. 

The  roll  was  called ;  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

The  Journal  of  the  preceding  day  was  read  and  approved. 
Mr.  SIMS  submitted  the  following 

EEPOKT  OF  COMMITTEE  ON  THE  LEGISLATIVE  DEPAKTMENT. 

The  Committee  appointed  on  Legislative  Department,  beg  leave  to  report  as 
follows  : 

Section  One.  The  legislative  power  in  this  State  shall  be  vested  in  a  Gren- 
eral  Assembly,  which  shall  consist  of  a  Senate  and  a  House  of  Eepresentatives. 

Section  Two.  The  General  Assembly  shall  meet  every  two  years,  on  the 
first  Monday  of  January,  at  the  seat  of  Government,  until  altered  by  law;  but 
the  first  General  Assembly  elected  after  the  adoption  of  this  Constitution,  shall 
meet  within  thirty  days  after  the  said  adoption. 

Section  Three.  The  House  of  Eepresentatives  shall  consist  of  members 
chosen  every  second  year  by  the  qualified  electors  of  the  several  districts. 

Section  Four.  'No  person  shall  be  a  member  of  the  House  of  Eepresentatives 
who  shall  not  have  attained  the  age  of  twenty-one  years,  who  shall  not  be  a 
male  citizen  of  the  United  States,  who  shall  not,  at  the  time  of  his  election, 
have  an  actual  residence  in  the  district  he  may  be  chosen  to  represent,  and 
who  shall  not  be  a  qualified  elector,  as  provided  in  this  Constitution. 

Section  Five.  The  Senate  shall  consist  of  members  chosen  every  fourth 
year  by  the  qualified  electors  of  the  several  districts. 

Section  Six.  No  person  shall  be  a  member  of  the  Senate  who  shall  not  have 
attained  the  age  of  twenty-five  years,  who  shall  not  be  a  male  citizen  of  the 
United  States,  who  shall  not,  at  the  time  of  his  election,  have  an  actual  resi- 
dence in  the  district  he  may  be  chosen  to  represent,  and  who  shall  not  be  a 
qualified  elector,  as  provided  in  this  Constitution. 
(  168  ) 


Jan.  18th.]  AEKAI^TSAS  CONSTITUTIONAL  CONVENTION.  [10th  Day, 
Keport  of  Committee  on  Legislative  Department. 


Section  Seven.  The  number  of  members  composing  the  Senate  shall  be 
twenty,  and  of  the  House  of  Eepreseutatives,  eighty. 

Section  Eight.  The  General  Assembly  shall  provide  by  law  for  an  enumera- 
tion of  the  inhabitants  of  this  State  in  the  year  one  thousand  eight  hundred 
and  seventj^-five,  and  every  tenth  year  thereafter;  and  the  first  Greneral  As- 
sembly elected  after  each  enumeration  so  made,  and  also  after  each  enumera- 
tion made  by  the  authority  of  the  United  States,  may  re-arrange  the  Senatorial 
and  Eepresentative  Districts  according  to  the  number  of  inhabitants  as  ascer- 
tained by  such  enumeration.  Provided  :  That  there  shall  be  no  re-arrangements 
other  than  that  made  in  this  Constitution,  until  after  the  enumeration  to  be 
made  in  the  year  one  thousand  eight  hundred  and  seventy-five. 

Section  Nine.  Senators  shall  be  chosen  at  the  same  time,  and  in  the  same 
manner,  that  members  of  the  House  of  Eepresentatives  are  required  to  be. 
Senatorial  Districts  shall  be  composed  of  convenient  contiguous  territory,  and 
no  Eepresentative  District  shall  be  divided  in  the  formation  of  a  Senatorial  one. 
The  Senatorial  Districts  shall  be  numbered  in  regular  series,  and  the  term  of 
Senators  chosen  for  the  districts  designated  by  odd  numbers  shall  expire  in  two 
years,  and  the  term  of  Senators  chosen  for  the  districts  designated  by  even 
numbers  shall  expire  in  four  years ;  but  thereafter  Senators  shall  be  chosen  for 
the  term  of  four  years,  excepting  when  an  enumeration  of  the  inhabitants  of 
the  State  is  made,  in  which  case  if  a  re-arrangement  of  the  Senatorial  Districts 
is  made,  the  regulation  above  stated  shall  govern  the  term  of  office. 

Section  Ten.  Eemovals  of  Senators  and  Eepresentatives  from  their  re- 
spective districts  shall  be  deemed  a  vacation  of  their  office. 

Section  Eleven.  No  person  holding  any  office  under  the  United  States,  or 
this  State,  or  any  county  office,  excepting  Postmasters,  Notaries  Public,  officers 
of  the  Militia,  and  townshij)  officers,  shall  be  eligible  to,  or  have  a  seat  in, 
either  branch  of  the  General  Assembly  ;  and  all  votes  given  for  any  such  per- 
son shall  be  void. 

Section  Twelve.  Senators  and  Eepresentatives  shall,  in  all  cases,  treason, 
felony,  or  breach  of  the  peace  excepted,  be  privileged  from  arrest.  They  shall 
not  be  subject  to  any  civil  process  during  a  session  of  the  General  Assembly,  or 
for  fifteen  days  next  before  the  commencement,  and  next  after  the  termination 
of  each  session.  And  they  shall  not  be  questioned  in  any  other  place  for  re- 
marks made  in  either  house. 

Section  Thirteen.  A  majority  of  the  members  of  each  house  shall  consti- 
tute a  quorum  to  transact  business;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members,  in  such  manner, 
and  under  such  penalties,  as  each  house  may  prescribe. 

Section  Fourteen.  Each  house  shall  choose  its  own  officers,  determine  the 
rules  of  its  proceedings,  judge  of  the  qualifications,  election,  and  return,  of  its 
members  ;  and  may,  with  the  concurrence  of  two-thirds  of  all  the  members 
elected,  expel  a  member  :  but  no  member  shall  be  expelled  a  second  time  for  the 
same  cause,  nor  for  any  cause  known  to  his  constituents  at  the  time  of  his 
election.  The  reasons  for  any  such  expulsion  shall  be  entered  upon  the  Journal, 
with  the  names  of  the  members  voting  thereon. 

(  169  ) 


1868.]  DEBATES  AT^TD  PEOCEEDmGS  OF  THE  [Saturda^^, 


Eeport  of  Committee  on  Legislative  Department. 


Section  Fifteen.  The  General  Assembly  shall  prescribe  by  law  the  manner 
in  which  the  State  printing  shall  be  executed,  and  the  accounts  rendered  there- 
for; and  shall  prohibit  all  charges  for  constructive  labor.  They  shall  not  re- 
scind or  alter  an}^  contract  for  such  printing,  or  release  the  person  or  persons 
taking  the  same,  on  his  or  their  securities,  from  the  performance  of  any  of  the 
provisions  of  such  contract. 

Section  Sixteen.  In  all  elections  by  either  house,  or  in  joint  convention, 
the  votes  shall  be  given  viva  voce.  All  votes  on  nominations  to  the  Senate  shall 
be  taken  by  yeas  and  nays,  and  published  with  the  Journal  of  its  proceedings. 

Section  Seventeen.  The  doors  of  each  house  shall  be  open,  uYiless  the  pub- 
lic welftire  require  secrecy.  I^either  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place  than  where 
the  General  Assembly  may  then  be  in  session. 

Section  Eighteen.  Bills  may  originate  in  either  house  of  the  General 
Assembly;  but  all  bills  for  raising  a  revenue  shall  originate  in  the  House  of 
Eepresentatives,  though  the  Senate  may  propose  amendments  as  on  other  bills. 

Section  Nineteen.  No  portion  of  the  public  funds  or  property  shall  ever  be 
appropriated  by  virtue  of  any  resolution.  No  appropriation  shall  be  made 
except  by  a  bill  duly  passed  for  that  purpose. 

Section  Twenty.  Every  bill  and  joint  resolution  shall  be  read  three  times, 
on  different  days,  in  each  house,  before  the  final  passage  thereof,  unless  two- 
thirds  of  the  house  where  the  same  is  pending  shall  dispense  with  the  rules. 
No  bill  or  joint  resolution  shall  become  a  law  without  the  concurrence  of  a 
majority  of  all  the  members.  On  the  final  passage  of  all  bills,  the  vote  shall 
be  taken  by  yeas  and  nays,  and  entered  on  the  Journal. 

Section  Twenty-one.  No  law  shall  embrace  more  than  one  subject,  which 
shall  be  embraced  in  its  title.  No  public  act  shall  take  effect  or  be  in  force 
until  ninety  days  from  the  expiration  of  the  session  at  which  the  same  is  passed, 
unless  it  is  otherwise  provided  in  the  act. 

Section  Twenty-two.  No  law  shall  be  revised,  altered,  or  amended,  by  ref- 
erence to  its  title  only;  but  the  act  revised,  and  the  section  or  sections  of  the 
act  altered  or  amended,  shall  be  enacted  and  published  at  length. 

Section  Twenty-three.  No  new  bill  shall  be  introduced  into  either  house 
during  the  last  three  days  of  the  session,  without  the  unanimous  consent  of  the 
house  in  which  it  originated. 

Section  Twenty-four.  The  General  Assembly  shall  provide  for  the  speedy 
publication  of  all  statute  laws  of  a  public  nature,  and  of  such  judicial  decisions 
as  it  may  deem  expedient.  All  laws  and  judicial  decisions  shall  be  free  for 
publication  by  any  person. 

Section  Twenty-five.  The  st^de  of  the  laws  of  the  State  shall  be  :  "Be  it 
enacted  by  the  General  Assembly  of  the  State  of  Arkansas." 

Section  Twenty-six.  The  General  Assembly  may  provide  laws  for  the  gov- 
ernment of  county,  township,  or  precinct  governments. 

Section  Twenty-seven.  It  shall  be  the  duty  of  the  General  Assembly,  from 
time  to  time,  as  circumstances  may  require,  to  frame  and  adopt  a  penal  code, 
founded  on  principles  of  reformation. 
(  170  ) 


Jan.  18th.]  AEKANSAS  CONSTITUTIONAL  COISTYENTION.  [10th  Day. 


Keport  of  Committee  on  Legislative  Department. 


Section  Twenty-eight.  The  General  Assembly  shall  not  change  the  venue 
in  any  criminal  or  penal  prosecution,  but  shall  provide  for  the  same  by  gen- 
eral laws. 

Section  Twenty-nine.  The  General  Assembly  may  pass  laws  authorizing 
appeals  in  criminal  or  penal  cases,  and  regulating  the  right  of  challenge  of 
jui-ors  therein. 

Section  Thirty.  The  General  Assembly  shall  direct  by  law  when  and  how 
juries  shall  be  selected  from  judicial  districts,  in  criminal  cases. 

Section  Thirty-one.  The  General  Assembly  shall  regulate  by  law,  by  whom, 
and  in  what  nianner,  writs  of  election  shall  be  issued  to  fill  the  vacancies  which 
may  happen  in  either  branch  thereof 

Section  Thirty-two.  The  General  Assembly  may  declare  the  cases  in  which 
any  office  shall  be  declared  vacant,  and  also  for  the  manner  of  filling  the  va- 
cancy, where  no  provision  is  made  for  that  purpose  in  this  Constitution. 

Section  Thirty-three.  Every  bill  and  concurrent  resolution,  except  of  ad- 
journment, passed  by  the  General  Assembly,  shall  be  presented  to  the  Gov- 
ernor for  approval,  before  it  becomes  a  law.  If  he  approve,  he  shall  sign  it;  if 
not,  he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  originated, 
which  shall  enter  the  objections  at  large  upon  its  Journal,  and  reconsider  it. 
On  such  reconsideration,  if  a  majority  of  the  members  elected  agree  to  pass  the 
bill,  it  shall  be  sent^  with  the  objections,  to  the  other  house,  by  which  it  shall 
be  reconsidered;  and  if  approved  by  a  majority  of  the  members  elected  to  that 
house,  it  shall  become  a  law.  In  such  cases  the  vote  of  both  houses  shall  be 
determined  by  yeas  and  naj^s,  and  the  names  of  the  members  voting  for  and 
against  the  bill  shall  be  entered  on  the  Journal  of  each  house  respectively.  If 
any  bill  be  not  returned  by  the  Governor  within  three  days,  Sundays  excepted, 
after  it  has  been  presented  to  him,  the  same  shall  become  a  law  in  like  man- 
ner as  if  he  had  signed  it ;  unless  the  General  Assembly,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  become  a  law.  The  Governor 
may  approve,  sign,  and  file  in  the  office  of  the  Secretary  of  State,  within  three 
days  after  the  adjournment  of  the  Generiil  Assembly^  any  act  passed  daring 
the  last  three  days  of  the  session ;  and  the  same  shall  become  a  law. 

Section  Thirty-four.  Each  house  may  punish  by  imprisonment,  during  its 
session,  any  person,  not  a  member,  who  shall  be  guilty  of  any  disorderly  or  con- 
temptuous behavior  in  their  presence;  but  no  such  imprisonment  shall  at  any 
time  exceed  twenty-four  hours. 

Section  Thirty-five.  No  citizen  of  this  State  shall  be  disfranchised,  or  de- 
prived of  any  of  the  rights  or  privileges  appertaining  to  citizenship,  unless  the 
same  is  done  by  the  law  of  the  land,  or  the  judgment  of  his  peers,  except  as 
hereinafter  provided.  There  shall  be  neither  slavery  or  involantary  servi- 
tude, either  by  pretext  of  indentures  or  apprenticeships  in  the  State,  other- 
wise than  in  the  punishment  of  crime,  whereof  the  party  shall  have  been  duly 
convicted. 

Section  Thirty-six.  The  General  Assembly  shall  have  no  power  to  make 
compensation  for  emancipated  slaves. 

Section  Thirty-seven.  The  General  Assembly  shall  have  no  power  to  grant  di- 

(  m  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Report  of  Committee  on  Legislative  Department. 


vorces,  to  change  the  names  of  individuals,  or  to  direct  the  sale  of  estates  belong- 
ing to  infants  or  other  persons  laboring  under  legal  disabilities,  by  special  legis- 
lation; but  by  general  laws  shall  confer  such  powers  on  the  courts  of  justice. 

Section  Thirty-eight.  The  General  Assembly  shall  not  authorize,  by  pri- 
vate or  special  law,  the  sale  or  conveyance  of  any  real  estate  belonging  to  any 
person,'  or  vacate  or  alter  any  land  laid  out  by  legal  authority,  or  any  street  in 
any  city  or  village,  or  in  any  recorded  town  plat;  but  shall  provide  for  the  same 
by  general  laws. 

Section  Thirty-nine.  The  General  Assembly  shall  not  authorize  any  lottery, 
and  shall  by  the  necessary  legislation  prohibit  the  sale  of  lottery  tickets. 

Section  Forty.  In  case  of  a  contested  election,  only  the  claimant  decided 
entitled  to  the  seat  in  either  house  in  which  the  contest  may  take  place,  shall 
receive  from  the  State  per  diem  compensation  and  mileage. 

Section  Forty-one.  JSTo  collector,  holder,  or  disburser,  of  public  moneys, 
shall  have  a  seat  in  the  General  Assembly,  or  be  eligible  to  any  office  of  trust 
or  profit  under  this  State,  until  he  shall  have  accounted  for,  and  paid  over,  as 
provided  by  law,  all  sums  for  which  he  may  be  liable. 

Section  Forty-two.  The  General  Assembly  shall  have  power  to  alter  and 
regulate  the  jurisdiction  and  proceedings  in  law  and  equity,  subject  to  the  pro- 
visions of  this  Constitution. 

Section  Forty-three.  The  General  Assembly  shall  direct  by  law  in  what 
manner,  and  in  what  courts,  suits  may  be  brought  by  and  against  the  State. 

Section  Forty-four.  It  shall  be  the  duty  of  the  General  Assembly  to  make 
adequate  provision  for  the  maintenance  of  paupers  throughout  the  State. 

Section  Forty-five.  The  General  Assembly  shall  not  have  power  to  author- 
ize any  municipal  corporation  to  pass  any  laws  contrary  to  the  general  laws  of 
the  State,  or  to  levy  any  tax  on  real  or  personal  property  to  a  greater  extent 
than  two  per  centum  of  the  assessed  value  of  the  same. 

Section  Forty-six.  The  General  Assembly  shall  pass  no  special  act  confer- 
ring corporate  powers.  Corporations  may  be  formed  under  general  laws  j  but 
all  such  laws  may,  from  time  to  time,  be  altered  or  repealed.  Dues  from  cor- 
porations shall  be  secured,  by  such  individual  liability  of  the  stockholders,  and 
other  means,  as  may  be  prescribed  by  law;  but,  in  all  cases,  each  stockholder 
shall  be  liable,  over  and  above  the  stock  by  him  or  her  owned,  and  any  amount 
unpaid  thereon,  to -a  further  sum,  at  least  equal  in  amount  to  such  stock.  The 
property  of  corporations,  now  existing  or  hereafter  created,  shall  forever  be 
subject  to  taxation,  the  same  as  the  property  of  individuals.  'No  right  of  way 
shall  be  appropriated  to  the  use  of  any  corporation,  until  full  compensation 
therefor  shall  be  first  made  in  money,  or  first  secured  by  a  deposit  of  money, 
to  the  owner,  irrespective  of  any  benefit  from  any  improvement  proposed  by 
such  corporation  ;  which  compensation  shall  be  ascertained  by  a  jury  of  twelve 
men,  in  a  court  of  record,  as  shall  be  prescribed  by  law. 

Section  Forty- seven.    The  General  Assembly  shall  provide  for  the  organi- 
zation of  cities,  and  incorporated  villages,  by  general  laws;  and  restrict  their 
power  of  taxation,  assessment,  borrowing  money,  contracting  debts,  and  loan- 
ing their  credit,  so  as  to  prevent  the  abuse  of  such  power. 
(  172  ) 


Jan.  IStli.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [10th  Bay, 


Keport  of  Committee  on  Legislative  Department.— CYPEET— MONTGOMERY. 

Section  Forty-eight.  All  corporations  Trith  banking  and  discounting  privi- 
leges shall,  preparatory  to  issuing  bills  as  currency,  deposit  the  bonds  of  this 
State,  equal  in  amount  to  the  capital  stock  of  such  corporation,  with  the  Auditor 
of  the  State,  who  shall  not  permit  an  issue  of  circulation  exceeding  eighty  per 
centum  of  the  amount  of  bonds  so  deposited,  such  circulation  being  receivable 
for  all  taxes  and  dues  to  the  State  :  and  the  individual  liability  of  stockholders 
shall  be  as  hereinbefore  directed:  Frovided.  ihsit  corporations  chartered  or  ex- 
isting under  any  Act  of  the  Congress  of  the  United  States,  shall  be  exempted 
from  these  provisions. 

Section  Forty-nine.  The  General  Assembly,  on  the  day  of  final  adjourn- 
ment, shall  adjourn  at  twelve  o'clock  at  noon. 

CLIFFOED  STANLEY  SIMS, 

18f/i  January:  1868.  Cliainnan  of  the  Committee. 

Mr.  CYPERT  moved  that  the  Report  be  referred  to  the  Committee  on 
the  Constitution,  its  Arrangement  and  Phraseology. 

Mr.  MOXTGOMERY  moved  to  amend,  that  the  Report  lie  upon  the 
table,  and  be  made  the  special  order  for  Friday,  January  24th ;  and  that 
one  hundred  and  fifty  copies  be  printed  for  the  use  of  the  Convention. 

Mr.  CYPERT.  It  will  require  an  explanation  from  me,  in  all  prob- 
ability, to  defeat  the  amendment. 

I  wish  to  avoid  the  expense  of  printing  every  isolated  report,  as  it  comes 
up  from  each  committee;  and  this  with  the  view  that  these  reports,  as 
they  come  in,  be  referred  to  the  Committee  on  the  Constitution,  its  Phrase- 
ology and  Arrangement.  The  whole,  as  reported  back  by  them,  should,  of 
course,  be  printed,  in  order  to  its  being  passed  upon  in  the  Convention. 
If  we  proceed  in  this  way,  printing  the  report  of  every  separate  committee, 
and  then  reporting  it  over  again,  when  the  Committee  on  Arrangement 
and  Phraseology  shall  have  prepared  and  submitted  the  Constitution, 
there  will  be  double  printing  on  everything. 

Mr.  MONTGrOMERY.  I  would  state  my  object  in  desiring  the  print- 
ing of  the  Report.  The  Report  of  this  Committee  has  been  read ;  but, 
for  myself,  I  have  been  unable  to  understand  it,  and  have  not  been  able 
to  determine  whether  it  would  meet  my  views,  or  not.  And  I  do  not 
believe  that  there  is  a  member  of  this  Convention,  who,  unless  he  be- 
longed to  the  Committee  on  the  Legislative  Department,  was  able  fully 
to  understand  the  Report  upon  its  mere  reading.  I  desire  that  a  copy 
of  the  Report  be  laid  upon  the  table  of  each  member,  that  each  member 
may  be  enabled  to  examine  and  digest  its  recommendations.  It  is  not  to 
be  expected  that  a  constitution  will  be  reported  to  this  body,  in  bulk,  so 
to  speak.  Each  Report  will  be  acted  upon  separately.  I  am  absolutely 
certain  that  it  is  necessary  for  members  of  the  Convention  to  examine 
these  reports,  as  they  are  presented,  reflect  upon  them,  and  compare  one 
section  with  another,  in  order  to  decide  for  themselves  whether  the  pro- 

(  173  ) 


1868.]  DEBATES  AND  PKOCEEDINGS  OF  THE  [Saturday, 


Keport  of  Committee  on  Legislative  Department. — GENERAL  DEBATE. 


posed  provisions  are  calculated  to  advance  the  interests  of  the  people 
of  the  State.  If  the  gentleman  [Mr.  Cypert]  desires  to  refer  the  Re- 
port to  the  Committee  on  Arrangement  and  Phraseology,  and  for  that 
Committee  to  then  report  a  constitution,  it  may  be  that  he  intends,  when 
that  is  done,  to  tear  the  whole  to  f)ieces  again,  and  refer  the  subjects  back 
to  each  separate  committee.  I  think  it  greatly  preferable  that  when  the 
different  reports  shall  have  been  printed,  and  each  member  shall  have  had 
an  opportunity  to  examine  the  particular  section  reported,  the  whole,  as 
thus  revised,  shall  then  be  referred  to  the  Committee  on  Phraseology. 

Mr.  HICKS.  I  rise  to  a  point  of  order.  According  to  the  rules  adopted 
yesterday,  this  discussion  is  all  out  of  order.  It  was  the  sense  of  this  Con- 
vention that  ordinances  should  take  the  same  course  as  bills, —introduced, 
read  a  second  time,  and  referred  to  a  committee. 

The  PRESIDENT.  The  Chair  would  suggest  to  the  gentleman,  that 
this  is  the  report  of  a  committee.    The  point  is  not  well  taken. 

Mr.  MOT^TGOMERY.  My  object  is,  to  obtain  a  full  investigation  of 
each  department  of  the  Constitution,  and  that  by  the  several  members  of 
the  Convention.  I  promised  my  constituents,  wdien  I  came  here,  that  I 
would  not  vote  on  a  single  proposition  brought  forward  for  incorporation 
into  the  Constitution  of  the  State  of  Arkansas,  w^ithout  a  full  investiga- 
tion ;  and  I  do  not  believe  that  the  welfare  of  the  people  of  the  State  will 
suiFer  by  reason  of  our  having  these  reports  printed,  and  affording  every 
member  an  opportunity  of  reading  them  for  himself. 

Mr.  BEASLEY.  I  propose  to  amend  the  motion  of  the  gentleman  from 
Hempstead  [Mr.  Montgomery],  by  inserting  "  Wednesday,"  instead  of 
"Friday."  That  puts  off  the  consideration  of  the  subject  a  little  too  far 
from  us. 

The  question  was  taken  upon  the  amendment  to  insert  "  Wednesday" 
instead  of  "  Friday;"  and  the  amendment  was  rejected. 

« 

Mr.  CYPERT.  Only  a  few  more  remarks.  My  whole  object  is,  to  ex- 
pedite business,  and  save  cost  to  the  State.  We  surely  would  not  expe- 
dite business  by  the  course  proposed  by  the  gentleman  from  Hempstead 
[Mr.  Montgomery.]  It  will  accumulate  to  an  enormous  amount  the  mere 
cost  of  printing,  if  we  are  to  print  every  separate  paper.  It  is  not  to  be 
presumed  that  this  Convention  will  adopt  each  section,  without  knowing 
what  place  it  is  to  take,  and  what  relations  it  is  to  assume  in  the  Consti- 
tution. When  the  Constitution  has  been  arranged,  and  properly  prepared 
as  a  whole,  of  course  it  will  then  be  printed,  so  that  members  m'dy  look 
it  over  before  they  adopt  it  section  by  section. 

Mr.  SiTYDER.  I  think  the  proposition  to  make  this  the  order  of  the 
day  for  next  Friday,  is  a  most  economical  one;  for  before  that  time  there 
(  IH  ) 


Jan.  18th.]  AEKA^s  SAS  COXSTITUTIOXAL  CONYEXTIOX.  [lOtli  Day. 


Expenses  of  Convention.— BEOOXS—CYPERT. 


will  be  other  sections  of  the  Constitution  reported;  they  may  also  be 
printed  and  considered;  and  they  may  all  come  up  at  the  same  time. 

Mr.  SIMS.  I  think  it  would  saye  a  great  deal  of  expense  to  the  State, 
if  the  reports  were  referred  in  the  manner  suggested  by  the  gentleman 
from  Yliite  [Mr.  Cypert]  ;  and  in  that  way  we  should  be  enabled  better 
to  distinguish  which  proyisions  should  take  their  place  in  the  section  on 
the  legislatiye  department,  ond  which  in  the  other  portions  of  the  Consti- 
tution, respectiyely.    I  think  that  course  will  saye  time  and  money. 

The  question  was  taken  upon  the  adoption  of  the  substitute  ;  and  a 
division  being  called  for,  the  substitute  was  accepted, — Ajes  37,  Xoes  15. 

EXPENSES  OF  THE  COXYEXTION. 

Mr.  HIXDS  submitted,  from  the  Committee  on  Ordinances  and  Memo- 
rials, the  following  Ordinance. 

AX  ORDIXAXCE 

PROyiDIXG  AXD  MAKIXG  APPROPRIATIOXS  FOR  THE  PER  DIEAI  AXD  MILEAGE  OF 
MEMBERS  OF  THE  CONSTITUTIONAL  COXyENTION  OE  THE  STATE  OF  ARKANSAS, 
AND   OTHER  NECESSARY  EXPENSES. 

Be  it  ordained  by  the  people  of  Arkansas,  in  Convention  assernUed :  That  there 
is  hereby  appropriated  out  of  the  Treasury,  the  sum  of  seyenty-five  thousand 
dollars,  for  the  purpose  of  paying  the  per  diem  and  mileage  of  delegates,  and 
such  Other  expenses  as  may  necessarily  be  incurred  under  the  proyisions  of  ari 
act  entitled  an  Act  to  proyide  for  the  more  efficient  Government  of  tlie 
Eebel  States,"  passed  March  2d,  1837:  that  it  is  hereby  made  the  duty  of  the 
Auditor  of  the  State,  upon  the  certificate  of  the  Secretary  of  the  Conyention, 
countersigned  by  the  President,  to  draw  a  warrant  on  the  Treasurer  for  and 
in  faxor  of  such  person  or  persons  as  they  may  certify  to  be  due.  for  per  diem, 
mileage,  or  other  necessary  expenses;  and  it  is  iiereby  made  the  duty  of  the 
Treasurer  of  the  State,  npon  tlie  presentation  of  such  warrant,  to  pay  the  same 
out  of  any  money  now  in  the  Treasury,  not  otherwise  appropriated  by  law. 

The  Ordinance  was  read  a  first,  and,  by  consent,  a  second  time. 

Mr.  BEOOKS  moyed  that  the  rules  be  suspended,  that  the  Ordinance 
be  read  a  third  time,  and  that  it  be  passed. 

Mr.  CYPERT.  I  do  not  know  but  for  me  to  oppose  any  measure  insures 
its  passage;  but  I  must  enter  my  protest  against  hasty  legislation,  of  any 
kind,  that  has  for  its  object  the  disbursement  of  the  public  funds.  I  would 
offer,  as  a  substitute  for  the  motion  of  the  gentleman  from  Phillips  [Mr. 
Brooks],  that  the  Ordinance  be  referred  to  the  Committee  on  Finance. 

Mr.  BROOKS.  AVehayehad  a  report  from  the  Committee  on  Finance,  on 
this  yery  subject ;  as  also  from  a  gentleman  on  the  other  side  of  the  hall. 
AVe  have  also  had  a  resolution  from  this  side,  looking  to  another  mode  of 

(  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Saturdaj^, 


Expenses  of  Convention, — BEOOKS. 


adjustment,  and  which  was  very  similar  to  that  this  morning  reported  by  the 
Committee.  The  proposition  now  before  ns  contemplates  the  payment  of 
the  expenses  of  the  Convention  out  of  funds  now  in  the  Treasury,  rather 
than  the  levy  of  a  special  tax,  as  contemplated  by  the  Ordinance  reported. 
Grentlemen  will  of  course  remember  the  figures.  Those  given  in  the  Ordi- 
nance reported  this  morning,  are  very  far  below  those  given  in  the  estimates, 
and  provided  for  in  the  Ordinance  directing  the  levy  of  the  tax.  And 
very  justly  so ;  for  the  other  policy,  which  was  advocated  at  the  opening 
of  the  session,  by  very  many  honorable  gentlemen,  was  necessarily  matured 
under  the  Act  of  Congress,  providing  for  the  levy  of  a  special  tax,  for  the 
defraying  the  expenses  of  the  Convention.  The  levy  and  collection  of  a 
special  tax,  during  the  period  intervening  between  the  usual  times  of 
assessment  and  collection,  would,  of  course,  be  exceedingly  expensive; 
and  the  aggregate  sum  required  would  be  considerably  greater  than  that 
absolutely  necessary  for  our  actual  expenses.  It  is  understood,  on  this 
side  of  the  hall,  and,  I  suppose,  throughout  the  Convention,  that  we  have 
the  approval  of  the  present  Executive  of  the  State  and  of  the  officers  of 
the  State  generally,  as  well  as  that  of  the  commander  of  the  Sub-District; 
and  it  is  hoped  that  we  may  secure  an  endorsement  of  this  movement, 
from  the  Attorney-General  of  the  State.  I  believe  there  will  be  no  diffi- 
culty, provided  we  shall  obtain  the  consent  of  the  Commanding  General  of 
the  District  to  defray  our  expenses  by  the  payment  of  funds  now  at  com- 
mand, l^ow,  if  this  may  be  done,  I  can,  myself,  see  no  reasonable  objec- 
tion to  the  measure  proposed — the  suspension  of  the  rules,  and  the  adop- 
tion of  the  Ordinance  this  morning;  especially  when  we  have  presented  to 
us  for  settlement,  a  bill  for  the  expenses  of  all  the  Deputy  Sherifirs, — one  in 
each  election  precinct  in  the  entire  State,— in  addition  to  the  other  expenses 
of  the  Convention.  I  think  seventy-five  thousand  dollars  is  not  an  unreason- 
able estimate.  And  of  course,  it  is  contemplated,  no  matter  what  the  amount 
appropriated  may  be,  that  only  such  a  sum  as  is  absolutely  necessary,  in 
order  to  defray  actual  expenses,  shall  be  actually  employed.  I  hope  this 
measure  may  be  adopted  ;  and  that  we  may  ascertain  at  as  early  an  hour  as 
possible,  and  by  telegraph  if  need  be,  from  the  commanding  General  of  the 
District,  whether  the  acting  Treasurer  will  have  his  consent  to  meet  our 
demands  from  the  funds  now  in  the  Treasury.  It  is  certainly  the  most 
economical  mode  of  disposing  of  the  matter,  and  that  best  adapted  to  the 
distressed  condition  of  the  people  of  the  State ;  and  if  it  shall  afterwards 
become  necessary  to  provide  for  a  special  tax  to  reimburse  the  Treasury, 
let  us  make  provision  for  an  assessment  and  collection  at  the  same  time 
with  the  usual  assessment  and  collection  of  the  year;  and  thereby  save  an 
expense  of  forty  or  fifty  thousand  dollars,  which  would  certainly  be  incurred 
in  carrying  out  the  proposition  contained  in  the  first  Eeport  of  the  Com- 
mittee on  Finance.  I  have  no  objection,  certainly,  to  the  most  elaborate 
(  ) 


Jan.  18th.]  AEKA^s^SAS  CO^^STITUTIO^^AL  CONVERSATION.  [10th  Day. 


Expenses  of  Convention.— BEOOKS—CYPEET— HODGES  of  Pulaski. 


discussion  of  this  subject.  "We  are  supposed  to  be  as  careful  and  econom- 
ical as  possible,  with  regard  to  the  expenditure  of  the  public  money.  I 
think  this  is  the  economical  course.  It  is  the  course  to  be  pursued  with 
reference  to  the  pressing  wants  of  members.  It  is  the  course  to  be  pursued 
to  relieve  the  people  of  the  State,  as  far  as  possible,  of  any  burden. 

Mr.  CYPERT.  I  do  not  desire  to  travel  outside  of  our  authority.  I 
do  not  desire  to  involve  the  State  of  Arkansas  in  an  expense  which  should 
legitimately  be  paid  by  some  other  power.  The  accounts  of  Sheriffs  and 
so  forthj  referred  to  by  the  gentleman  [Mr.  Brooks],  as  being  certified  to 
this  Convention  for  payment,  were  incurred  by  virtue  of  the  orders  of  the 
commanding  General,  not  by  any  command  of  this  State  or  this  Conven- 
tion.   I  read  from  the  first  Supplement  to  the  Reconstruction  Act : 

"  All  expenses  incurred  by  the  several  commanding  Generals,  or  by  virtue  of 
a7iy  orders  issued^  or  appointments  made  by  them,  under  or  by  virtue  of  this 
act,  shall  be  paid  out  of  any  moneys  in  the  treasury,  not  otherwise  appro- 
priated." 

That  is,  the  United  States  Treasury.  These  expenses  of  the  Sheriff's, 
c  ertified  from  the  various  precincts  of  the  State,  were  incurred  by  order 
of  the  commanding  General,  under  the  section  which  I  have  read. ,  The 
section  allowing  us  to  provide  for  the  expenses  of  this  Convention,  reads 
differently.  They  are  two  separate  sections.  We  are  only  to  provide  for 
the  necessary  expenses  of  this  body,  not  for  anything  that  has  accrued 
prior  to  our  assembling;  for  we  were  not  an  existing  body  until  we  were 
assembled  by  the  order  of  that  General.  That  we  can  provide  for  the  ex- 
penses incurred  before  the  contingency  which  was  necessary  to  the  crea- 
tion of  this  body,  is  manifestly  unreasonable,  and  manifestly  contrary  to 
the  provisions  of  the  Act  of  Congress.  My  attention  w^as  called  to  this  sub- 
ject, by  a  conversation,  which  I  chanced  to  overhear,  with  the  present  cus- 
todian of  the  Treasury.  He  adverted  to  the  matter,  in  this  light,  on  the 
occasion  of  the  presentation  of  a  claim  of  this  kind.  I  am  satisfied  that 
he  is  correct  in  his  position;  and  I  am  satisfied  that  he  will  never  issue  a 
warrant  for  any  such  payment,  unless  he  is  so  ordered  by  the  command- 
ing General,  and  placed  in  a  position  where  he  would  be  charged  w^ith 
insubordination  if  he  should  neglect  to  comply.  I  am  satisfied  that  he 
wall  never  pay  out  a  warrant  to  defray  expenses  of  that  nature. 

Mr.  HODGES,  of  Pulaski.  I  have  been  busy,  and  perhaps  did  not  hear 
the  matter  as  it  really  stands;  but  if  I  did,  I  think  the  remarks  are  not  to 
the  subject  under  discussion;  and  if  so,  I  raise  the  point  of  order. 

The  PRESIDENT.  The  remarks  of  the  gentleman  from  Phillips  [Mr. 
Brooks],  and  from  White  [Mr.  Cypert],  upon  the  payment  of  Deputy 
Sheriffs,  have  not  been  to  the  question.  The  Chair  does  not  understand 
that  the  Ordinance  contemplates  the  payment  of  such  expenses. 

12  (  177  ) 


1868.] 


DEBATES  AISTD  PEOCEEDmGS  OF  THE 


[Saturday, 


Expenses  of  Convention.— HODG-ES  of  Pulaski— CYPERT— MATTHEWS. 


Mr.  HODGrES,  of  Pulaski.  I  understand  the  sum  named  in  the  Ordi- 
nance to  be  exclusively  for  the  payment  of  the  expenses  of  this  body. 

Mr.  CYPEET.  I  hope  the  Chair  will  excuse  me.  I  was  led  out  of  my 
track  by  the  gentleman  from  Phillips  [Mr.  Brooks].  I  stand  corrected ; 
but  I  trust  to  be  pardoned  for  following  the  footsteps  of  that  gentleman. 

The  PRESIDEOT.  The  Chair  was  not  disposed  to  call  the  gentleman 
to  order,  as  the  Convention  seemed  inclined  to  listen  to  something  upon 
the  subject  broached. 

The  question  was  taken  on  the  adoption  of  the  substitute ;  and  the  sub- 
stitute w^as  rejected. 

Upon  the  question  of  suspending  the  rules,  passing  the  Ordinance  to  its 
third  reading,  and  placing  it  upon  its  final  passage. 

The  question  recurring  on  the  motion  that  the  rules  be  suspended, 
the  Ordinance  read  a  third  time,  and  passed, 

Mr.  MATTHEWS  moved  that  the  subject  be  recommitted  to  the  Com- 
mittee, with  instructions  to  confer  with  the  District  Commander  there- 
upon, and  to  report  to  the  Convention  a  statement  of  the  probable  amount 
of  the  expenses,  and  approximating  as  near  as  might  be  the  amount  of  the 
several  items  in  such  Statement. 

Ml*.  HOLLIS  moved  to  lay  the  motion  upon  the  table ;  and  upon  that 
motion  asked  for  the  yeas  and  nays. 
'  The  yeas  and  nays  were  ordered. 

The  question  was  taken  upon  the  motion  to  lay  the  motion  to  refer 
upon  the  table ;  and  it  was  decided  in  the  affirmative, — Yeas  56,  'Najs  11, 
as  follows : 

Yeas  :  Messrs.  Beasley,  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  Cor- 
bell,  Dale,  Evans,  Exon,  Gray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hat- 
field, Hawkins,  Hinds,  Hinkle,  Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski, 
Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Merrick, 
Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  McCown,  Oliver,  Pickett, 
Poole,  Portis,  Priddy,  Puntney,  Eawlings,  Eector,  Eounsaville,  Samuels,  Sarber, 
Scott,  Sims,  Smith,  Snyder,  Van  Hook,  Wilson,  White,  Williams,  Wyatt,  and  the 
President — 56. 

Nays:.  Messrs.  Cypert,  Duvall,  Gantt,  Hicks,  Hoge,  Matthews,  Owens,  Eey- 
nolds,  Shoppach,  Walker,  and  Wright — 11- 

So  the  motion  was  laid  upon  the  table. 

The  question  recurring  on  the  motion  that  the  rules  be  suspended,  the 
Ordinance  was  read  a  third  time,  and  passed. 
Mr.  CYPEET  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  then  taken;  and  it  was  decided  in  the  affirmative, — 
Yeas,  55,  ^^"ays,  11,  as  follows : 
(  178  ) 


Jan.  18th.]  AEKAXSAS  COXSTITUTIOXAL  COXYENTIOX.  [10th  Day. 


3Iemorial  respecting  Tax  on  Cotton — Reading  of  Journal  from  Bound  Book. 


Yeas  :  Messrs.  Beasley,  Belden,  Bell.  Bradley,  Brash  ear,  Brooks,  Coates,  Cor- 
bell,  Dale,  Evans.  Exon,  Gray  of  Jefferson,  G-rey  of  Phillips.  Harrison,  Hat- 
field, Hawkins,  Hinds,  Hinkle,  Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski, 
Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Misner, 
Merrick,  Millsaps,  Montgomery,  Murphy,  McClure,  McCoTrn,  Oliver,  Poole, 
Portis,  Priddy,  Puntney,  Eawlings,  Pector,  Eounsaville,  Samuels,  Sarber,  Scott, 
Sims,  Smith,  Snyder,  Yan  Hook,  Wilson,  White,  Williams,  Wyatt,  and  the 
President — 55. 

In  the  negative  were  Messrs.  Cypert,  Duvall.  Gantt,  Hicks,  Hoge,  Matthews, 
Owens,  Eeynolds,  Shoppach,  Walker,  and  Wright — 11. 

So  the  rules  were  suspended,  tlie  Ordinance  read  a  third  time,  and 
passed. 

Mr.  HIXDS,  from  the  Committee  on  Ordinances  and  Memorials,  re- 
ported the  following 

MEMORIAL  RESPECTING  THE  TAX  OX  COTTOX. 

To  the  Honorable  the  Senate  and  the  House  of  Representatives  of  the  United  States  : 

The  Constitutional  Convention  of  the  State  of  Arkansas  would  respectfully 
represent,  that  the  present  tax  on  raw  cotton,  is  greatly  detrimental  to  the 
present  and  future  interest  of  the  people  of  this  State. 

A  large  majority  of  those  engaged  as  laborers  in  the  culture  of  this,  the  chief 
staple  of  the  State,  are  now  destitute  and  out  of  emploj^ment,  in  a  great 
measure  owing  to  the  fact  that  the  present  high  tax  renders  its  production 
unprofitable.  The  crop  just  gathered,  has  produced  an  average  price  of  twelve 
cents  per  pound.  Out  of  this,  the  producer  has  to  pay  between  four  and  five 
cents  per  pound  for  freight,  tax,  commission,  and  storage,  leaving  a  net  j^i'ice 
of  from  seven  to  eight  cents  per  pound. 

Should  full  crops  be  raised  every  year,  it  might  be  possible  to  grow  the 
cotton,  pay  the  tax,  and  still  leave  the  producer  a  small  profit,  but  it  must  be 
recollected  that  three  years  out  of  five  barely  half  a  crop  is  made,  though  of 
course  the  necessary  expenses  are  always  the  same. 

It  may  be  argued  that  the  present  price  equals  that  received  before  the  war,' 
but  we  must  recollect  that  now,  the  prices  of  labor,  provisions,  and  clothing, 
are  nearly  one  hundred  per  cent,  higher  than  before  the  war. 

We  can  but  express  our  firm  conviction  that  unless  the  tax  is  removed,  the 
culture  of  cotton  will  necessarily  cease.  Xo  one  will  willingly  enter  into  a 
business  in  which  the  tax  exhausts  all  the  margin  Avhich  is  left,  over  the  cost 
of  production.  And  therefore  we  would  respectfully  and  urgently  ask  for  the 
immediate  removal  of  this  burden. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Eeport  he  adopted. 
The  question  was  taken  ;  and  the  Eeport  was  unanimously  adopted. 

READING  OF  JOURNAL  FROM  A  BOUND  BOOK. 

Motions,  resolutions,  and  notices,  being  in  order, 

Mr.  CYPEET  said :  I  desire  to  offer  a  motion  that  the  Secretary  be 

(  1T9  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Powers  and  Duties  of  Convention.— MATTHEWS— HOLLIS. 


required  to  read  the  minutes,  every  morning,  from  the  record ;  that  he 
procure  a  well-bound  book,  for  keeping  the  minutes  of  the  Convention; 
and  that  they  be  read  from  the  book. 

It  seems  that  the  minutes  are  in  MS.,  and  may  be  any  day  destroyed; 
and  from  the  memory  of  man  we  might  be  unable  to  ascertain  what  has 
been  done.  Yesterday  an  oversight  was  discovered,  in  connection  with  the 
records.  We  never  go  back  and  read  the  copy  made.  There  may  be 
several  errors  in  the  recording  and  transcription  of  these  MSS. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

POWERS  AND  DUTIES  OF  THS  CONVENTION. 

Mr.  MATTHEWS  offered  the  following  resolutions  : 

Whereas:  This  Convention  was  called  into  existence  by  the  Eeconstruction 
Acts  of  Congress,  and  the  election  held  in  this  State  thereunder. 

And  loliereas  :  said  Eeconstruction  Acts  do  not,  even  by  implication,  author- 
ize or  contemplate  that  the  Conventions  thereby  provided  for,  should  do  other 
than  frame  a  constitution,  to  be  submitted  for  ratification  to  the  people  of 
their  respective  States,  and  to  provide  each  for  the  defraying  of  its  expenses. 

And  whereas:  The  people  of  the  State  have  never  delegated  to  us  any 
powers  except  for  the  above-named  purposes,  or  in  any  authoritative  manner 
indicated  a  desire  that  this  Convention  should  otherwise  interfere  with  the 
affairs  of  the  State  or  people. 

Therefore  he  it  resolved :  That  it  is  the  sense  of  this  Convention  that  it  has 
no  sovereign  powers  ;  for  any  purposes,  and  beside  providing  for  the  payment 
of  its  expenses,  nothing  it  might  assume  to  do  would  have  any  legal  force  un- 
less incorporated  in  the  Constitution;  nor  even  then,  unless  and  until  such 
Constitution  shall  be  ratified  by  the  registered  voters  of  the  State,  and  shall 
have  been  accepted  by  Congress. 

Be  it  further  resolved:  That  it  would  be  inexpedient  to  embody  in  the  Con- 
stitution provisions  regarding  matters  of  a  local,  temporary,  or  in  any  other 
way  unimportant  nature,  or  such  as  according  to  the  genius  of  American  re- 
pubHcanism  is  rightfully  within  the  province  of  the  people's  ordinary  agent, 
the  G-eneral  Assembly. 

And  resolved  further :  That  the  several  committees  of  this  body  be  excused 
from  the  further  consideration  of  any  proposed  ordinances,  or  instructions  to 
report  an  ordinance  hitherto  referred  to  them,  upon  their  reporting  that  they 
are  of  the  opinion  that  such  proposed  ordinances  should  not  be  made  a  part  of 
the  Constitution ;  Provided^  that  such  report  be  received  and  adopted  by  this. 
Convention.  And  provided  further,  that  this  resolution  shall  not  apply  to  any 
proposed  ordinance  respecting  the  expenses  of  this  Convention. 

Mr.  HOLLIS  moved  that^the  resolutions  be  laid  upon  the  table. 
The  question  was  taken  upon  the  motion  to  lay  the  resolutions  upon  the 
table.    Before  the  announcement  of  the  result,  / 
(  180  )  ^ 


Jan.  18th.]  AEKANSAS  CO:s^STITrTIOXAL  CO^s^YEXTIO^s^.  [10th  Day. 


Powers  and  Duties  of  Convention.— CYPEET— HODGES  of  Pulaski— BKOOKS. 


Mr.  CYPEET  said :  I  was  up  before  tlie  vote  was  called,  and  tried  to 
draw  the  attention  of  tlie  Chair,  but  could  not  obtain  the  notice  of  the 
President.  I  certainly  hope  the  Chair  will  rule  that  the  voting  is  not 
yet  concluded. 

The  PPESIDEXT  :  The  Chair  will  suspend  the  announcement  of  the 
result,  until  after  the  gentleman's  remarks. 

Mr.  CYPEET.  I  suppose  I  injure  my  friends  hj  advocating  a  meas- 
ure ;  but  I  must  still  enter  my  protest  against  anything  which  may  inter- 
fere with  the  interests  of  my  country.  I  do  think,  from  a  casual  reading 
of  the  resolution  before  us,  that  it  defines  clearly  the  true  powers  and 
objects  of  this  Convention.  And  it  does  seem  to  rne  remarkable  that  we 
should  table  a  resolution  so  expressive  of  the  letter  and  spirit  of  that 
authority  which  brought  us  into  existence.  We  are  certainl\'  entitled  to 
an  expression  of  the  sense  of  the  Convention,  on  a  subject  of  such  vital 
importance.  I  desire  that  the  vote  be  taken,  upon  this  tabling,  anew, 
that  each  member  may  place  himself  upon  the  record,  showing  his  opinion 
on  the  subject.  I  want  to  know  who  it  is  that  believes  we  have  unlimited, 
sovereign  powers,  and  who  believes  we  have  only  a  limited  scope  within 
which  to  act.  This  motion  to  table,  it  is  true,  is  meant  to  kill  the  resolu- 
tion. Its  object  is,  to  dodge  the  question,  to  lay  it  out  of  sight,  and  go  on 
loosely,  without  an  expression  of  the  sense  of  the  Convention  on  the  subject. 
I  want  the  vote  to  be  taken  direct.  I  could  not  get  the  attention  of  the 
President,  owing  to  the  peculiar  circumstances  of  my  situation  at  the 
time. 

I  now  ask  for  the  yeas  and  nays. 

Mr.  HODGES,  of  Pulaski.  I  would  inquire  what  disposition  has  been 
made  of  the  resolution. 

The  PEESIDEXT.  The  Chair  did  not  observe  the  gentleman  from 
White  (Mr.  Cypert),  who  desired  to  take  the  fioor ;  and  the  motion  was 
put.  In  the  noise  of  voting,  the  Chair  did  not  perceive  that  the  gentleman 
desired  the  floor.  It  is  with  the  Convention,  under  these  circumstances, 
to  allow  further  discussion,  by  consent. 

Mr.  HODGES,  of  Pulaski."'  If  I  had  had  time,  I  intended  myself  to 
present  a  different  motion.  It  may  be  well  to  consider  the  matter  a 
little.    I  would  not  enter  into  discussion  now,  however. 

The  PEESIDEiSTT.  Discussion  is  not  in  order,  as  the  vote  is  being 
taken;  but  as  the  vote  has  not  been  announced,  the  roll  may  be  called,  if 
the  Convention  orders  the  yeas  and  nays. 

The  vote  was  then  declared;  and  the  motion  to  lay  the  resolution  upon 
the  table  was  agreed  to. 

Mr.  BEOOKS.  Having  voted  in  the  aflirmative,  I  move  to  reconsider 
the  vote  by  which  the  resolution  was  laid  upon  the  table. 

♦  (  isi  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Saturday, 


Powers  and  Duties  of  Convention.— HODGES  of  Pulaski— BEADLE  Y—BKOOKS. 


The  question  was  taken  upon  the  motion  to  reconsider  the  vote  by 
which  the  resolution  was  laid  upon  the  table;  and  the  motion  was  agreed  to. 

The  question  recurring  upon  the  motion  to  lay  the  resolution  upon  the 
table, 

Mr.  HODGrES,  of  Pulaski,  moved,  as  a  substitute,  that  the  resolution 
be  laid  upon  the  table,  and  made  the  special  order  of  the  day  for  Satur- 
day, February  1st. 

Mr.  BRADLEY.  It  is  as  well  for  us  to  decide  to-day,  as  to  postpone 
it  to  some  future  time,  what  the  prerogatives  of  this  Convention  are. 
There  seems  to  be  a  diversity  of  opinion,  among  the  members,  as  to  our 
right  to  act  upon  anything  other  than  the  formation  of  a  constitution  and 
the  appropriation  of  funds  for  the  payment  of  the  necessary  expenses  of 
the  Convention ;  and  as  this  question  will  be  involved,  more  or  less,  in 
divers  ordinances  that  may  be  introduced  here,  I  am  in  favor  of  settling 
it  at  once,  so  that  we  may  understand  exactly  what  we  are  here  for,  and 
with  what  powers  we  are  invested.  I  favored  the  reconsideration  of  the 
motion  to  table  the  resolution,  in  order  that  we  might  discuss  this  ques- 
tion. "We  shall  waste  a  great  deal  of  time,  unless  we  take  the  yeas  and 
nays,  and  ascertain  the  sentiment  of  the  Convention,  as  to  the  relation 
which  we  sustain  to  the  people  of  Arkansas. 

This  Convention  originated  in  an  act  of  Congress;  and,  under  the  pro- 
visions of  that  Act,  a  proposition  was  made,  through  the  commanding 
General,  to  the  people  of  the  State;  which  proposition  embraced  certain 
conditions.  And  since  the  people  of  Arkansas  have  closed  with  that  pro- 
position, embracing  all  those  conditions  and  contingencies,  and  since  they 
have  called  a  convention,  I,  for  one,  insist  that  we  are  the  people  of 
Arkansas,  in  Convention  assembled,  and  that  we  have  jurisdiction  over 
matters  other  than  the  mere  formation  of  a  constitution. 

Mr.  BROOKS.  I  have  no  disposition  to  enter  lengthily  into  the  merits 
of  the  preamble  and  resolution  offered.  I  have,  however,  this  to  say. 
Upon  this  side  of  the  hall — if  we  may  speak  thus  "  sectionally," — we  have 
no  disposition  whatever  to  hasten  any  matter  through  this  body — even  the 
simplest  and  most  harmless  resolution, — without  affording  to  every  gentle- 
man on  this  floor,  who  desires  it,  the  most  ample  opportunity  to  deliver 
himself.  And  least  of  all,  sir,  have  we  any  disposition  to  "  dodge."  We 
do  not  belong  to  the  dodging  dynasty.  We  are  ready,  at  this  or  any  time 
— at  all  times, — to  meet,  fairly,  fully,  and  promptly,  any  measure  that 
may  be  introduced;  and  I,  individually,  and,  I  believe,  in  the  main,  those 
who  act  with  me,  will  assist  gentlemen  in  securing  the  yeas  and  nays,  on 
any  question  that  may  be  presented. 

I  do  not  desire  to  enter  into  a  discussion  of  the  merits  of  this  question. 
I  may  simply  say  that  I  concur,  entirely,  in  the  views  presented  by  the 
gentleman  from  Bradley  [Mr.  Bradley].  I  do  not  see  that  there  is  any 
(  182  ) 


Jan.  18th.]  AEKAI^SAS  CO^^STITXJTIO^AL  CO^^YENTIOX.  [10th  Day. 


Powers  and  Duties  of  Convention.— BEOOKS— MATTHEWS. 


necessity  for  lumbering  up  this  question,  and  seeing  how  many  turns  of 
circumlocution  we  can  accomplish  here,  or  how  far  we  can  possibly  suc- 
ceed in  befogging  the  question.  I  think  it  evident  that  we  are  assembled 
here  under  the  auspices  of  the  General  Government,  acting  through  the 
military;  but  when  we  have  once  assembled  here,  by  vote  of  the  people, 
who  by  their  ballots  decided  to  call  a  convention,  we  have  simply  all  the 
prerogatives  that  any  constitutional  convention,  assembled  on  behalf  of 
the  people  of  any  other  State,  may  possess.  I  do  not  see  that  the  situation 
is  at  all  complicated.  I  am  ready,  if  j'ou  desire,  to  vote  upon  the  proposi- 
tion to  postpone,  and  make  the  resolution  the  special  order  of  the  day  for 
a  given  time.  That  might  perhaps  be  well.  These  matters  have  proba- 
bly been  touched  upon,  somewhat,  in  conversation  among  the  members  ; 
but  no  elaborate  and  exhaustive  discussion  has  been  had ;  and  it  may  be 
a  matter  upon  which  the  younger  members  of  the  Convention,  especially, 
may  desire  to  think,  and  secure  information,  before  the}^  are  ready  to  act 
upon  a  question  of  such  great  importance  as  is  claimed  for  the  doctrine  of 
the  limited  powers  of  the  Convention.  I  do  not  wish  to  speak  patroniz- 
ingly, when  I  say  there  are  young  men  on  the  floor,  not  now  ready  to 
vote,  aye  or  no  ;  and  for  this  reason  the  postponement  is  moved.  But  I 
am  perfectly  ready  to  face  the  music  on  the  yeas  and  nays. 

Mr.  MATTHEWS.  If  the  motion  prevail,  it  will  of  course  be  tanta- 
mount to  voting  down  the  resolutions;  since  all  the  evil  will  have  occurred, 
before  their  consideration  is  resumed,  which  they  are  desired  to  prevent. 
An  argument,  I  think,  can  scarcely  be  necessary,  to  show  the  truth  of  this 
preamble,  and  the  justness  of  the  conclusions  therefrom,  enunciated  in  the 
resolutions.  That  we  are  only  here  for  a  specific  and  well-defined  pur- 
pose, cannot,  it  seems  to  me,  admit  of  a  doubt.  We  do  not  represent  the 
sovereign  power  of  the  people  of  the  State, — if,  indeed,  they  themselves 
have  or  ever  had  such  power.  We  are  not  here  even  to  make  a  constitu- 
tion, but  only  to  make  a  draft  of  one  which  will  have  to  be  submitted  to, 
and  ratified  by,  the  people,  before  even  it  can  have  any  legal  effect,  or,  in 
other  words,  before  it  will  be  a  constitution  at  all.  We  can  no  more  make 
a  constitution  for  the  people  of  the  State,  than  a  lawj^er  could  sign,  seal, 
and  deliver  a  deed  for  me,  whom  I  had  simply  employed  to  write  one. 
But  suppose  I  should  employ  a  lawyer  to  write  a  deed  for  a  piece  of  land 
I  designed  to  sell,  and  he,  on  no  better  authority  than  that,  should  set 
himself  up  as  the  general  manager  of  my  business.  Would  not  any  one 
say  that  he  had  flagrantly  transcended  his  authority  ?  But  certainly  not 
more  so  than  we  will  transcend  ours,  if,  simply  because  we  are  empowered 
to  frame  a  constitution,  which  may,  or  may  never,  be  ratified  by  the  people, 
we  assume  to  interfere  in  any  other  particular  with  the  affairs  of  the  State 
or  the  people.  Why,  sir,  if  the  simple  adoption,  by  us,  of  an  ordinance 
or  resolution,  gives  it  legal  force, — makes  it  binding  upon  the  people, — 


1868.] 


DEBATES  AND  PEOOEEDmGS  OF  THE 


[Saturday, 


Committee  to  Prepare  Memorial  for  Kemoval  of  Political  Disabilities. 


then  we  have  the  power  to  effectually  forestall  the  option  which  the  people 
are  supposed  to  have  regarding  the  ratification  of  the  constitution.  For 
if  we  think  the  people  would  not  be  likely  to  ratify  such  a  constitution  as 
we  would  desire  that  they  should, — instead  of  making  a  technical  constitu- 
tion, we  have  only  to  embody  what  we  think  should  be  the  organic  law  of 
the  land,  in  an  ordinance,  or  series  of  ordinances.  I  subscribe,  sir,  to  no 
such  doctrine. 

Mr.  McCLURE.  I  object  to  the  presentation  of  any  such  resolutions 
before  the  Convention.  This  is  not  a  judicial  body.  And  if  every  mem- 
ber of  this  Convention  should  express  the  doctrine  of  these  resolutions  as 
his  sentiments,  what  would  that  decide  ?  Nothing — nothing  whatever. 
If  this  body  assumes  to  pass  ordinances,  if  it  attempts  to  undertake  busi- 
ness, outside  the  mere  act  of  submitting  a  constitution  to  the  people,  the 
validity  of  such  action  will  be  a  question  for  the  courts — let  the  courts 
decide  it.  We  do  not  need  to  consume  the  time  of  the  Convention,  by 
arguing  such  questions. 

Mr.  MATTHEWS  asked  for  the  yeas  and  nays,  upon  the  motion  to 
lay  the  resolutions  upon  the  table,  and  make  them  the  special  order  for 
Saturday,  February  1st. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  it  was  decided  in  the  affirmative, — Yeas 
47,  Nays  17,  as  follows: 

Yeas:  Messrs.  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  Dale,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle, 
Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Houghton,  Hutchinson,  John- 
son, Kyle,  Laugley,  Mallory,  Mason,  Merrick,  Misner,  Millsaps,  Montgomery, 
McClure,  McCown,  Murphy,  Oliver,  Poole,  Portis,  Priddy,  Eawlings,  Eector, 
Eounsaville,  Samuels,  Sarber,  Smith,  Snyder,  Wilson,  White,  Williams,  Wyatt 
—47. 

InTays:  Messrs.  Beasley,  Corbell,  Cypert,  Duvall,  Evans,  Gantt,  Hicks,  Hoge, 
Matthews,  Owen,  Puntney,  Eeynolds,  Shoppach,  Sims,  Yan  Hook,  Walker, 
Wright— 17. 

So  the  resolutions  were  laid  upon  the  table,  and  made  the  special  order 
for  Saturday,  February  1st. 

COMMITTEE  TO  PREPARE  MEMORIAL  FOR  REMOVAL  OF  POLITICAL  DISABILITIES. 

The  PRESIDENT  announced  the  following  Committee  to  prepare 
Memorials  to  Cons-ress,  askins;  the  Removal  of  the  Political  Disabilities 
of  certain  persons: 

Messrs.  Hinds,  Sims,  Dale,  Brooks,  and  Hodges  of  Pulaski. 


(  184  ) 


Jan.  18th.]  AEKANSAS  COJS^STITUTIO^^AL  CO^sYENTION.  [10th  Day. 


Sunday  Eeligious  Services  by  Chaplain — Homestead  Exemption. 


SUNDAY  RELIGIOUS  SERVICES  BY  THE  CHAPLAIN. 

Air.  BROOKS.    I  would  ask  permission  of  the  Convention  to  offer  a 
resolution,  out  of  the  course  of  business. 
^^"0  objectio]!  being  made, 

Mr.  BROOKS  offered  the  following  resolution  : 

Resolved:  That  the  Chaplain  of  this  Convention  be  and  is  hereby  requested 
to  preach  and  conduct  Divine  Services  in  this  Hall  at  lOJ  o'clock  on  next  Sab- 
bath, and  each  succeeding  Sabbath  during  the  Session  of  the  Convention. 
That  the  announcement  of  these  services  be  published  in  the  city  papers,  and 
the  citizens  at  large  be  invited  to  unite  with  us  in  the  service." 

^  The  question  was  taken;  and  the  motion  was  unanimously  agreed  to. 

HOMESTEAD  EXEMPTION. 

Mr.  BELDElSr,  by  consent,  offered  the  following  Ordinance,  which  was 
read  a  first  time  : 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  Convention  assembled  : 
That  in  addition  to  the  homestead  now  exempt  by  law  from  execution,  there 
shall  be  exempt  from  sale  under  execution  the  further  amount  of  personal 
property  of  the  sum  of  one  thousand  dollars,  to  be  selected  by  the  debtor,  the 
same  to  be  aj^praised  by  three  disinterested  citizens  of  the  township  in  which 
the  defendant  in  the  execution  resides. 

Mr.  VAN  HOOK  moved  that  the  Ordinance  be  referred  to  the  Com- 
mittee on  Exemption  of  Real  and  Personal  Estate. 

The  question  was  taken  ;  and  the  motion  was  unanimously  agreed  to. 

Mr.  BRASHEAR  [Mr.  Matthews  in  the  chair']  moved  that  the  Con- 
vention adjourn. 

The  question  was  taken;  and  the  motion  was  agreed  to; 

And  thereupon,  at  12.15,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Monday,  January  20th. 


ELEVENTH  DAY. 

Monday,  January  20th,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

Present  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell, 
Bale,  Duvall,  Evans,  Exon,  Gantt,  Cray  of  Jefferson,  Grey  of  PhilUps,  Har- 

(  1^5  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OP  THE 


[Monday, 


Keading  Journal  from  Bound  Book — Expenses  of  Convention. 


rison,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  HoUis.  Hodges  of  Crittenden, 
Hodges  of  Pulaski,  Hoge,  Houghton,  Hutchinson,  Kelly,  Kyle,  Malloiy,  Mason, 
Matthews,  Merrick,  Misner,  Millsaps,  McClure,  Montgomery,  Oliver,  Owen, 
Poole,  Portis,  Pridd}^,  Puntney,  Eawlings,  Eector,  Eeynolds,  Eounsaville, 
Samuels,  Sarber,  Scott,  Shoppach,  Sims,  Smith,  Snyder,  Van  Hook,  Walker, 
Wilson,  White,  Williams,  Wright,  Wyatt,  and  the  President. 
Sick  and  Excused  :  Messrs.  Bradley  and  Johnson. 

READINa  OF  JOURNAL  FROM  A  BOUND  BOOK — AGAIN. 

The  SECRETARY  proceeded  to  read  the  Journal  of  Saturday;  when 
Mr.  CYPERT  moved  that  the  reading  be  deferred  until  the  minutes 

should  be  copied  into  the  book  called  for  by  the  resolution  adopted  on 

Saturday. 

Mr.  KYLE  opposed  the  motion.  The  plan  proposed  would  in  its  prac- 
tical working  be  likely  to  occasion  the  disfigurement  of  the  permanent 
record.  The  Journal  was  read  to  the  Convention  for  correction ;  the 
alterations  called  for  must  be  made  before  the  final  transcription  in  the 
book,  or  interlineations  and  erasures  must  appear  in  the  official  copy. 

Mr.  CYPERT  replied,  that  upon  any  other  plan  than  that  proposed, 
oversights  might  frequently  occur  in  transcription,  after  the  minutes  were 
corrected,  and  it  would  at  last  become  necessary  to  read  the  Journal  from 
the  book. 

The  PRESIDEiTT.  In  accordance  with  the  motion  agreed  to  by  the 
Convention,  be  that  right  or  wrong,  the  minutes  should  be  read  from  the 
book. 

Mr.  BROOKS  moved  that  the  reading  of  the  Journal,  for  the  morning, 
be  dispensed  with. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

EXPENSES  OF  THE  CONVENTION. 

Mr.  BROOKS  moved  that  the  Convention  proceed  to  consider  the  spe- 
cial order  of  the  day;  being,  the  consideration  of  "  Ordinance  E'o.  1,"  enti- 
tled "An  Ordinance  Raising  Revenue  for  the  purpose  of  Defraying  Ex- 
penses of  Constitutional  Convention,"  reported  from  the  Committee  on 
Finance,  Taxation,  Public  Debt,  and  Expenditures;  and  the  substitute 
therefor,  ''Ordinance  ISTo.  2,"  offered  by  Mr.  Cypert,  entitled  "An  Ordi- 
nance to  provide  for  the  Payment  of  the  Expenses  of  the  Convention." 
.  The  question  was  taken;  and  the  motion  was  agreed  to;  so  the  rules 
were  suspended,  and  the  Convention  proceeded  to  consider  the  special 
order  of  the  day. 

Mr.  HODGES,  of  Pulaski.  Do  I  understand  that  the  substitute  is  now 
before  the  Convention  ? 
(  186  ) 


Jan,  20th.]  AEKAXSAS  COXSTITrTIOXAL  COXYEXTIOX.  [11th  Day. 


Expenses  of  Convention.— HODGES  of  Pulaski— MOXTGOMEEY— HINDS— CTPEET. 


The  PEESIDEXT.  The  substitute  will  be  first  takeu  up. 

The  question  being  upon  the  second  reading  of  tbe  substitute, 

Mr.  HODGES,  of  Pulaski,  asked  for  the  yeas  and  nays. 

Mr.  MOXTGOMERY  moved  that  the  consideration  of  the  substitute 
be  indefinitely  postponed. 

Mr.  HODGES,  of  Pulaski.  I  am  entirely  opposed  to  that.  I  want  to 
vote  directly  upon  the  question.  The  proposition  now  is,  to  tax  a  certain 
class  of  people,  by  a  poll-tax,  to  defray  the  expenses  of  this  Convention.  I 
want  the  privilege  of  voting  directly  upon  that  proposition;  and  when  the 
vote  shall  be  reached,  I  shall  call  for  the  yeas  and  nays. 

Mr.  MOXTGOMERY.  My  opinion  is,  that  the  gentleman  can  get  him- 
self upon  the  record,  just  as  well,  by  voting  upon  the  substitute;  and  by 
postponing  indefinitely  we  get  rid  of  the  consideration  of  the  second  and 
third  readings  of  the  substitute,  and  consequently  save  considerable  time 
and  expense  to  the  State.  It  does  appear  to  me,  sir,  that  an  indefinite 
piostponement  affords  more  emphatically  a  record,  than  would  a  direct 
vote  upon  the  substitute.  It  is  the  only  way  that  I  know  of,  in  legislative 
bodies,  in  which  a  question  which  might  at  any  time  arise  ma}'  be  got  rid 
of  entirely,  for  the  whole  session.  I  do  not  see  why  the  gentleman  desires 
to  get  a  direct  vote,  when  the  vote  on  the  proposition  immediately  before 
us  is,  in  effect,  a  direct  vote,  and  most  emphatically  so. 

Mr.  HIXDS.  This  is  a  matter  of  considerable  importance.  It  is  pro- 
posed, by  an  ordinance,  to  impose  a  tax  upon  a  certain  class  of  people  of 
this  State.  Eor  one,  I  am  desirous  of  placing  myself  upon  the  record,  on 
that  subject;  and  I  think  that  no  gentleman  should  desire  otherwise  than 
to  vote  squarely  upon  the  question.  If  the  gentlemen  who  present  this 
Ordinance  wish  its  adoption,  they  ought  to  be  willing  to  place  themselves 
on  record. 

Mr.  MOXTGOMEPvY  asked  for  the  yeas  and  nays. 
The  call  for  the  yeas  and  nays  was  not  sustained. 

The  question  was  then  taken  on  the  motion  to  postpone  the  subject 
indefinitely;  and  the  motion  was  not  agreed  to. 

Mr.  CYPERT.  We  have  passed  an  ordinance  providing  for  defraying 
the  expenses  of  the  Convention.  As  I  voted  against  the  Ordinance, 
and  intend  to  vote  against  everything  that  looks  to  the  pay  of  this  Con- 
vention, and  taking  money  from  the  people  of  the  State,  I  withdraw  the 
substitute. 

Mr.  HODGES,  of  Pulaski.  I  object. 

The  PRESIDEX^T.  The  gentleman  cannot  withdraw  his  substitute 
unless  by  consent;  and  as  objection  is  made,  the  substitute  cannot  be 
withdrawn.  The  question  is  now  upon  the  second  reading  of  the  substi- 
tute, as  an  ordinance. 

Mr.  BROOKS.  I  rise  to  a  point  of  order.    Do  I  understand  the  Chair 

(  187  ) 


1888.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


Expenses  of  Convention.— BEOOKS—KEYNOLDS—CYPEET—GANTT. 


^to  decide  that  the  substitute  is  to  be  acted  upon,  by  the  Convention,  as  an 
ordinance,  and  that  it  is  not  in  the  nature  of  an  amendment? 

The  PRESIDEOT.  It  is  a  substitute;  and  the  Chair  is  of  opinion  that 
the  way  to  reach  the  question,  in  its  present  attitude,  is  to  let  the  substitute 
take  the  same  course  with  any  other  ordinance,  and  be  adopted  or  rejected 
on  its  final  reading.  It  has  been  read  once,  and  the  question  is  upon  its 
second  reading. 

Mr.  BROOKS.  Then  I  appeal  from  the  decision  of  the  Chair. 
Mr.  REYI^^OLDS.  I  would  inquire  whether  the  substitute  has  an  en- 
acting clause,  and  a  title. 
The  PRESIDEI^T.  It  has. 

Mr.  CYPERT.  I  would  ask  whether  there  has  been  a  motion  to  adopt 
the  proposition  now  before  the  Convention,  as  a  substitute,  or  as  an  ordi- 
nance ?    Has  there  been  a  motion  to  adopt  it  in  any  way  ? 

The  PRESIDENT.  It  went  to  its  first  reading,  and  the  Chair  therefore 
assumed  that  it  should  take  the  course  of  ordinary  ordinances.  It  was 
understood,  by  the  Chair,  that  these  ordinances  were  to  take  the  course 
of  bills.    The  Chair  will  read  from  the  Manual: 

"  When  a  bill  is  first  presented,  the  Clerk  reads  it  at  the  table,  and  hands  it 
to  the  Speaker,  who  rises,  states  to  the  House  the  title  of  the  hill,  that  this  is 
the  first  time  of  reading  it,  and  the  question  will  be  whether  it  shall  be  read  a 
second  time.  Then  sitting  down,  to  give  an  opening  for  objections.  If  none 
be  made,  he  rises  again,  and  puts  the  question  whether  it  shall  be  read  a  second 
time." 

Before  that  question  was  reached,  it  was  moved  to  make  it  a  special 
order  of  the  day.  I  profess  to  have  no  experience  in  these  matters.  I 
simply  take  the  Manual,  and  put  the  question  in  accordance  with  the  law 
laid  down  there. 

Mr.  GANTT.  I  would  inquire  whether  the  original  ordinance  had  been 
read  a  second  time. 

The  PRESIDENT.  The  first  time  only. 

The  vote  was  then  taken  upon  the  question,    Shall  the  decision  of  the 
Chair  be  sustained  ?"  and  it  was  decided  in  the  negative. 
So  the  decision  of  the  Chair  was  not  sustained. 

Mr.  BROOKS.  I  move  (it  being  understood  that  I  shall  vote  against  my 
own  proposition)  that  the  substitute  be  adopted,  in  place  of  "  Ordinance 
No.  1 and  upon  that  motion  I  call  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken  on  the  adoption  of  the  substitute;  and  it  was 
decided  in  the  negative, — Yeas  8,  Nays  52,  as  follows : 

Yeas:  Messrs.  Cypert,  Duvall,  Gantt,  Hicks,  Hoge,  Owen,  Shoppacb,  and 
Wright— 8. 
(  188  ) 


Jan.  20tti.]  AEKAXSAS  COXSTITUTIOXAL  COXTE^'TIOX.  [11th  Dar, 


Expenses  of  Convention.— REYNOLDS— 3IcCLrEE. 


Xays  :  ^lessrs.  Belclen.  Bell.  Brasliear.  Brooks.  Coates.  Corbell.  Dale.  Evans, 
Exon.  Gray  of  Jefferson.  Grey  of  Phillips.  Harrison.  Hatfield.  Hawkins.  Hinds. 
Hinkle.  Hollis.  Hodges  of  Crittenden.  Hodges  of  Palaski.  Houghton.  Htitchin- 
son.  Johnson.  Kyle.  Langley.  J\Iallory.  ]\Iason.  3Iatthevrs.  .Merrick.  ]\Iontgomery. 
3IcCown.  McClure.  Oliver.  Poole.  Portis.  Priddy.  Ptintney.  Eavrlings.  Eector. 
Eeynolds.  Potmsaville.  Sams.  Samuels.  Sarber.  Seott.  Sims.  Smith.  Snyder. 
Van  Hook.  TTilson.  TTyatt.  TThite,  and  the  President — 52. 

So  the  substitute  was  rejected. 
Pending  the  call  of  the  roll. 

Mr.  EEYXOLDS  (wlieii  lils  name  was  called)  said:  I  would  state  that 
I  arn  opposed  to  taxation  by  this  Convention,  in  any  shape. 

The  vote  having  been  declared,  as  above, 

Mr.  HODG-ES.  of  Pulaski,  moved  that  the  Ordinance.  ''Xo.  l."'"  be  re- 
committed to  tlie  Committee  on  Finance,  Taxation,  Public  Debt,  and  Ex- 
penditures. 

The  question  was  taken  :  and  the  motion  was  agreed  to. 
Whereupon. 

Mr.  McCEUEE.  from  the  Committee  onEinance,  etc.;  reported  back  the 
Ordinance,  with  the  following  amendments  :  In  line  2.  of  the  Ordinance 
as  printed,  strike  out  the  words  ^-one-half  of  one  per  cent,.""  and  insert 
the  v-ords    one-fourth  of  one  per  cent.'"'"    In  line  7,  strike  out  the  words 

eighteen  hundred  and  sixty-eight."'"  and  insert  the  words  eighteen  hun- 
dred and  sixty-nine.""  On  line  16.  strike  out  the  words  "'placed  upon  the 
Tax  Books  for  the  year  eighteen  hundred  and  sixty-seven,'""  and  insert  the 
words  ••'  placed  upon  the  Tax  Books  for  the  year  eighteen  hundred  and 
sixty- eight.'"'" 

By  drrection  of  the  PEESIBEXT, 

The  SECEETAEY  read  the  Ordinance,  as  amended. 

Mr.  BEOOHS  moved  that  the  Ordinance,  as  reported  back  with  amend- 
ments, be  laid  upon  the  table,  and  made  the  special  order  for  the  next 
day.  Tuesday,  January  21st. 

The  question  was  taken  ;  and  the  motion  was  agreed  to. 

Eeports  of  standing  committees  being  in  order, 
Mr.  McCEUEE  presented  the  following 

EEPOET  OE  C03IAIITTEE  OX  EIXAXCE.  TAXATION'.  PUBLIC  DEBT, 
AXD  EXPEXDITUEES. 

Sectiox  One.  The  levying  of  taxes  by  the  poll  is  grievons  and  oppressive  : 
therefore  the  General  Assembly  shall  never  levy  a  poll  tax  for  State  or  countv 
purposes. 

(  1S9  } 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


Report  of  Committee  on  Finance,  Taxation,  Public  Debt,  and  Expenditures. 


Section  Two.  Laws  shall  be  passed  taxing  by  a  uniform  rule  all  money  credit, 
investments  in  bonds,  joint  stock  companies,  or  otherwise;  and  also  all  real 
and  personal  property,  according  to  its  true  value  in  money;  but  burying- 
grounds,  public  school-houses,  houses  used  exclusively  for  public  worship,  in- 
stitutions of  purely  public  charity,  public  property  used  exclusively  for  any 
public  purpose,  shall  never  be  taxed.  Eeal  estate  shall  be  appraised  every  five 
years  by  an  appraiser  to  be  provided  for  by  law,  at  its  true  value  in  money  ; 
and  each  owner  of  real  estate  shall  be  entitled  to  an  exemption  of  five  hundred 
dollars.  Personal  property  shall  be  appraised,  in  such  manner  as  may  be  pro- 
vided by  law,  at  its  true  value  in  money,  but  the  General  Assembly  may  exempt 
from  taxation  personal  property  to  the  value  of  five  hundred  dollars  to  each 
tax-payer. 

Section  Three.  The  General  Assembly  shall  provide  by  law  for  taxing  the 
^  notes  and  bills  discounted  or  purchased,  moneys  loaned,  and  all  other  property, 
effects,  or  dues  of  every  description,  without  deduction,  of  all  banks,  now  exist- 
ing, or  hereafter  created,  and  of  all  bankers,  so  that  all  property  employed  in 
banking  shall  always  bear  a  burden  of  taxation  equal  to  that  imposed  on  other 
property  of  individuals. 

Section  Four.  The  General  Assembly  shall  provide  for  raising  revenue  suf- 
ficient to  defray  the  expenses  of  the  State,  for  each  year;  and  also  a  sufiicient 
sum  to  pay  the  interest  on  the  State  debt. 

Section  Five.  No  tax  shall  be  levied  except  in  pursuance  of  law;  and  every 
law  imposing  a  tax,  shall  state  distinctly  the  object  of  the  same. 

Section  Six.  The  credit  of  the  State,  or  counties,  shall  never  be  loaned  for 
any  purpose  without  the  consent  of  the  people  thereof,  expressed  through  the 
ballot  box. 

Section  Seven.  The  General  Assembly  may  require  the  exhibit  of  receipts 
and  expenditures  of  State  and  county  officers,  at  such  time  and  in  such  manner 
as  may  be  prescribed  by  law. 

Section  Eight.  No  money  shall  be  paid  out  of  the  treasury,  until  the  same 
shall  have  been  appropriated  by  law. 

Section  Nine.  The  State  may  contract  debts  to  supply  casual  deficits  or 
failures  in  revenues,  or  to  meet  expenses  not  otherwise  provided  for;  and  the 
money  arising  from  the  creation  of  such  debts  shall  be  appropriated  to  the 
purpose  for  which  it  was  obtained,  or  to  pay  the  debt  so  contracted,  and  to  no 
other. 

Section  Ten.  In  addition  to  the  above  power,  the  State  may  contract  debts 
to  repel  invasion,  suppress  insurrection,  preserve  the  public  peace,  defend  the 
State  in  time  of  war,  or  to  redeem  the  present  outstanding  indebtedness  of  the 
State;  but  the  money  arising  from  the  contracting  of  such  debts  shall  be  ap- 
plied to  the  purpose  for  which  it  was  raised,  and  no  other;  and  all  debts  in- 
curred to  redeem  the  present  outstanding  indebtedness  of  the  State,  shall  be  so 
contracted  as  to  be  payable  by  the  sinking-fund,  hereinafter  provided  for,  as 
the  same  shall  accumulate. 

Section  Eleven.  The  faith  of  the  State  being  pledged  for  the  payment  of  its 
public  debt,  in  order  to  provide  therefor  there  shall  be  created  a  sinking-fund; 
(  190  ) 


Jan.  20th.]  AEKA:NSAS  COXSTITUTIOXAL  COXVEXTIOX.  [11th  Day. 


Report  of  Committee  on  Tinance,  Taxation,  Public. Debt,  and  Expenditures. 


which  shall  be  sufficient  to  pay  the  accruing  interest  on  such  debt,  and  annu- 
ally to  reduce  the  same.  The  said  sinking-fund  shall  consist  of  such  net  earn- 
ings and  profits,  of  public  institutions,  bonds,  stocks,  or  other  property  of  the 
State,  or  of  any  other  funds  or  resources,  that  are  or  may  be  provided  by 
law. 

Sectiox  Twelve.  The  Governor,  Secretary  of  State,  and  Attorney-General, 
are  hereby  created  a  Board  of  Commissioners,  to  be  styled  The  Commissioners 
of  the  Sinking-Fund." 

Section  Thirteen.  The  Commissioners  of  the  Sinking-Fund  shall,  immedi- 
ately preceding  each  regular  session  of  the  General  Assembly,  make  an  esti- 
mate of  the  probable  amount  of  the  fund  provided  for  by  the  eleventh  section 
of  this  article,  from  all  sources,  except  from  taxation,  and' report  the  same, 
together  with  all  their  proceedings  relative  to  said  fund  and  the  public  debt, 
and  transmit  the  same  to  the  General  Assembly,  and  the  General  Assembly 
shall  make  all  necessary  provision  for  raising  and  disbursing  said  sinking-fund, 
in  pursuance  of  the  provisions  of  this  article. 

Section  Fourteen.  It  shall  be  the  duty  of  the  said  Commissioners,  faithfully 
to  apply,  in  such  manner  as  the  General  Assembly  may  by  law  direct,  said 
fund,  together  with  all  moneys  that  may  be  by  the  General  Assembly  appro- 
priated to  that  object,  to  the  j^ayment  of  the  interest  as  it  becomes  due  and  the 
redemption  of  the  principal  of  the  public  debt  of  the  State,  excepting  only 
school  and  trust  funds  held  by  the  State. 

Section  Fifteen.  The  principal  arising  from  the  sale  of  all  lands  donated  to 
the  State  for  school  purposes,  shall  be  j)aid  into  the  treasury,  and  the  State 
shall  pay  interest  thereon  for  the  support  of  schools,  at  the  rate  of  six  per  cent, 
per  annum. 

Section  Sixteen.  The 'State  shall  never  assume  the  debts  of  county,  town, 
city,  or  other  corporation,  unless  such  debts  have  been  created  to  repel  invasion, 
suppress  insurrection,  or  to  provide  for  the  public  welfare  and  defence. 

Section  Seventeen.  The  General  Assembly  shall  tax  all  privileges,  pursuits, 
and  occupations,  that  are  of  no  real  use  to  society;  all  others  shall  be  exempt, 
and  the  amount  thus  raised  shall  be  paid  into  the  treasury. 

Mr.  HIXDS  moved  that  the  Report  be  laid  upon  the  table,  that  one 
hundred  copies  be  printed  for  the  use  of  members  of  the  Convention,  and 
that  the  Report  be  made  the  special  order  of  the  day  for  Saturday,  Janu- 
ary 25th. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

APPOIXTMEXT  OF  PUBLIC  PRINTER. 

Mr.  McCLURE,  from  the  Committee  on  Printing,  presented  the  follow- 
ing Ordinance,  which  was  read  a  first  time : 


(  191  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


Appointment  of  Public  Printer.— CYPEET—McCLUEE. 


AN  ORDINANCE  DECLARING  A  PUBLIC  PRINTER. 

Be  it  ordained  by  the  people  of  Arkansas  in  Convention  assembled :  That  John 
G.  Price  is  hereby  declared  Public  Printer  of  this  Convention,  and  also  for  the 
State  of  Arkansas  ;  and  that  all  printing  of  laws,  journals,  and  other  proceed- 
ings and  legal  advertisements,  which  is  by  law  made  the  duty  of  the  State 
printer,  shall  be  transferred  to  him  and  that  he  shall  receive  therefor  the 
rates  now  prescribed  by  law.  And  it  is  hereby  made  the  duty  of  the  Secretary 
of  this  Convention  to  notify  all  State  and  county  officials  of  the  passage  of 
this  Ordinance,  which  shall  take  effect  from  and  after  its  passage. 

Mr.  CYPERT.  I  move  to  refer  the  proposed  Ordinance  to  a  special 
committee,  with  instructions  to  ascertain  what  are  the  lowest  rates  at  which 
the  printing  can  be  obtained. 

Mr.  McCLURE.  I  have  only  this  to  say ;  that  some  provision  must  be 
made  for  the  printing  for  this  Convention  ;  and  that  at  once.  Matter  for 
printing  is  accumulating;  the  reports  of  the  various  committees  having  in 
charge  the  preparation  of  the  different  portions  of  the  Constitution,  are 
daily  submitted,  l^o  contract  has  been  made  for  the  printing,  nor  has 
any  provision  been  made  by  the  Convention,  authorizing  such  a  contract. 
For  this  reason,  and  in  order  to  avoid  the  delay  which  must  result  from  a 
reference  of  the  matter  to  a  special  committee,  however  prompt  might  be 
its  action,  the  Ordinance  was  introduced  in  the  form  in  which  it  is  pre- 
sented. The  rates  fixed  are  those  which  were  fixed  by  the  gentlemen  on 
the  other  side  of  the  house.  If  they  are  too  bigh,  any  odium  that  there 
may  be',  attaches  to  those  who  fixed  the  rates.  We  merely  adopt  their 
action.  It  is  to  be  presumed  the  rates  are  not  too  high;  and  if  they  are 
not  so,  I  hope  the  proposition  for  a  reference  will  be  voted  down. 

The  question  was  taken  on  the  motion  to  refer,  and  it  was  not  agreed  to. 

Mr.  HODG-ES,  of  Pulaski.  I  move  that  the  rules  be  suspended,  and 
that  the  Ordinance  pass  to  its  second  and  third  readings. 

The  question  was  taken,  the  motion  was  agreed  to ;  and  the  Ordinance 
was  read  a  second  and  third  time. 

Mr.  MATTHEWS  moved  to  amend  the  Ordinance  by  striking  out  all 
except  so  much  as  declared  John  G.  Price  Public  Printer  of  this  Conven- 
tion. 

Mr.  BROOKS  moved  that  the  amendment  lie  upon  the  table. 
Upon  w^hich  motion 

Mr.  CYPERT  called  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 
(  192  ) 


Jan.  20tb.]  AEKAXSAS  COXSTITUTIOXAL  COXTEXTIOX.  [llth  Day. 


Appointment  of  Public  Printer.— BEOOKS—BEASLET—lTcCOTV^s^. 


The  question  was  taken  upon  the  motion  to  lav  the  amendment  upon  . 
the  table :  and  it  was  decided  in  the  affirmative, — Yeas  46,  Xays  16,  as 
follows :  . 

Teas:  Messrs.  Belden.  Bell,  Brasliear,  Brooks,  Coates.  Corbell,  Dale.  Exon. 
Cxrav  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hatfiekl,  Hawkins,  Hinds,  Hin- 
kle,  Hollis,  Hodges  of  Pulaski,  Hodges  of  Crittenden,  Houghton,  Hutchinson, 
Johnson,  Kyle,  Langley,  ]\Iallory,  Mason,  Merrick,  Misner,  Millsaps,  Mont- 
gomery, McClure,  Oliver,  Poole.  Portis.  Priddy.  Eawlings,  Eector.  Sams, 
Samuels,  Sarber,  Scott,  Smith,  Snyder,  ^Yhite,  ATilliams,  Wyatt,  and  the  Presi- 
dent— 46. 

Xays:  Messrs.  Beasley,  Cypert,  Diivall,  Gantt,  Hicks,  Hoge,  Matthews. 
McCown,  Owen,  Puntney,  Eeynolds,  Shoppach,  Yan  Hook,  Walker,  Wilson, 
and  Wright— 16. 

So  the  amendment  was  laid  upon  the  table. 

The  Ordinance  being  upon  its  final  passage, 

Mr.  BROOKS  said:  I  have  only  to  say,  that  as  the  point  aimed  at  by 
our  friends  on  the  opposite  side  is  economy,  I  take  it  for  granted  that  the 
compensation  fixed  by  law  was  so  fixed  with  deliberation,  and  after  careful 
inquiry  into  the  necessary  outlay  ;  and  is  not  extravagant.  VTe  presume 
upon  that. 

Mr.  BEASLEY.  I  wish  to  make  a  remark  or  two  in  regard  to  my 
vote.  I  was  in  favor  of  the  proposition  to  let  out  the  printing  to  the 
lowest  bidder,  thinking  that  such  a  course  would  be  fairest  to  my  constit- 
uents. I  am  an  honest  man.  I  do  not  impeach  others,  by  saying  that  I 
am  honest;  but  I  want  everything  done  fairly  for  my  constituents. 

The  yeas  and  nays  were  asked,  and  ordered. 

The  question  was  then  taken  upon  the  final  passage  of  the  Ordinance  : 
and  it  was  decided  in  the  affirmative, — Yeas,  45,  ^s'ays,  14,  as  follows : 

Yeas  :  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon. 
G-ray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle, 
HoIIis,  Hodges  of  Crittenden,  Houghton,  Hutchinson,  Johuson,  Kyle,  Langley, 
Mallory,  Mason,  Merrick,  Misner,  Millsaps,  Montgomery,  McClure,  Oliver,  Poole. 
Portis,  Priddy,  Eawlings,  Eector,  Samuels,  Sarber,  Scott,  Smith,  Snyder. 
Wilson,  White,  Williams,  Wyatt,  and  the  President — 45. 

jS'ays  :  Messrs.  Cypert,  Duvall,  Gantt,  Hicks.  Hoge,  Matthews,  McCown. 
Owen,  Puntney,  Eeynolds,  Shoppach,  Yan  Hook.  Walker,  and  Wright — 14. 

So  the  Ordinance  was  passed. 
Pending  the  calling  of  the  roll, 

Mr.  McCOTYiT  (when  his  name  was  called),  said  :  From  the  fact  that  I 

13  (  198  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


%  Expenses  of  Convention.— GENEEAL  DEBATE. 


do  not  know  what  the  rate  of  public  printing  is,  and  not  intending  to  vote 
upon  any  subject  in  the  dark,  I  shall  vote  'No. 

EXPENSES  OF  THE  CONVENTION — AGAIN. 

Mr.  CYPERT  asked  permission  to  send  to  the  Secretary's  desk  an 
explanation  of  his  vote,  upon  the  Ordinance  to  provide  for  the  Payment 
of  the  Expenses  of  this  Convention,  which  explanation  he  requested  to 
have  entered  upon  the  Journal ;  and  which  was  read  by  the  Secretary,  as 
follows,  viz. :  , 

"  I  vote  for  the  substitute,  as  a  choice  between  the  Ordinances ;  but  shall  vote, 
on  the  final  vote,  against  all  measures  tending  to  tax  the  peoj^le  for  the  expenses 
of  this  Convention.'^ 

Mr.  HOGE  requested  to  have  his  name  added  to  the  paper  presented 
by  Mr.  Cypert. 

The  word  "  I,"  in  said  paper,  was  accordingly  changed  to  "  We;"  and 
tlie  paper  was  signed  by  Messrs.  Cypert  and  Hoge. 

Mr.  GAKTT  requested  to  have  his  name  added  to  the  explanation; 
which  was  done, 

Mr.  REYiTOLDS  asked  permission  to  send  to  the  Secretary's  desk  an 
explanation  of  his  vote,  which  explanation  he  n-equested  to  have  entered 
upon  the  minutes ;  and  which  was  read  by  the  Secretary,  as  follows : 

"  I  vote  No  ;  because  I  am  opposed  to  taxation,  in  any  shape,  for  the  expenses 
of  this  Convention.'^  - 

Mr.  CYPERT.  I  proposed,  first,  to  withdraw  it,  so  as  to  prevent  a  vote 
at  all :  and  was  not  allowed  to  do  so. 

Mr.  BROOKS.  I  am  certainly  in  favor  of  the  largest  liberty,  in  these 
respects,  consistent  with  good  order  and  parliamentary  usage ;  and  an 
explanation  given  at  the  time  of  voting,  is  perfectly  proper,  I  suppose,  and 
a  note  will  be  made  of  it.  But  unless  these  gentlemen  want  to  come  in 
with  a  protest  against  the  action  which  they  themselves  have  chosen  to 
take,  on  their  own  measures,  I  am  not  disposed,  for  my  own  part,  to  con- 
sent to  have  the  Journal  lumbered  up  with  explanations  which  gentlemen 
give  after  an  hour  or  two's  reflection,  in  which  to  get  up  such  documents, 
and  prepare  reasons  for  their  course,  to  go  on  file. 

Mr.  CYPERT.  My  explanation  is  very  short ;  and  it  is  precisely  that 
which  I  gave  before  casting  my  vote. 

Mr.  HODGrES,  of  Pulaski.  I  rise  to  a  point  of  order — whether  it  is  in 
order  to  have  an  explanation  go  upon  the  record.    I  suppose  that  a  protest 
could  be  spread  upon  the  Journal,  at  large ;  but  whether  a  speech,  in  the 
nature  of  an  explanation,  can  properly  appear  there,  I  doubt. 
(  194  ) 


J  an.  20th.]  AEKAXSAS  COySTITniOXAL  COyVE^'TIOy.  [llih  Day. 


Parchase-monev  for  Slaves. — SMITH. 


The  PEESIDEXT.  It  is  an  ordiijary  occitrreuee  to  have  gentlemen 
o'ive  their  exphmatious  at  the  tirne  of  taking  the  vote,  and  have  theni 
p^laced  upon  the  minutes.  Tv'hether  it  can  be  done  afterward,  is  question- 
able. The  Chair  is  of  opinion  that  the  explanations  submitted  cannot 
properly  be  placed  upon  the  Journal,  unless  by  consent  of  the  Convention. 

Mr.  CYPEET.  I  have  no  desire  to  cavil  I  made  the  statement,  and 
prestime  the  reporters  will  have  it  appear.  I  have  never  before,  however, 
in  anv  deliberative  body,  heard  any  objection  raised  to  any  member  put- 
ting' his  reasons,  in  brief,  upon  the  record. 

in  order  that  the  Convention  may  decide  the  matter,  T  move  that  the 
explanation  be  entered  on  the  .Journal.  [Cries  of  Leave.""] 

By  unanimous  consent  of  the  Convention,  the  explanations  were  per- 
mitted to  be  placed  tipon  the  Journal. 

Mr.  HODGES,  of  Pulaski.  It  may  be  well  enough  for  these  statements 
to  2'o  upon  the  record.  Hereafter,  I  shall  be  opposed  to  speeches  or  ex- 
planations going  upon  the  Journal.  They  can  be  reported  in  the  otiicial 
report  of  the  proceedings. 

PURCHA5E-M0XEY  TOR  SLAVES. 

Motions,  resolutions,  and  notices  being  in  order, 

Mr.  SMITH  offered  the  followiug  ordinance,  which  was  read  a  first  time : 

AX  ORDIXAXCE  EESPECTIXlt  THE  SALE  OE  SLATES. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas,  in  Convention  now  asseraUed: 
First :  That  liberty  is  the  natural  right  of  all  men. 

Second :  That  slavery  was  a  violation  of  that  right,  and  could  only  exist  by 
positive  law. 

Ttdrd :  That  slavery,  having  been  abolished  by  Act  of  the  Convention  held 
in  this  State.  A.D.  lS6-i.  it  is  hereby  fjrever  prohibited,  except  as  a  punish- 
ment for  crimes,  of  which  the  party  shall  have  been  convicted  by  due  process 
of  law. 

Fourth:  That  the  fiat  of  the  sovereign  power,  having  restored  the  slave  to 
freedom,  did  thereby  release  the  vendor  of  shives  from  his  obligations  of  title 
and  warranty,  and  also  absolved  the  vendee  from  all  obligation  of  payment. 

Fifth:  That  no  court  in  this  State  shall  take  jurisdiction  of  any  cause,  the 
object  of  which  is'to  recover  the  price  of  slaves,  or  to  enforce  any  contracts  in 
which  the  purchase  of  slaves  was  the  consideration. 

Sixth  :  That  all  suits  now  pending  in  the  courts  of  this  State,  upon  all  such 
obligations  and  contracts,  shall  be  dismissed,  and  that  all  judgments  and  de- 
crees, had  on  such  obligations  and  contracts,  since  slavery  was  abolished  in 
this  State,  are  hereby  declared  to  be  null  and  void. 


(  1^5  ) 


1868.] 


DEBATES  AISTD  PEOCEEDINGS  OF  THE 


[Monday, 


Engrossment— Payment  of  Deputy  Sheriffs — Eeduction  in  Number  of  Officers. 


Mr.  SMITH  moved  that  the  Ordinance  be  referred  to  the  Committee 
on  Ordinances. 
The  question  was  taken ;  and  the  motion  was  agreed  to. 

ENGROSSMENT. 

Mr.  POOLE.  As  it  is  necessary  now  to  commence  engrossing,  I  request 
that  the  Committee  on  Engrossment  be  permitted  to  retire  to  their  com- 
mittee-room. 

1^0  objection  being  made, 

The  members  of  the  Committee  on  Engrossment  were  excused. 

PAYMENT  OF  DEPUTY  SHERIFFS — AGAIN. 

Mr.  McCLURE,  from  the  Committee  on  Finance,  Taxation,  Public 
Debt,  and  Expenditures,  presented,  by  consent,  the  following  Eeport : 

EEPOET  OF  COMMITTEE  ON  FINANCE,  ETC.,  ON  PAYMENT  OP  DEPUTY 

SHERIFFS. 

Your  Committee,  to  whom  was  referred  the  accounts  of  Deputy  Sheriffs,  by 
the  commanding  General,  beg  leave  to  report  that  in  their  opinion  this  Con- 
vention has  no  authority  to  provide  for  the  payment  of  debts  incurred  prior  to 
the  election  of  Delegates.  Your  Committee  further  report  that  the  oath  of 
office,  required  by  the  Eeconstruction  Acts  of  Congress,  does  not  appear  with  the 
accounts  submitted. — "We  therefore  recommend  that  the  accounts  be  referred 
to  the  commanding  General,  by  the  Secretary  of  this  Convention,  with  the 
opinion  herein  expressed. 

McClure,  Chairman. 

On  motion,  the  Eeport  was  adopted. 

REDUCTION  IN  NUMBER  OF  OFFICERS — AGAIN. 

Mr.  McCLUEE,  from  the  Committee  on  Finance,  Taxation,  Public 
Debt,  and  Expenditures,  to  whom  were  referred  the  resolution  inquiring 
into  the  practicability  of  dispensing  with  some  of  the  officers  of  the  Con- 
vention, presented,  by  consent,  the  following  Eeport  : 

Your  Committee  beg  leave  to  report  that,  in  their  opinion,  there  are  no  more 
officers  elected  for  this  Convention,  than  are  required  to  transact  the  business. 

(Signed)  John  C.  McClure, 

James  L.  Hodges, 
-  J.  E.  Montgomery, 
Clifford  Stanley  Sims, 
G.  S.  Scott. 

On  motion,  the  Eeport  was  adopted. 
(  19  .6  ) 


Jan.  20th.]  AEKANSAS  C0:N^STITUTI0XAL  CONYEXTIOX.  [11th  Day. 


County-seat  of  Little  Eiver  County— Committee  on  Correspondence, 


COUNTY-SEAT  OF  LITTLE  RIVER  COUNTY. 

Mr.  SCOTT  offered  the  following  resolution : 

Besolved :  That  Eichard  Standal,  Albert  Fengler,  and  L.  AT.  Davis,  be, 
and  they  are  hereby,  appointed  Commissioners  to  locate  the  County-seat  of 
Little  Eiver  County. 

Mr.  EEYXOLDS.  I  think  that  matter  should  be  referred  to  some  ap- 
propriate committee.  I  move  its  reference  to  the  Committee  on  Bound- 
aries. 

The  question  was  taken  on  the  motion  to  refer ;  and  the  motion  was 
agreed  to.  ■ 

COMMITTEE  ON  CORRESPONDENCE. 

Mr.  BEOOKS  offered  the  following  resolution: 

Besolved  :  That  a  special  committee  of  three  be  appointed,  to  be  denominated 
a  Committee  on  Correspondence. 

Mr.  CYPEET.    I  move  to  lay  the  resolution  on  the  table. 

I  wish  to  make  one  remark  only.  I  cannot  see  what  correspondence 
this  Convention  really  wants  to  have,  unless  with  its  constituents.  We 
ought  to  look  to  nobody  but  the  people  of  Arkansas,  for  what  we  are 
doing  here.  Correspondence  with  the  world  might  look  big,  and  make 
a  show;  but  we  are  in  Arkansas,  and  what  others  than  our  constituents 
have  to  do  with  what  we  are  doing  here, — if  we  are  dcfeng  anything, — I 
don't  know. 

Mr.  BEOOKS.  I  hope  the  gentleman's  mind  will  become  clear,  after 
a  time,  upon  questions  of  this  kind,  which  we  have  had  raised  a  second 
time.  A  day  or  two  since,  he  was  very  anxious  to  know  whether  we  had 
any  authority,  or  not.  ^N'ow  he  is  in  doubt  whether  we  are  doing  any- 
thing, here,  or  not.  I  am  not  quite  clear,  myself,  as  to  the  prerogatives 
and  accomplishments  of  the  Convention ;  but  perhaps  it  is  as  well  to  toler- 
ate ourselves,  at  least.  From  the  other  side  of  the  room,  too,  we  have 
had  frequent  reminders  of  the  fact  that  we  are  not  here  as  the  represent- 
atives of  the  people  of  Arkansas,  untrammelled,  but  that  we  are  here  under 
military  authority,  and  can  proceed  only  as  we  may  secure  military  ap- 
proval. And  as  there  are  a  number  of  points,  with  respect  to  the  business 
of  this  Convention,  concerning  which  we  desire  to  correspond  with  the 
military  commander  of  the  District,  and,  perhaps,  with  the  commander  of 
the  Sub-District,  it  seemed  to  me  desirable  that  we  might  have  a  formal 
committee  appointed  for  that  purpose,  to  correspond  officially  with  these 

(  197  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Monday, 


Committee  on  Eatification— Belief  for  the  Suffering  Poor.— BKOOKS. 


commanding  Generals,  respectively,  and  with  any  other  person  or  power, 
if  there  be  any  outside  the  boundaries  of  Arkansas,  with  whom' we  might 
desire  a  correspondence.  We  have  no  tenacity  whatever,  on  the  subject. 
As  far  as  regards  the  correspondence  with  our  constituents,  if  the  gentle- 
man on  the  other  side  of  the  house  [Mr.  Brooks]  desires  a  clerk,  to  keep 
up  his  correspondence  with  his  constituency,  we  will,  I  doubt  not,  cheer- 
fully vote  to  pay  for  one. 

The  question  was  taken  on  the  motion  to  lay  the  resolution  upon  the 
table;  and  the  motion  was  not  agreed  to. 

The  question  was  then  taken  on  the  adoption  of  the  resolution;  and  the 
resolution  w^as  adopted. 

COMMITTEE  ON  RATIFICATION. 

Mr.  HODGES,  of  Pulaski,  offered  the  following  resolution  : 

Resolved :  That  the  President  appoint  a  Select  Committee,  of  three,  upon 
Eatification. 

Mr.  CYPERT.  I  fail  to  understand  this.  Has  this  Convention  any 
ratification  to  do?  •  I  once  heard  an  anecdote  of  a  young  student  of  law, 
who  was  examined  by  his  preceptor,  and  in  the  course  of  the  examination 
upon  the  Law  of  E'ations,  the  question  as  to  the  nature  of  the  ratification 
of  treaties  came  up.  He  replied  that  he  supposed  that  if,  in  passing,  by 
sea,  between  the  one  government  and  the  other,  the  treaty  should  be 
destroj^ed  by  the  rats  in  the  ship,  it  would  be  ratified.  When  we  get  our 
Committee  on  Co^rrespondence,  in  passing  their  correspondence  to  differ- 
ent localities  it  may  become  ratified  in  that  way.  But  what  else  we  can 
have  to  do  with  ratification,  I  don't  understand. 

The  PRESIDEI^T  put  the  question,  when 

Mr.  WALKER  said :  I  move  to  amend  the  resolution,  so  as  to  provide 
for  submitting  the  result  of  our  labors  to  a  committee  of  sixty-six  thou- 
sand, for  ratification. 

The  PRESIDE^^'T,    The  gentleman's  amendment  comes  too  late. 

The  question  was  then  taken ;  and  the  resolution  w^as  adopted. 

Mr.  HINKLE  moved  that  the  Convention  adjourn. 

RELIEF  FOR  THE  POOR  OF  THE  STATE. 

Mr.  BROOKS.  I  would  ask  that  the  motion  be  withdrawn,  to  enable 
me  to  ask  the  members  of  the  Convention,  and  any  others  interested  in 
the  matter  of  the  relief  of  the  poor,  to  meet  in  the  hall  at  two  o'clock, 
with  the  Committee  on  Relief,  that  the  Committee  may  obtain  informa- 
tion of  the  state  of  things  in  the  different  counties,  and  receive  any  sug- 
(  198  ) 


Jan.  20tL]  AEKAXSAS  COXSTITUTIOXAL  COXYENTION.  [lltb  Day. 


Appointment  of  Committees  on  Eatification  and  Correspondence — Adjournment. 


gestioDS  that  might  be  offered.  The  Committee  confess  themselves  quite 
at  a  loss  to  know  what  measures  to  adopt  for  the  relief  of  the  poor. 

APPOIXTxMENT  OF  COMMITTEES  OX  KATIEICATIOX  AND  CORRESPOXDEXCE. 

Mr.  HIXKLE  having  withdrawn  the  motion  for  adjournment, 
The  PEESIDEXT  announced  the  following  Standing  Committees  : 

Ox  Ratificatiox  :  Messrs.  Hodges  of  Pulaski,  Smith,  and  Hutchixsox. 
Ox  CoRRESPOXDENCE  :  Mcssrs.  Brooks,  Si3is,  and  Hodges  of  Crittenden. 

READIXG  JOURXAL  FROM  A  BOrXD  BOOK — AGAIX. 

Mr.  HODGES,  of  Pulaski.  I  wish  to  give  a  notice  of  reconsideration. 
I  understand  there  are  many  objections  to  placing  the  minutes  upon  the 
record  and  reading  from  that,  before  they  are  corrected  and  approved; 
and  in  view  of  these  objections,  and  having  voted  for  the  resolution  re- 
quiring that  method  to  be  pursued,  I  move  its  reconsideration. 

The  PEESIDEXT.  The  motion  is  out  of  order,  as,  under  the  rules, 
notice  is  required. 

Mr.  HODGES,  of  Pulaski.  Then  I  give  notice  that  I  shall  present  a 
motion  for  reconsideration,  on  to-morrow. 


adjourxmext. 

Mr.  HIXKLE  renewed  his  motion  that  the  Convention  adjourn. 
Mr.  YAX  HOOK  moved  to  amend  by  adjourning  to  three  o'clock,  p.m. 
The  question  was  taken ;  and  the  amendmeut  was  not  agreed  to. 
The  question  was  then  taken  on  the  motion  to  adjourn;  and  it  was 
agreed  to ; 

And  thereupon,  at  12.15,  p.m.,  the  Convention  adjourned  to  10,  a.m., 
of  Tuesday,  January  21st. 


TWELFTH  DAY. 

Tuesday,  January  ^Ist,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called. 


Present,  Messrs.  Beasley,  Belden,  BeU.  Brashear,  Brooks,  Corbell,  Cypert, 
Dale,  Diivall,  Evans,  Exon,  Gantt,  Gray  of  Jetferson,  Grey  of  Phillips,  Harri- 

(  199  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Tuesday, 


Beading  of  Journal  from  a  Bound  Book.— CYPEET— HODGES  of  Pulaski. 


son,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis,  Hodges  of  Crittenden, 
Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Mat- 
thews, Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McClure, 
Oliver,  Poole,  Portis,  Priddy,  Puntney,  Eawlings,  Eeynolds,  Eounsaville,  Sams, 
Samuels,  Scott,  Shoppach,  Sims,  Smith,  Snyder,  Yan  Hook,  Walker,  Wilson, 
White,  Williams,  Wright,  Wyatt,  and  the  President. 
Sick  :  Mr.  Bradley 


READING  OF  JOUENAL  FROM  A  BOUND  BOOK,  ETC. 

The  Journal  of  Saturdaj^  was  read. 

Mr.  CYPERT  called  attention  to  the  fact  that  a  vote  upon  the  motion 
to  lay  upon  the  table  the  resolutions  introduced  by  Mr.  Matthews,  re- 
specting the  powers  and  duties  of  the  Convention,  had  been  omitted,  in 
the  reading  of  the  minutes;  and  animadverted  upon  negligence  displayed 
in  the  omission.  It  was  in  the  power  of  the  Convention  to  replace  officers 
of  the  body,  with  others.  This  error  now  stood  upon  the  permanent 
record  of  the  proceedings  of  the  Convention, 

The  PRESIDENT  remarked  that  the  difficulty  in  rendering  the  Journal 
uniformly  accurate,  arose  out  of  the  adoption  of  the  motion  recently  sub- 
mitted by  the  gentleman  from  White  [Mr.  Cypert],  requiring  that  the 
Journal  should  each  morning  be  read  from  a  bound  book.  The  rule 
deprived  the  Secretaries  of  the  opportunity  of  correcting  the  Journal  by 
the  customary  suggestions  of  members  upon  the  reading  of  the  minutes 
for  approval. 

Mr.  CYPERT.  The  occasion  of  my  presenting  that  motion,  was  this. 
When  the  President  swore  in  the  gentleman  from  Lafayette  County  [Mr. 
Merrick],  I  discovered  that  he  read  the  oath  from  a  book;  and  that  it 
was  not  the  oath  which  the  rest  of  the  members  of  the  Convention  had 
taken.  I  walked  to  the  desk  and  asked  for  the  record ;  and  was  shown 
that  book  of  record  of  the  proceedings.  I  there  discovered,  upon  the 
record,  that  it  was  not  the  oath  which  we  bad  taken. 

The  PRESIDENT.  That  book  was  what  is  called  the  "  Blotter." 

Mr.  HODGES,  of  Pulaski.  If  this  debate  is  in  order,  a  motion  may  be 
in  order. 

The  PRESIDENT.  If  no  objection  be  made,  there  may  be  a  reply  to 
the  remarks  of  the  gentleman  from  White  [Mr.  Cypert]. 

Mr.  HOIKtES,  of  Pulaski.  I  voted  for  the  motion  of  the  gentleman 
from  White,  on  account  of  an  error  having  occurred  in  the  transcription  of 
the  minutes;  thinking,— probable  as  it  is  that  such  errors  should  occur  in 
the  most  careful  labor  of  the  kind, — that  it  would  be  better  to  have  our 
proceedings  immediately  placed  upon  the  permanent  record,  and  thus  to 
insure  the  correctness  of  the  record.  But  I  afterward  became  satisfied 
(  200  ) 


Jan.  21st.]  AEKA^SAS  CONSTITUTIONAL  COJSTVENTIOK  [12th  Day, 


Beading  of  Journal  from  a  Bound  Book.— HODGES  of  Pulaski— CYPEET—BEOOKS. 

that  we  had  ordered  something  which  was  impracticable.  I  disliked,  as 
much,  probably,  as  any  gentleman  in  this  body,  to  have  the  records  appear 
incorrect.  I  am,  however,  fully  satisfied,  now,  that  we  could  better  make 
our  corrections  in  the  original  manuscript,  and  then  have  them  transferred 
to  the  book;  and  of  course  our  Secretaries  can  do  that.  I  suppose  they 
can — I  presume  that  they  can.  I  am  willing,  however,  to  allow  a  little 
for  error.    I  have  known  mistakes  to  happen  in  very  good  families. 

If  no  objection  be  made,  I  move  a  reconsideration  of  the  motion  by 
which,  the  Secretary  was  instructed  to  read  the  minutes  from  a  well-bound 
book,  etc. 

'No  objection  being  made,  the  motion  for  reconsideration  was  received. 
Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
53,  N'ays  11,  as  follows : 

Yeas:  Messrs.  Beasley,  Eelden,  Bell,  Brasbear,  Brooks,  Coates,  Dale,  Evans, 
ExoD,  Gray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hawkins,  Hinds,  Hinkle, 
Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Houghton,  Hutchinson.  John- 
son, Kyle,  Langley,  Mallory,  Mason,  Matthews,  Merrick,  Misner,  Millsaps, 
Montgomery,  Murphy,  McCown,  McClure,  OHver,  Poole,  Portis,  Priddy,  Punt- 
ney,  Eawlings,  Eector,  Rounsaville,  Sams,  Samuels,  Scott,  Sims,  Smith,  Snyder, 
Walker,  Wilson,  White,  Wilhams,  Wyatt,  and  the  President — 53. 

Nays  :  Messrs.  Corbell,  Gypert,  Duvall,  Gantt,  Hicks,  Hoge,  Owen,  Eey- 
nolds,  Shoppach,  Yan  Hook,  and  Wright — 11. 

So  the  motion  to  reconsider  prevailed. 

The  question  then  recurring  upon  the  motion  that  the  Secretary  tran- 
scribe the  minutes  of  the  proceedings  of  the  Convention  into  a  well-bound 
book,  from  which  tbe  Journal  should  be  every  morning  read, 

Mr.  BHOOKS  moved  that  the  motion  lie  upon  the  table. 

The  question  was  taken,  upon  the  motion  to  lay  upon  the  table;  and 
the  motion  was  agreed  to. 

Mr.  GYPERT  desiring  that  the  Journal  be  corrected  so  as  to  show  the 
vote  upon  the  resolutions  introduced  by  Mr.  Matthews, 

The  PRESIDEJSTT  stated  that  the  correction  upon  the  official  record 
could  be  made  by  unanimous  consent. 

No  objection  being  made, 

The  correction  was  ordered  to  appear  upon  the  Journal. 
The  Journal  of  Saturday  was  then  approved. 
The  Journal  of  the  day  preceding  was  then  read  and  approved. 
During  the  reading  of  the  Journal, 

Mr.  HODGES,  of  Pulaski  [no  objection  being  made],  moved  that  in 

(  201  ) 


1868,] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Tuesday, 


Criminal  and  U.  S.  Court  at  Helena.— GENEKAL  DEBATE. 


reading  the  Journal,  the  Secretary  thereafter  omit  such  portions  thereof 
as  should  be  ordered  printed. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

CRIMINAL  AND  U,  S.  COURT  AT  HELENA. 

Mr.  SMITH.  I  have  received  a  letter  from  Thomas  B.  Hanley,  which  I 
desire  to  present  to  the  Convention ;  and  move  its  reference  to  the  Com- 
mittee on  the  Judiciary. 

Mr.  GAN'TT  called  for  the  reading  of  the  letter. 

The  SECRETARY  read  the  letter,  signed  by  Thomas  B.  Hanley,  of 
Phillips  County,  suggesting  the  necessity  of  establishing  quarterly  crimi- 
nal courts  at  Helena,  Phillips  County,  and  also  the  propriety  of  memorial- 
izing Congress  to  provide  for  sessions  of  the  United  States  Circuit  and 
District  Courts,  at  the  same  point. 

Mr.  KYLE.  If  the  reference  of  the  communication  to  the  Committee 
on  the  Judiciary,  is  proposed  with  a  view  to  base  legislation  upon  it,  I 
object  to  that  course.  If  this  Convention  is  to  be  converted  into  a  legisla- 
ture, and  we  are  to  stay  here  indefinitely,  instead  of  coming  up  to  the 
work  for  which  we  are  sent  here,  we  may  as  well  know  it  at  once.  I 
cannot  see  the  propriety  of  this  Convention  undertaking  to  legislate  upon 
subjects  which  properly  belong  to  the  Legislative  Department  of  the  State; 
and  I  hope  that  all  questions  of  that  character  will  be  given  the  go-by,  at 
once.  Let  us  get  to  work  in  good  time,  to  frame  a  constitution,  a  good 
one,  and  submit  it  to  the  people  for  their  ratification, — let  us  lessen  our 
expenses  ;  and  we  shall  do  the  people  of  the  State,  and  ourselves,  more 
good  than  by  attempting  what  belongs  to  the  State  Legislature.  A  meet- 
'ing  of  the  Legislature  will  take  place  as  soon  as  the  Convention  shall  rise 
and  the  Constitution  be  approved.  I  do  hope  it  will  be  settled,  at  once, 
that  these  are  subjects  over  which  we  have  no  proper  jurisdiction. 

Mr.  SMITH.  I  moved  the  reference  only  since  Mr.  Hanley  is  known  to 
be  one  of  the  ablest  lawyers  in  the  State,  and  his  suggestions- 
Mr.  KYLE.  I  doubt  not  the  ability  of  Mr.  Hanley.  I  know  him,  as  a 
lawyer,  by  reputation.  His  suggestions  may  be  perfectly  correct ;  we 
want  criminal  courts  at  the  most  populous  places  in  the  State ;  and  the 
people,  through  their  Legislature,  may  establish  them — 

The  PRESIDENT.  The  Chair  will  remind  gentlemen  that  the  only 
question  is  upon  the  reference. 

Mr.  MOJ^TGOMERY.  The  Committee  on  the  Judiciary  would  be  very 
glad  to  have  the  suggestions  of  all  the  lawyers  in  the  State ;  and  if  we  do 
not  approve  of  the  recommendations  contained  in  this  letter,  we  can  bury 
it,  easily  enough. 

Mr.  CYPERT.  This  is  not  a  letter  to  the  Convention,  but  to  a  member, 
(  202  ) 


Jan.  21st,]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [12tli  Day. 


3Iemorial  on  Appointment  of  Judiciary. 


in  his  private  character  :  and  he  can.  if  he  sees  proper,  take  it  to  the  Com- 
mittee on  the  Jucliciarv.  and  present  it  for  their  consideration.  I  cannot 
see  what  we  have  to  do  witli  it.  It  is  not  addressed  to  us  :  it  is  not  before 
us  in  any  way  whatever. 

Mr.  BEOOKS.  I  am  sorry  to  see  gentlemen  array  themselves  against 
the  right  of  petition.  I  think  the  proposed  reference  is  perfectly  legiti- 
mate. There  is  matter  contained  here,  which,  though  addressed  to  a 
member.  am')unts  to  a  memorial:  and  I  do  not  see  that  the  mere  techni- 
cality of  its  being  addressed  to  a  member  of  the  Convention,  rather  than, 
with  a  great  flourish  of  trumpets,  to  the  Convention,  makes  any  difler- 
euce.  If  the  Convention  really  desires  the  wisest  counsel  obtainable,  in 
regard  to  the  organization  of  the  judiciary,  I  can  see  no  well-founded  ob- 
jections to  our  receiving  all  the  light  we  can.  And  as  this  communication 
comes  from  the  east,  the  source  of  light,  I  hope  we  shall  have  it  referred. 

Mr.  ETYXiE.  This  is  neither  a  memorial  nor  a  petition  to  this  body.  It 
is  a  letter,  addressed  to  a  private  individual :  and  how  can  it  be  a  memorial 
or  petition  to  the  Convention?  It  cannot  be;  and  although  it  maybe 
good  in  itselt^ — I  don't  pretend  to  say  it  is  not, — yet  we  have  no  right  to 
consume  time,  here,  in  considering  a  paper  of  that  sort,  if,  in  the  beautiful 
language  of  my  friend  from  Phillips,  it  does  emanate  from  the  east,  the 
source  of  light :  — it  is  not  a  matter  for  us  to  consider, — it  is  not  at  all  ad- 
dressed to  us,  nor  by  implication  can  we  be  made  to  understand  that  it  is 
our  duty  to  take  it  into  consideration,  unless  so  addressed. 

The  cpaestion  was  taken  on  the  motion  to  refer  the  letter  to  the  Com- 
mittee on  the  Judiciarv :  and  the  motion  was  ao-reed  to. 

MEMORIAL  OX  APPOIXTMEXT  OF  JUDICIARY. 

The  PEESLDEXT  laid  before  the  Convention  the  following  memorial : 

JoxESBOEO,  Illixois.  January  13th,  1868. 
To  tJie  honorable  members  of  the  Constitutional  Convention  of  the  State  of  Arkansas, 
assembled  at  Zittle  Rock : 
Gentlemen  :  Although  reared  and  educated  in  Eastern  Pennsylvania  and 
^v"ew  Tork.  I  am  a  citizen  of  Arkansas  by  adoption;  but  at  present  exiled  from 
my  property  and  interests. — for  what  cause,  you  are  no  doubt  abundantly  able 
to  judge.  In  the  meeting  of  your  honorable  body  I  see  the  day-star  of  hope 
arise;  and  from  your  proceedings,  and  the  consequent  reconstruction  of  the 
State,  I  can  foresee  its  disenthralment  from  its  present  chaotic  condition  of  re- 
bellious anarchy.  The  deep  interest  I  feel  in  the  resurrection  of  the  State,  and 
the  development  of  its  resources;  must  he  my  excuse  for  addressing  you.  ]\Iy 
property  lies  in  the  northern  part  of  Greene  County,  in  the  judicial  circuit  com- 
posed of  Greene,  Craighead,  Poinsett.  St.  Erancis,  Mississippi,  and  ]\Ionroe ; — 
present  Judge,  Eerry  Hack.    I  cannot  say  for  other  circuits,  but  I  do  know 

(  203  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Tuesday, 


Memorial  on  Appointment  of  Judiciary.— GENEEAL  DEBATE. 


that  in  it  there  has  been  no  loyal  judiciary  tribunal  since  the  war,  and  no  Union 
man  could  obtain  impartial  justice.  I  hope  for  better  things,  as  the  result  of 
your  deliberations ;  and  I  hope  you  will  pardon  my  boldness  in  making  one 
suggestion  to  your  honorable  body  ;  that  is,  that  the  new  constitution  shall  pro- 
vide that  judges  shall  be  appointed  by  the  Executiye  of  the  State.  This,  in  my 
opinion,  is  the  only  means  that  will  insure  a  loyal  civil  tribunal"  in  each  cir- 
cuit. When  the  reign  of  terror  is  over,  and  law  and  order  shall  be  established, 
and  loyal  men  can  live  peaceably  in  the  State,  secured  in  their  rights  of  person 
and  property, — and  rebel  machination,  lawlessness,  and  crime  shall  no  longer 
rage  rampant  through  the  land, — I  shall  return  to  my  property,  and  aid,  to 
the  extent  of  my  humble  ability,  in  the  development  of  the  true  interests  of  the 
State,  whether  by  the  encouragement  of  loyal  and  enterprising  emigration,  or 
by  any  other  means  that  wise  and  good  men  may  suggest. 

With  high  hopes  of  the  beneficent  results  of  your  deliberations,  and  of  the 
future  of  downtrodden  Arkansas,  I  subscribe  myself,  gentlemen, 

Your  most  obedient  and  humble  servant, 

L.  Lamborn. 

Mr.  KYLE  moved  that  the  memorial  be  referred  to  the  Committee  on 
the  Judiciary. 

Mr.  DUYALL.  I  have  but  few  remarks  to  make  with  regard  to  that 
matter.  Jam  a  loyal  citizen,  and  hail  from  the  northeastern  portion  of 
the  State.  

Mr.  CYPERT  [in  Ms  seat']  The  same  circuit. 

Mr.  DUYALL.  From  the  same  circuit  with  the  gentleman  who  has 
addressed  this  communication  to  the  Convention.  And  I  must,  here,  to- 
day, with  all  honesty  and  candor,  denounce  the  assertions  made  in  that 
paper,  SiS  false. 

Mr.  DALE.  If  I  know  to  what  circuit  the  gentleman  refers,  I  also  am 
from  the  same  circuit. 

Mr.  CYPERT  [in  his  seat.-]  JSTo. 

Mr.  DALE.  I  will  go  on,  however,  to  say,  that  loyal  men  from  my 
circuit  will  fully  endorse  the  sentiments  expressed  in  that  memorial. 

Mr.  McCOWK  I  shall  oppose  any  reference  of  the  communication; 
and  my  reason  is  this.  I  presume  that  the  members  from  the  various 
counties  in  this  State  have  a  sufficient  knowledge  of  their  constituencies, 
and  their  surroundings;  and  that  we  will  not  require  any  memorials  from 
other  States,  informing  us  as  to  the  condition  of  Arkansas,  when  we  have 
upon  this  floor  the  representatives  of  every  county  in  the  State.  I  take 
this  course  from  principle.  I  know  nothing  of  the  facts  stated  in  this 
paper.  But  I  think  we  are  able  to  attend  to  our  business ;  and  if  we  can- 
not, we  had  better  go  home. 

Mr.  CYPERT.  I  have  the  honor  of  knowing  the  gentleman  in  ques- 
tion. I  know,  also,  the  inhabitants  of  the  District  to  which  he  refers.  I 
(  204  ) 


Jan.  21st.]  AEKAISTSAS  COjSTSTITUTIOIStAL  COXVENTIOI^".  [12tb  Day. 


Asylum  for  Deaf  Mutes — Keport  of  Committee  on  Exemption. 


know  that  all  loyal  men  get  justice  there:  but  there  are  some  men  that 
e^cftj^e  justice,  by  leaving  the  State:  and  they  do  not  come  back  unless 
they  can  be  protected  from  what  would  be  justice  to  them.  I  know  that 
in  that  District  the  laws  are  enforced  as  strictly  as  in  any  district  in  the 
State.  I  know  that  in  Grreene  County  the  law  is  enforced  ;  and  I  defy  any 
man  to  say  that  the  people  of  that  County  are  not  as  loyal,  in  sustaining 
the  laws  of  Arkansas,  and  of  the  United  States,  as  in  any  county  within 
our  borders. 

I  therefore  move  that  the  communication  be  laid  upon  the  table. 

Mr.  BROOKS.  The  motion  is  not  debatable;  but  I  certainly  hope  that, 
since  gentlemen  have  chosen  to  make  such  suggestions,  they  will  not,  after 
such  thrusts  have  been  made  and  such  tirades  indulged  in,  offer  any  mo- 
tion with  the  intention  to^cut  off  debate. 

Mr.  HICKS  [m  Us  seat, — to  Mr.  Cypert.]    Withdraw  it. 

Mr.  CYPEKT.  I  will  withdraw  the  motion,  if  the  gentleman  [Mr. 
Brooks]  wishes  to  make  any  remarks. 

The  PEESIDEjN'T.    It  is  too  late  to  withdraw  the  motion. 

The  question  was  taken;  and  the  motion  was  not  agreed  to. 
The  question  was  then  taken  on  the  motion  to  refer  the  Memorial  to 
the  Committee  on  the  Judiciary ;  and  the  motion  was  agreed  to. 

* 

ASYLUM  FOR  DEAF  MUTES. 

Mr.  MOI^TGOMERY  presented  a  communication  addressed  to  the 
Convention,  by  Professor  Mount,  Principal  of  the  Asylum  for  Mutes,  in 
Little  Eock,  eulogizing  the  Qitj  of  Little  Pock  for  its  assistance  rendered 
in  opening  that  institution  ^for  the  education  of  the  deaf  and  dumb,  and 
asking  the  aid  of  the  Convention  in  favor  of  the  charity. 

Mr.  HIj^DS  moved  that  the  communication  be  referred  to  the  Com- 
mittee on  Education. 

The  communication  was  so  referred. 

EXEMPTION  FROM  EXECUTION. 

Mr.  BEASLEY  presented  the  following 

EEPOET  OF  COMMITTEE  ON  EXEMPTIO^T  OF  EEAL  AND 
PEKSONAL  ESTATE. 

Your  Committee  on  Exemption  of  Eeal  and  Personal  Estate,  beg  leave  to 
report  the  following  : 

Section  One.  The  personal  property  of  any  resident  of  this  State,  to  the 
value  of  one  thousand  dollars,  to  be  selected  by  such  resident,  shall  be  exempted 

(  205  ) 


1868.] 


DEBATES  AKD  PEOCEEBINGS  OF  THE 


[Tuesday, 


Minority  Keport  of  Committee  on  Exemption. 


from  sale  on  execution,  or  other  final  process  of  any  court,  issued  for  the  col- 
lection of  any  debt  contracted  after  the  adoption  of  this  Constitution. 

Section  Two.  Every  homestead,  not  exceeding  one  hundred  and  sixty  acres 
of  land,  and  the  dwellings  and  appurtenances  thereon,  to  be  selected  by  the 
owner  thereof,  and  not  in  any  town,  city,  or  village,  or,  in  lieu  thereof,  at  the 
option  of  the  owner,  any  lot  in  a  city,  town  or  village,  with  the  dwellings  and 
a2)purtenances  therein,  owned  and  occupied  by  any  resident  of  this  State,  and 
not  exceeding  the  value  of  two  thousand  dollars,  shall  be  exempted  from  sale  on 
execution,  or  any  other  final  process  from  a  court,  from  any  debt  contracted 
after  the  adoption  of  this  Constitution  :  such  exemption,  however,  shall  not 
extend  to  any  mortgage,  lawfully  obtained ;  but  such  mortgage  or  other  alien- 
ation of  such  homestead,  by  the  owner  thereof,  if  a  married  man,  shall  not 
be  valid  without  the  signature  and  consent  of  the  wife  of  the  same. 

Section  Three.  The  homestead  of  a  family,  after  the  death  of  the  owner 
thereof,  shall  be  exempt  from  the  payment  of  any  debts  contracted  after  the 
adoption  of  this  Constitution,  unless  he  die  childless. 

Section  Four.  The  provisions  of  Sections  One,  Two  and  Three,  of  this  article, 
shall  not  be  so  construed  as  to  prevent  a  laborer's  lien  for  work  done  and  per- 
formed, for  the  persons  claiming  such  exemption,  or  a  mechanic's  lien  for  work 
done  on  tlie  premises,  or  as  to  interfere  with  claims  for  the  purchase-money  of 
such  real  estate. 

Section  Five.  If  the  owner  of  a  household  die,  leaving  a  widow,  but  no 
children,  the  home  shall  be  exempt,  and  the  rents  and  profits  thereof  shall 
inure  to  her  benefit. 

Section  Six.  The  real  and  personal  property  of  any  female  in  this  State,  ac- 
quired before  marriage,  and  all  property,  real  and  personal,  to  which  she  may 
afterward  be  entitled  by  gift,  grant,  inheritance  or  devise,  shall  be,  and  may 
remain,  the  separate  estate  and  property  of  such  female,  and  shall  not  be  liable 
for  any  debt,  obligation  or  engagement  of  her  husband,  and  may  be  devised 
or  bequeathed  by  the  same  as  if  she  was  a  feine-sole. 

Section  Seven.  The  homestead  shall  not  be  bequeathed,  by  will  or  other- 
wise, to  any  person  other  than  the  heirs  of  the  body  of  the  testator. 


Mr.  HINDS  moved  that  the  Report  be  laid  upon  the  table,  that  a  hun- 
dred copies  be  printed  for  the  use  of  members,  and  that  it  be  made  the 
special  order  for  Monday,  January  27th. 

Mr.  OWEI^^"  submitted  the  following 

MINOKITY  EEPOET  OF  THE  COMMITTEE  ON  EXEMPTION  OF  EEAL  AND 


To  the  President  and  Members  of  the  Constitutional  Cotivention  of  the  State  of 
Arkansas : 

The  undersigned,  a  minority  of  the  committee  to  whom  was  referred  the 


PEKSONAL  ESTATE. 


(  206  ) 


Jan.  21st.]  AEKAKSAS  CONSTITUTIONAL  CONTENTION.  [12th  Day. 


Eeport  of  Committee  on  Boundaries. 

Exemption  of  Real  and  Personal  Estate,  begs  leave  to  submit  the  following- 
Report,  viz. : 

That  although  he  is  in  favor  of  a  judicious  system  of  exemption  laws,  and 
would  not  oppose  such  when  emanating  from  the  proper  source,  yet  believing 
it  to  be  a  subject  of  purely  legislative  cognizance,  and  that  this  Convention  has 
no  jurisdiction  of  such  matters,  he  therefore  recommends  the  passage  of  the 
following  resolution  : 

Resolved:  That  this  Convention  take  no  action  upon  the  subject,  and  that 
the  committee  be  discharged  from  the  further  consideration  thereof 

Thomas  Owen. 

Mr.  HODGES  moved  to  amend  the  motion  before  the  Convention,  by 
providing  that  the  two  Reports  be  laid  upon  the  table,  that  a  hundred 
copies  of  each  be  printed,  and  that  the  two  be  made  the  special  order  for 
Monday,  January  27th. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

BOUNDARIES, 

Mr.  BROOKS  moved  that  the  rules  be  suspended,  to  enable  the  Con- 
vention to  take  up  the  special  order  of  the  day ;  but  withdrew  his  motion 
to  allow 

Mr.  WILSON"  to  submit  the  following 

REPORT  OF  COMMITTEE  ON  BOTHSTDARIES. 
The  Committee  on  Boundaries  beg  leave  to  report  the  following : 

Section  One.  The  boundaries  of  this  State  are  established  and  declared  to 
be  as  follows — that  is  to  say  :  Beginning  in  the  middle  of  the  Mississippi  River 
on  the  parallel  of  thirty-six  degrees  north  latitude,  to  St.  Francis  River;  thence 
up  the  main  channel  of  said  river  to  the  parallel  of  thirty-six  degrees  and  thirty 
minutes,  north,  from  the  west  to  the  southw^est  corner  of  the  State  of  Missouri ; 
and  from  thence  to  be  bounded  on  the  west  to  the  north  bank  of  Red  River, 
as  by  Acts  of  Congress  of  the  United  States  and  the  treaties  heretofore  defin- 
ing the  western  limits  of  the  Territory  of  Arkansas ;  and  to  be  bounded  on  the 
side  of  Red  River  by  the  boundary  line  of  the  State  of  Texas  to  the  northwest 
corner  of  the  State  of  Louisiana;  thence  east  with  the  Louisiana  State  line  to 
the  middle  of  the  main  channel  of  the  Mississippi  River;  thence  up  the  middle 
of  the  main  channel  of  said  river  to  the  thirty-sixth  degree  of  north  latitude, 
the  point  of  beginning;  these  being  the  boundaries  of  the  State  of  Arkansas  as 
defined  by  the  Constitution  thereof. 

Section  Two.  The  General  Assembly  may  by  a  vote  of  two-thirds  of  both 
houses  thereof,  arrange  and  designate  boundaries  for  the  several  counties  of 
this  State,  which  boundaries  shall  not  be  altered  except  by  a  like  vote ;  bnt  no 
new  counties  shall  be  hereafter  formed  of  less  extent  than  six  hundred  square 

(  207  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Keport  of  Committee  on  Organization  of  Government  of  Cities  and  Villages. 


miles,  and  no  existing  county  shall  be  reduced  to  less  extent  than  six  hundred 
square  miles. 

Section  Three.  And  no  new  county  shall  be  formed  which  does  not  contain 
a  sufficient  number  of  inhabitants  to  entitle  it  to  one  Eepresentative,  under  the 
ratio  of  representation  existing  at  the  time  of  its  formation,  or  unless  the 
county  or  counties  from  which  it  is  taken  shall  be  left  with  the  required  num- 
ber of  inhabitants  entitling  such  countj^  or  counties  to  separate  representation. 

Ira  L.  Wilson, 
Chairman  Committee  on  Boundaries. 

Mr.  HII^DS  moved  that  the  Report  be  laid  upon  the  table,  that  a  hun- 
dred copies  be  printed  for  the  use  of  members,  and  that  it  be  made  the 
special  order  for  Tuesday,  January  28th. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

ORGANIZATION  AND  GOVERNMENT  OF  CITIES  AND  VILLAGES. 

Mr.  GEE Y,  of  Phillips,  submitted  the  following 

EEPOET  OF  COMMITTEE  ON  ORGANIZATION  OF  GOVEENMENT  OF 
CITIES  AND  VILLAGES. 

Your  Committee  on  the  Organization  of  Government  of  Cities  and  Yillages 
beg  leave  to  submit  the  following  Eeport : 

The  General  Assembly  shall  provide  for  the  organization  of  cities  and  incor- 
porated villages,  by  general  laws,  and  restrict  their  power  of  taxation,  assess- 
ment, borrowing  money,  contracting  debts,  and  loaning  their  credit,  so  as  to 
prevent  the  abuse  of  such  power. 

The  foregoing  Section  being  the  Forty-seventh  Section  of  the  Eeport  on 
Legislative  Department,  therefore,  we,  your  Committee,  respectfully  submit, 
that  the  organization  and  government  of  cities  and  villages  shall  continue 
under  their  present  charters  and  acts  of  incorporation,  except  so  far  as  they 
may  conflict  with  the  organic  law  that  shall  be  formed  by  this  Convention  and 
ratified  by  the  people  of  the  State  of  Arkansas. 

And  it  is  further  provided:  That  said  cities  and  villages  shall  be  required  to 
hold  elections  to  fill  such  oflic'es  as  are  provided  under  their  charters  or  acts  of 
incorporation,  at  such  times  and  places  as  may  be  specified  for  the  submission 
of,  and  vote  upon,  the  new  Constitution,  by  the  people,  for  their  ratification. 

And  that  all  registered- voters  qualified  to  vote  on  the  ratification  of  the  new 
Constitution,  shall  be  qualified  to  vote,  in  such  elections,  for  officers  of  the 
several  cities  and  villages  organized  under  any  act  or  acts  of  the  Legislatures 
of  the  State  of  Arkansas. 

W.  H.  Grey, 

Chairman  Committee  on  Organization  of  Government  of  Cities  and  Yillages. 

(  208  ) 


Jan.  21st.]  AEKAXSAS  COXSTITrTIOXAL  COXTEXTIOX.  [12th  Day. 


Expenses  of  ConYention.— BEOOKS— McCLUEE. 

Mr.  HIXDS  moved  that  the  Eeport  be  laid  upon  the  table:  that  one 
hundred  copies  be  printed  for  the  use  of  members:  and  that  it  be  made 
the  special  order  for  Tuesday,  January  2Sth. 

The  question  was  taken :  and  the  motion  Avas  agreed  to. 

EXPENSES  or  THE  COXVEXIIOX. 

Mr.  BEOOKS  renewed  his  motion  that  the  rules  be  suspended,  to 
enable  the  Convention  to  take  up  the  special  order  of  the  day.  being  the 
consideration  of  Ordinance  So.  1."''  entitled  '-An  Ordinance  raising  reve- 
nue for  the  purpose  of  defraying  Expenses  of  Constitutional  Convention:" 
which  was  read  a  second  time. 

Mr.  McCLL^EE.  I  desire  to  amend  by  striking  out,  in  the  12th  line  of 
the  Ordinance,  as  printed,  after  the  word  "  payable, the  words  on  the 
first  dav  of  June,  one  thousand  eight  hundred  and  sixty-eight,'" and  in- 
serting, instead  thereof,  the  words  out  of  any  funds  arising  from  taxes 
collected  on  the  assessment  of  eighteen  hundred  and  sixty-eight.'" 

The  question  was  taken:  and  the  amendment  was  agreed  to. 

Mr.  McCEL'EE.  The  Ordinance,  as  originally  introduced,  required  an 
assessment  of  one-half  per  cent,  on  the  taxable  property  of  the  State :  but 
the  Committee,  after  examination,  came  to  the  conclusion  that  a  tax  of 
one-fourth  of  one  per  cent.,  upon  the  taxable  property  of  the  State,  would 
produce  the  amount  necessary  for  the  payment  of  the  expenses  of  the 
Convention.  The  taxable  property  of  Arkansas  for  the  year  1867.  was  a 
little  more  than  forty-three  millions.  The  proposed  assessment  will  take 
place  upon  the  value  of  taxable  property  for  the  year  1868.  ^Ve  cannot 
expect  to  base  our  levy  of  this  year  upon  an  estimate  of  value  equa^  to 
that  of  last  year.  The  present  financial  condition  of  the  country  does  not 
warrant  such  an  expectation.  In  1867, — to  give  the  figures  more  accu- 
rately,— the  valuation  of  real  property  in  the  Srate  amounted  to  828,897.- 
893.  I  think  it  fair  to  suppose  that,  in  the  present  year,  the  taxable  real 
property,  alone,  of  the  State,  will  be  reduced  one-fifth  :  which  will  leave 
it  823,118,31-i.  I  think  it  fair  to  assume,  the  taxable  personal  property  of 
the  same  year  having  been  814,448,946,  that  there  will  be  a  falling  olf  of 
at  least  one-half  that  amount,  if  not  more:  which  will  leave  87,224,473. 
as  the  personal  property  subject  to  assessment  in  the  year  1868.  The  two 
sums,  added  together,  make  a  grand  total,  for  the  present  year,  of  830.342.- 
787:  which  will  aflord.  by  a  tax  of  one-fourth  of  one  per  cent.,  and  pre- 
suming there  will  be  no  delinqueneies,  the  amount  of  §75,856.97. 

I  submit  these  figures.  I  insist  that  we  pass  the  Ordinance  to-day — that 
it  now  take  a  second  reading,  and  then  receive  at  once  its  final  passao:e  : 
for  there  are  gentlemen  here,  to-day,  without  money  and  without  friends 

U  .  (  209  ) 


1868.]  DEBATES  AND  PEOCEEDHSTGS  OF  THE  [Tuesday, 


Expenses  of  Convention.— HODGES  of  Pulaski— KYLE— CYPERT. 


at  hand;  and  unless  the  Convention  take  some  action,  poverty  itself  would 
compel  these  men  to  return  to  their  homes,  and  thereby  retard  the  action 
of  the  Convention. 

Mr.  HODGES,  of  Pulaski.  I  move  that  the  rules  be  suspended,  and 
that  the  Ordinance  be  placed  upon  its  passage. 

Mr.  CYPEET.  I  desire  to  offer,  as  an  amendment,  an  additional  sec- 
tion, as  follows : 

Provided:  That  the  Auditor  shall  not  be  required  to  issue  his  warrant  upon 
the  Treasury,  for  any  expenses  of  this  Convention,  other  than  the  per  diem  pay 
of  all  members  and  officers  of  this  Convention,  until  the  same  shall  be  specially 
ordered  paid  by  this  Convention. 

The  PRESIDEOT.  There  is  a  motion  before  the  Convention,  to  sus- 
pend the  rules. 

Mr.  HODGrES,  of  Pulaski.  I  withdraw  the  motion  for  the  suspension 
of  the  rules. 

The  PEESIDEi^T.  The  motion  to  suspend  the  rules  being  withdrawn, 
the  amendment  of  the  gentleman  from  White  [Mr.  Cypert]  will  be  enter- 
tained. 

Mr.  KYLE.  I  move  to  amend,  by  inserting  before  the  words  per  diem," 
the  words  "mileage  and;"  so  that  that  portion  of  the  Ordinance  will  read, 
mileage  and  per  diem. 

Mr.  CYPEET.    I  accept  the  amendment. 

Mr.  HODGES,  of  Pulaski.  I  move  to  amend  so  as  to  cover  all  the 
expenses  of  this  Convention. 

Mr.  CYPEET.  The  amendment  places  the  matter  exactly  as  it  is  in 
the  original  Ordinance.  I  will  state  the  object  I  have  in  view.  There 
wilj  be  accounts,  no  doubt,  for  stationery,  and  other  materials,  procured 
for  the  use  of  the  Convention  ;  and  this  Ordinance  provides  for  the  pay- 
ment of  all  those  accounts  upon  the  mere  certificate  of  the  Secretary  and 
President.  I  think  this  Convention  is  capable  of  auditing  all  such  claims, — 
of  ascertaining  whether  or  not  they  are  correct ;  and  the  Auditor  should 
not  be  required  to  issue  warrants  for  fuel,  stationery,  and  other  materials 
famished,  on  the  order  of  these  two  officers.  The  President  and  Secre- 
tary may  not  know  all  the  materials  that  have  been  furnished.  Some 
members  may  have  procured  materials,  or  had  them  procured  for  their 
use,  which  are  not  within  the  knowledge  of  these  gentlemen.  If  the  ac- 
counts are  audited  by  the  Convention  itself,  there  will  be  an  opportunity 
to  include  all  these  matters.  The  officers  might  not  know  of  them,  and 
consequently  might  not  provide  for  the  payment. 

Mr.  McCLUEE.    I  would  suggest  that  there  is  but  one  person  in  this 
body,  officer  or  member,  that  is  authorized  to  incur  any  expenses  of  this 
kind  ;  that  person  is  the  Secretary  of  the  Convention.    If  any  articles  are 
(  210  ) 


Jau.  21st.]  AEKAXSAS  COXSTITrTIOXAL  COXVEXTIOX.  [12th  Day, 


Expenses  of  Convention.— XcCLUEE—CTPEET—BEOOKS. 


necessary  for  the  use  of  the  Convention,  those  articles  must  come  through 
that  officer's  hands.  He  alone  can  certify.  Members  have  no  right  to 
ptirchase  anything  for  the  nse  of  the  Convention.  Believing  tlie  Secre- 
tary to  he  competent,  faithful,  and  honest.  I  see  no  necessity  for  taking 
up  the  time  of  the  Convention  in  auditing  accounts  of  which  they  have 
no  knowledge  whatever.  Suppose,  sir,  that  the  Secretary,  under  the  in- 
structions of  the  Convention,  has  contracted  for  his  stationery,  and  brought 
it  in  for  the  use  of  the  members:  that  his  action  be  submitted  to  the  Con- 
vention, and  they  refuse  to  audit  his  account.  The  result  is,  that  the 
Secretary  himself  is  made  responsible,  although  his  action  was  taken,  in 
good  faith,  upon  the  order  of  the  Convention.  I  want  to  know  if  it  is  a 
proper  mode  of  proceeding,  that  a  body  like  this  shall  turn  itself  into  an 
auditor's  office,  for  the  purpose  of  examining  accounts,  and  spend  in  that 
way  a  day's  time  of  the  Convention,  the  daily  expenses  of  which  are  fifteen 
hundred  dollars.  It  might  save  four  or  five  hundred  dollars,  possibly,  and 
spend  fifteen  hundred  dollars  in  the  operation. 

Mr.  CITPEET.  I  did  not  understand  that  the  Secretary  was  the  sole 
purchaser  for  the  Convention.  I  believe  fuel  is  furnished  by  the  Door- 
keeper. 

Mr.  McCLURE.  T\'ood  and  gas  are  furnished  by  the  State.  That 
expense  is  paid  for  already. 

Mr.  CYPEET.  Still,  if  the  Secretary  had  been  ordered  to  furnish  fuel, 
there  is  no  definite  amount  ordered.  If  the  Secretary  is  indefinitely 
authorized  to  purchase  stationery,  we  ought  to  see  what  amount  is 
accounted  for. 

The  PEESIDEXT.  The  question  is  upon  the  amendment  to  the  amend- 
ment, viz.,  that  the  Ordinance  shall  provide  for  the  payment  of  all  other 
legitimate  expenses  of  the  Convention. 

The  question  was  taken  :  and,  a  division  being  called  for,  the  amend- 
ment to  the  amendment  was  agreed  to, — Ayes  39,  Xoes  13. 

The  question  then  recurring  upon  the  amendment  as  amended, 
Mr.  BEOOKS  moved  that  it  be  rejected. 

After  some  discussion  as  to  the  attitude  of  the  question  before  the 
Convention, 

Mr.  BROOKS  said. — Erom  no  disrespect  to  the  mover  of  the  amend- 
ment, but  because,  as  is  apparent  to  all,  the  amendment  as  amended  will 
fail  to  reach  the  object  proposed  by  its  mover,  I  propose  to  reject  it.  as  it 
now  stands. 

The  question  was  taken  upon  the  motion  to  reject  the  amendment  as 
amended:  and  the  motion  was  agreed  to. 

Mr.  HODGES,  of  Pulaski.  I  renew  the  motion  that  the  rules  be  sus- 
pended and  the  ordinance  be  passed  to  a  third  reading. 

(  ^11  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Tuesday, 


Expenses  of  Convention.— HODGES— DUVALL—GANTT—BKOOKS— SAMS.  / 


The  question  was  taken ;  and  the  motion  was  agreed  to. 
So  the  rules  were  suspended,  and  the  Ordinance  was  read  a  third  time. 
The  question  was  then  taken  upon  the  final  passage  of  the  Ordinance ; 
and  it  was  decided  in  the  affirmative — Yeas  56,  'Nays  10,  as  follows : 

Yeas  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Dale, 
Evans,  Exon,  Grray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins, 
Hinds,  Hinkle,  Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Houghton, 
Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Matthews,  Merrick, 
Misner,  Montgomery,  Millsaps,  Murphy,  McCown,  McClure,  Oliver,  Poole, 
Portis,  Priddy,  Puntney,  Eawhngs,  Eector,  Eounsaville,  Sams,  Samuels,  Sarber, 
Scott,  Sims,  Smith,  Snyder,  Yan  Hook,  Wilson,  White,  Williams,  Wyatt,  and 
the  President — 56. 

'Nays  :  Messrs.  Cypert,  Duvall,  Gantt,  HickS;  Hoge,  Owen,  Eeynolds,  Shop- 
pach,  Walker,  and  Wright — 10. 

So  the  Ordinance  was  passed. 
Pending  the  call  of  the  roll : 

Mr.  DUVALL  (when  his  name  was  called)  said  :  An  ordinance  having 
been  introduced,  asking  another  department  of  the  Government  of  the 
State  to  suspend  the  tax  of  1868,  I  vote  against  this  one,  not  wishing  to 
consent  to  the  levying  of  any  more  taxes. 

Mr.  GAl^TT  (when  his  name  was  called)  said :  I  desire  to  present  my 
reasons  for  voting  against  the  Ordinance.  [Mr.  Gantt  then  sent  to  the 
Secretary's  desk  the  following  statement,  which  he  asked  to  have  entered 
upon  the  Journal.] 

I  vote  Nay,  for  the  following  reasons  : 

First,  The  people  of  the  State  of  Arkansas  are  not  able,  in  my  opinion,  to 
pay  an  additional  tax. 

Second,  There  is  now  in  the  Treasury  of  the  State  a  sufficient  amount, 
gathered  by  taxation,  to  defray  the  expenses  of  this  Convention. 

.  E.  S.  Gantt. 

Mr.  BROOKS.  I  hope  the  gentleman  will  be  permitted  to  place  himself 
in  that  attitude;  for  he  voted,  the  other  day,  against  paying  the  expenses 
of  the  Convention. 

[Cries  of  "Leave."] 

Mr.  SAMS.  Has  the  Convention  taken  into  consideration  the  question 
whether  or  not  we  can  reach  the  means  now  in  the  State  Treasury  ?  Is 
there  any  information  upon  that  point? 

The  PRESIDENT.  So  far  as  the  Chair  is  concerned,  he  has  no  infor- 
mation. 

Mr.  BROOKS.  I  do  not  know  whether  the  gentleman  was  present,  when 
the  resolution  was  offered,  contemplating  an  elfort  to  meet  the  expenses 
(  212  ) 


Jan.  21st.]  AEKANSAS  COXSTITUTIOXAL  COXYEXTIOX.  [12tb  Day. 


Expenses  of  Convention.— BEOOKS—GANTT— SAMS. 


of  the  Convention  from  funds  now  in  the  Treasury.  Subsequently,  in 
order  to  make  the  action  authoritative,  and  to  obtain,  if  possible,  a  deci- 
sive response  from  the  General  commanding  the  District,  an  Ordinance 
was  presented  and  adopted,  providing  for  the  payment  of  the  expenses, 
and  the  sum  of  seventy-five  thousand  dollars  was  appropriated  out  of 
funds  now  in  the  Treasury;  and,  as  I  understand  it,  that  Ordinance  needs 
only  the  approval  of  the  military  commander  of  the  District.  With  that 
approval,  we  can  go  forward  and  meet  these  expenses  from  the  Treasury. 
It  will  be  remembered  that  on  the  yeas  and  nays  the  Opposition  voted 
against  the  proposition. 

The  PEESIDEis'T.  The  Chair  will  further  state  that  the  Ordinance  did 
not  provide  for  the  levying  of  a  tax.  The  Ordinance  now  before  the  Con- 
vention provides  for  the  levying  of  a  tax,  to  reimburse  the  Treasury  for 
the  amount  paid  out. 

Mr.  BROOKS.  The  situation,  as  I  understand  it,  is  this.  Suppose  we 
obtain  the  permission  of  the  commanding  General,  and  pay  from  the 
Treasury  the  amount  provided  for  by  this  Ordinance,  for  meeting  the  per 
diem,  mileage,  and  other  expenses  of  the  Convention.  In  case  we  shall 
be  able  to  reach  the  funds  in  the  Treasury,  this  levy,  to  be  made  next 
June,  will  come  in  to  reimburse  the  Treasury  for  the  amount  thus  drawn, 
and  will  be  collected, — as  I  understand  the  Ordinance,  without  having  had 
much  time  to  pay  attention  to  it — with  the  regular  tax.  It  does  not  pre- 
vent our  defraying  the  expenses  from  the  funds  in  the  Treasury,  provided 
those  funds  can  be  reached.  It  provides,  in  case  that  can  be  done,  that 
the  Treasury  shall  be  reimbursed,  at  a  time  when  the  circumstances  of 
the  people  will  render  them  better  able  to  meet  the  tax.  I  must  confess 
I  cannot  see  au}^  animal  with  one  head,  much  less  a  monster  with  seven 
heads  and  ten  horns,  in  this  proposition. 

Mr.  GA^TTT.  Reference  has  been  made  to  the  Opposition.  I  am  one 
of  the  two  gentlemen  who  have  been  starred  as  belonging  to  the  "  Opposi- 
tion     and  I  desire  to  set  myself  right.    I  am  opposed  to  any — 

The  PRESIDENT.  Gentlemen  will  remember  that  the  callino;  of  the 
roll  is  begun. 

Mr,  GAi^TT.  It  has  ;  but  remarks  have  been  made  and  I  certainly 
have  a  right  to  reply. 

The  PRESIDEi^T.  The  gentleman's  remarks  may  be  in  order,  but  they 
would  be  more  in  order  after  the  callino-  of  the  roll. 

Mr.  SAMS.  I  was  not  present  when  the  Ordinance  was  presented,  and 
did  not  understand  the  matter.  With  the  explanation  that  has  been  given, 
I  vote  Aye. 

Mr.  GAi^'TT.  I  would  ask  leave  to  make  a  statement.  [Cries  of 
''Leave."]  I  am  opposed,  on  principle,  to  paying  the  expenses  of  the 
Convention.    When  the  "proposition  was  before  us  to  have  the  money 

(  213  ) 


1868.]  DEBATES  AND  PEObEEDINGS  OF  THE  [Tuesday, 


Expenses  of  Convention.— GANTT— BE ASLEY—McCLUEE— MATTHEWS. 


taken  from  the  Treasury,  I  opposed  it.  If,  however,  we  are  to  be  paid,  I 
desire  that  we  should  be  paid  frota  that  fund,  and  not  from  ta^^ation,  which 
the  people  are  unable  to  bear. 

Before  the  vote  was  announced: 

Mr.  BEASLEY  said, — Before  the  result  of  the  vote  is  announced,  I 
wish  to  set  myself  right  before  the  Convention,  upon  that  matter.  I  voted 
aye,  and  as  you  will  discover,  that  is  the  way  the  majority  has  gone ;  and 
I  do  not  make  these  remarks  to  retard  the  progress  of  matters  at  all,  but 
simply  to  show  where  I  stand.  I  am  apprised  of  the  fact  that  the  Con- 
vention must  be  paid,  and  its  payment  must  be  provided  for  in  one  way 
or  other;  and  therefore  I  voted  Aye.  But  the  question  in  my  mind  is  that 
of  many  of  my  colleagues  here.  Will  it  take  seventy-five  thousand  dollars 
out  of  the  hands  of  the  people,  to  reimburse  the  Treasury  for  the  amount 
consumed  for  the  expenses  of  this  Convention?  This  has  been  a  trouble 
upon  my  mind.  If  it  will  take  this  sum,  I  am  willing  to  vote  for  it — and 
I  have  voted  for  it ;  but  if  not,  I  would  like  to  have  voted  in  some  other 
direction  so  as  simply  to  raise  the  amount  necessary.  I  see  that  other 
Conventions  are  appropriating  about  the  amount  of  forty  thousand  dollars 
for  the  payment  of  their  expenses,  while  here  we  are  proposing  to  raise 
seventy-five  thousand,  out  of  the  hard  earnings  of  the  people. 

Mr.  CYPERT.  One  hundred  and  seven  thousand,  according  to  this 
Ordinance. 

Mr.  BEASLEY.  But  as  regards  the  expenses  of  the  Convention,  it  is 
only  proposed  to  appropriate  seventy-five  thousand  dollars.  I  think  we 
are  trying  to  raise  too  much.  I  am  afraid  we  will  cause  the  Constitution 
to  be  voted  down.  I  am  a  reconstructionist  all  the  way  through.  I  am 
only  afraid  that  we  shall  load  down  our  Constitution,  in  such  a  way  that 
it  cannot  well  travel  when  it  comes  before  the  people.  I  don't  know  that 
I  could  change  my  vote,  satisfactorily  to  myself.  I  shall  therefore  let  it 
stand.  But  I  am  opposed  to  raising  a  dollar  more  than  is  necessary  for 
the  payment  of  the  expenses. 

The  PRESIDENT.  It  is  understood  that  all  these  remarks  of  gentle- 
men are  permitted  by  consent  of  the  Convention.    They  are  out  of  order. 

Mr.  McCLURE.  An  explanation  seems  necessary.  I  profess  to  be  a 
law-abiding  man.  The  Reconstruction  Acts  say,  in  positive  terms,  that 
the  tax  shall  be  laid.  I  am  not  disposed  to  bring  upon  myself  the  odium 
that  might  attach  to  a  revolutionist ;  and  I  am,  therefore,  in  favor  of  levy- 
ing a  tax. 

Mr.  MATTHEWS.    I  wish  to  adopt  the  explanation  of  the  member 
from  Columbia  [Mr.  Beasley]  ;  with  this  additional  explanation,  that  I 
shall  probably  desire  to  move  a  reconsideration.    I  have  voted  in  the 
affirmative  with  that  view. 
(  214  ) 

/ 


4 

Jan.  21st.]  AEKAXSAS  CONSTITUTIONAL  CONVENTION.  [12th  Day. 


Pay  of  Members  and  Officers— MALLOEY— HINDS— McCLUEE. 


Mr.  KYLE.  It  will  be  perfectly  proper  for  this  body,  when  we  shall 
bring  our  labors  here  to  a  close,  to  ascertain  approximately  the  amount 
which  tlie  Convention  will  cost  the  people  of  the  State.  We  cannot  get 
at  the  sum  precisely,  but  we  can  come  very  near  it;  and  when  we  find 
that  sevent37-five  thousand  dollars  is  too  much,  it  will  be  a  very  easy  mat- 
ter for  the  Convention  to  pass  a  supplementary  ordinance,  appropriating 
in  the  neighborhood  of  the  actual  amount  which  it  will  be  necessary  to 
collect  from  the  people,  to  defray  the  expenses.  Hence,  I  see  no  necessity 
of  consuming  time,  now,  in  the  consideration  of  the  subject.  For  if  we 
launch  out  in  the  open  field  of  legislation,  it  may  take  a  hundred 
thousand. 

The  vote  was  then  announced,  as  above. 

PAY  OF  MEMBERS  AND  OFFICERS. 

Mr.  MALLORY,  from  the  Committee  on  Salaries,  reported  the  fol- 
lowing 

ORDINANCE   REGULATING  THE  COMPENSATION  OF  MEMBERS  AND  OFFICERS  OF 
THE  CONSTITUTIONAL  CONVENTION. 

Be  it  ordained  by  the  people  of  Arkansas  in  Convention  assembled : 

Section  1.  That  the  per  diem  of  delegates  to  this  Convention  shall  be  eight 
dollars  per  day,  and  mileage  at  the  rate  of  one  day's  pay  for  each  twenty  miles 
travel  in  coming  to  and  returning  from  the  Convention,  the  distance  to  be 
computed  on  the  shortest  route  furnishing  public  transportation. 

Section  2.  The  President  shall  receive  sixteen  dollars  per  day,  the  Secretary 
twelve  dollars  per  day,  the  Assistant  Secretaries  eight  dollars  per  day  each, 
the  Chaplain  eight  dollars  per  day,  the  Sergeant-at-Arms  eight  dollars  per  day, 
all  Assistant  Sergeants-at-Arms  four  dollars  per  day,  the  Doorkeepers  four  dol- 
lars per  day  each,  the  Postmaster  four  dollars  per  day,  and  Pages  two  dollars 
per  day  each ;  and  mileage  at  the  rate  above  specified. 
Section  3.* 

Which  was  read  a  first  time. 

Mr.  HINDS  moved  that  the  Ordinance  be  referred  to  the  Committee  on 
Ordinances  and  Memorials. 

Mr.  McCLURE.  I  hope  the  Convention  will  not  defer  this  matter. 
For  the  passage  of  the  Ordinance  providing  for  the  levying  of  a  tax  is  in- 
dispensable, in  order  that  the  members  of  this  Convention  may  be  pro- 
vided with  some  means  by  which  they  may  pay  their  board-bills, — by 

*  Section  3  provided  that  the  payment  should  be  made  in  currency,  or  its  equivalent  in 
Treasury  warrants. 

This  section  was  stricken  out,  by  vote  of  the  Convention,  before  the  passage  of  the  Or- 
dinance, 

(  215  ) 


1868.]  DEBATES  AND  PEOCEEDHSTGS  OF  THE  [Tuesday, 


Pay  of  Members  and  Officers.— GENERAL  DEBATE. 


which  thej  may  subsist  in  this  city.  I  know  of  no  advantage  to  be 
gained  by  this  reference.  Stern  necessity  stares  them  in  the  face.  The 
Ordinance  provides  for  payment :  it  is  before  the  Convention.  If  mem- 
bers regard  the  pay  fixed,  as  too  high,  they  can  reduce  it.  If  the  Or- 
dinance were  sent  to  the  Committee,  and  reported  back,  it  would  then 
have  to  take  the  same  course  that  it  will  have  to  take  now.  Why  not 
take  up  the  matter,  and  dispose  of  it  at  once  ? 

Mr.  HINDS.  Being  informed  that  the  Ordinance  comes  from  the  Com- 
mittee on  Salaries,  I  withdraw^  my  motion. 

Mr.  MONTGOMERY.  I  move  that  the  Ordinance  be  re-referred  to 
the  Committee  on  Salaries. 

Mr.  HOLLIS.  I  move  that  the  word  "  eight"  be  stricken  out,  and  "ten  " 
inserted,  so  far  as  applies  to  the  per  diem  of  delegates. 

The  PRESIDENT.  There  is  a  question  already  before  the  Convention, 
upon  the  motion  to  re-refer  the  Ordinance  to  the  Committee  on  Salaries. 

Mr.  MONTGOMERY.  I  will  state  the  reasons  for  my  course.  I  believe 
it  requires  about  as  much  to  subsist  an  Assistant  Sergeant-at-Arms  as  a 
Sergeant-at-Arms ;  and  the  idea  of  making  the  salary  of  an  officer  whom 
the  Convention  has  voted  to  be  necessary  to  the  transaction  of  our  busi- 
ness, at  the  pitiful  sum  of  four  dollars  per  day,  at  this  time,  I  think  is 
entirely  wrong. 

A  MEMBER  [in  his  seat].  It  can  be  amended  here. 

Mr.  MONTGOMERY.  It  may  be  amended  here,  and  it  may  not  be 
amended  here. 

The  question  was  then  taken  on  the  motion  to  refer  back  the  Ordinance 
to  the  Committee  on  Salaries ;  and  the  motion  was  not  agreed  to. 

Mr.  WILSON.  I  move  to  strike  out  the  word  "  eight,"  wherever  it 
occurs,  and  insert  "  six." 

The  question  was  taken ;  and  the  amendment  was  rejected. 

Mr.  HOLLIS  renewed  his  motion  to  amend  by  striking  out  "  eight,"  so 
far  as  related  to  the  per  diem  of  delegates,  and  inserting  "  ten." 

Mr.  MALLORY.  As  the  Chairman  of  the  Committee  on  Salaries,  I 
would  say  that  the  per  diem  named  in  the  Ordinance  was  that  adopted  after 
extensive  consultation  with  difierent  delegates.  Some  advocated  ten 
dollars  per  day,  on  the  ground  that  we  might  be  paid  in  Treasury  warrants, 
and  that  these  would  have  to  be  sold  at  a  discount.  On  that  account  we 
inserted  the  clause  which  provides  for  a  payment  in  currency  ''or  its 
equivalent."  The  Committee,  in  making  the  Report,  took  into  consider- 
ation the  fact  that  most  of  the  Conventions  which  have  assembled  have 
adopted  eight  dollars  as  the  per  diem  pay  of  members;  while  but  one  or 

'     {  216  ) 


Jan.  21st.]  AEKAIS^SAS  CO^^STITUTIO^^AL  CONYETnTTIOX.  [12th  Day. 


Pay  of  Members  and  Officers.— GENERAL  DEBATE. 


two  have  raised  it  as  high  as  ten  dollars.  The  curtaihiient  of  our  expenses 
has  been  so  earnestly  advocated,  that  the  Committee  believe,  and  I  now 
believe,  that  we  can  afford  to  perform  our  work  at  eight  dollars  per  day. 

The  question  was  taken  on  the  motion  to  amend  by  striking  out 
"  eight,"  and  inserting  "ten,"  as  the  daily  pay  of  delegates;  and  the  amend- 
ment was  rejected. 

Mr.  MOOTGOMERY.  I  move  that  where  "  four"  dollars  occurs  as  the 
daily  pay  of  the  Assistant  Sergeant-at-Arms  and  Doorkeepers,  "  eight  dol- 
lars" be  inserted  in  its  stead;  and  where  "two  dollars  per  day"  to  the 
Pages  occurs,  "four  dollars"  be  inserted. 

The  question  was  taken ;  and  the  amendment  was  adopted. 

Mr.  HODGES,  of  Pulaski.  I  move  to  amend  the  last  clause  by  striking 
out  the  words  "or  its  equivalent."  I  prefer  that  plan,  for  this  reason. 
Members  might  take  no  pains  whatever  to  dispose  of  their  Treasury  war- 
rants upon  the  best  terms;  and  the  Ordinance,  as  now  framed  in  that 
respect,  leaves  an  opening  for  any  amount  of  claims  for  additional  pay. 
Who  is  to  be  a  judge  of  this  matter  ?  I  am  certain  I  do  not  know  the  value 
of  the  warrants.  I  think  it  would  be  better  to  fix  that  value  at  some  price 
or  other.  If  eight  dollars  is  not  enough,  we  might  better  put  the  pay  at- 
ten;  but  if  it  is  enough,  say  so,  and  done  with  it. 

Mr.  HOLLIS.  If  paid  in  Treasury  warrants,  we  should  not  get  more 
than  six  dollars,  or  six  and  a  half,  at  most. 

Mr.  BROOKS.  Perhaps  it  is  not  necessary  to  enter  into  a  discussion  of 
this  question.  I  am  thoroughly  convinced  that  the  amendment  is  very 
necessary,  and  will  be  found  so  whenever  w^e  shall  come  to  a  practical 
adjustment  of  the  matter — indispensable,  indeed,  in  order  to  prevent 
occurrences  which  we  hope  may  be  avoided.  I  trust  the  amendment  will 
prevail. 

The  question  was  then  taken  upon  the  amendment  striking  out  the 
words  "its  equivalent;"  and,  a  division  being  called  for,  the  amendment 
was  rejected, — Ayes  28,  Noes  31. 

After  the  President  had  put  the  cjuestion,  and  before  the  vote  was  taken, 

The  yeas  and  nays  were  asked. 

But,  the  vote  proceeding,  and  the  result  having  been  announced, 
Mr.  HODGES,  of  Pulaski,  renewed  the  call  for  the  yeas  and  nays. 
The  PRESIDEi^T.  The  Chair  is  of  opinion  that  the  call  comes  too  late. 
Mr.  GREY,  of  Phillips.    Would  the  Treasury  warrants  be  an  equiva- 
lent for  currency  ? 

A  MEMBER  [in  his  seaf].  ^ot  quite. 

Mr.  GREY,  of  Phillips.    Then,  we  see  it  and  we  don't  see  it.    If  what 

(  217  ) 


1868.] 


DEBATES  A^^TD  PEOCEEDINGS  OF  THE  [Tuesday, 


Pay  of  Members  and  Officers.— GENEKAL  DEBATE. 


we  are  to  receive  is  the  same  as  the  currency  of  the  country,  let  us  know 
it;  if  not,  let  us  know  it. 

Mr.  HODGrES,  of  Pulaski.  We  are  simply  in  an  unfortunate  position, 
if  the  pay  does  not  come  in  currency.  But  to  undertake  to  provide  that 
in  that  case  we  shall  receive  the  "  equivalent"  in  Treasury  warrants,  is 
leaving  open  too  wide  a  door.  If  eight  dollars  a  day  is  not  enough, — and 
"  chance  it," — let  us  raise  the  pay.   I  am  in  favor  of  eight  dollars  per  day. 

Mr.  HOLLIS.  I  would  like  to  hear  a  reason  for  the  proposed  amend- 
ment. It  seems  to  me  that  "  too  wide  a  door  is  left  open"  by  striking  out 
the  provision  for  an  equivalent. 

Mr.  LANGLEY.  If  that  be  stricken  out,  we  might  not  get  four  dollars 
per  day. 

Mr.  HODGES,  of  Pulaski.  I  will  talk  a  little  more  plainly.  Leaving 
the  Ordinance  as  it  stands,  is  a  bid  for  fraud.  A  gentleman  may  go  and 
dispose  of  his  warrants,  and,  without  any  intention  of  fraud,  may  be  led 
to  sell  them  at  so  Iowa  price  that  he  shall  return  to  the  Treasurer  and  ask 
for  thirty  dollars,  for  his  eight.  Who  is  to  decide  ?  I  believe  the  word  of 
every  gentleman  is  good ;  but  this  is  rather  too  large  a  temptation  to  put 
in  the  way  of  any  man. 

Mr.  BEASLEY.  For  much  the  same  reason  for  which  the  gentleman 
on  the  other  side  of  the  hall  [Mr.  Hodges]  argues  in  favor  of  the  amend- 
ment, I  oppose  the  striking  out  of  the  words  "  or  its  equivalent."  The 
great  reason  for  pressing  forward  this  measure  is,  that  members  here  can- 
not be  retained  in  their  boarding-houses  much  longer,  for  want  of  means. 
By  the  amendment  as  proposed,  you  give  them  eight  dollars  per  day  in 
Treasury  warrants,  the  worth  of  which  is  known  to  no  gentleman  here. 
That  affords  an  opportunity  for  speculation,  to  any  man,  to  any  extent  he 
may  choose,  upon  the  necessities  of  members  of  the  Convention.  Some 
man  may  be  here  to-day,  who  intends  to  buy  up  these  Treasury  warrants. 
You  cannot  buy  me  out ;  I  have  enough  money  in  my  pocket  to  pay  my 
way,  and  go  home.  [Laughter.]  But  I  think  this  plan  opens  a  door  for 
quite  as  great  a  fraud  as  the  retention  of  the  words  "  or  its  equivalent." 

Mr.  CYPERT.  I  can  only  answer,  by  way  of  sustaining  the  gentleman 
from  Pulaski  [Mr.  Hodges],  in  a  portion  of  the  Lord's  Prayer, — "  Lead  us 
not  into  temptation!" 

Mr.  LAE'GLEY.  Suppose  we  say,  eight  dollars  per  day  in  currency,  or 
ten  dollars  per  day  in  Treasury  warrants.    I  move  that  amendment. 

Mr.  HODGES,  of  Pulaski.  I  now  rise  to  a  point  of  order-^ — whether  the 
amendment  offered  by  the  gentleman  from  Clark  [Mr.  Langley]  is  in 
order. 

The  PRESIDEi^T.   The  Chair  will  observe  that  the  amendment  of  the 
gentleman  from  Clark  will  properly  come  in  when  the  section  relating  to 
the  per  diem  of  members  shall  come  before  the  Convention. 
(  218  ) 


Jan.  21st.]  AEKA^^SAS  CO^^STITUTIO^^AL  COXyE:^rTIOX.  [12th  Day. 


Pay  of  Members  and  Officers.— MONTGOMEET—HOLLIS—BEOOKS— WILLIAMS. 


Mr.  HODGES,  of  Pulaski.  The  gentleman  from  Columbia  [Mr.  Beas- 
ley]  and  myself  no  doubt  perfectly  agree.  You  may  take  either  horn  of 
the  dilemma.  Whicb  will  put  us  most  in  the  hands  of  moneyed  men  ?  If 
we  are  to  issue  indiscriminately,  it  is  a  bid  to  them  to  stand  aloof,  and, 
possibly,  render  the  warrants  worthless.  But  if  only  a  reasonable  amount 
issue,  what  every  man  has  in  bis  pocket  will  actually  be  worth  more  money 
than  if  the  plan  of  an  equivalent"  had  been  followed.  I  think  the  gen- 
tleman will  perfectly  agree  with  me, — if  he  will  think  of  the  question  a 
little, — that  the  amendment  will  not  practically  put  into  the  hands  of 
members  any  more  money,  but,  on  the  contrary,  will  have  the  effect  of 
depreciating  their  pay.  Of  one  thing  I  am  sure ;  if  we  w^ere  going  to  issue 
in  accordance  with  the  ordinary  financial  policy  by  w^hich  individuals  gov- 
ern their  business  action,  we  would  take  no  such  course;  and  I  certainly 
believe  in  doing  for  the  Convention  as  we  would  do  for  ourselves. 

The  PRESIDEIS^T.  The  gentleman  from  Clark  [Mr.  Langlet]  will 
understand  that  I  did  not  decide  his  amendment  as  being  out  of  order  if 
presented  at  the  proper  time.    It  is  out  of  order  at  present. 

Mr.  MOi^"TGOMERY.  I  am  opposed  to  receiving  "  equivalents."  I 
w^ant  the  pay  straight  out,  or  not  at  all.  I  do  not  wish  to  have  it  charged 
on  me  that  I  undertook  any  such  operation.  I  propose  to  sustain  the 
motion  to  strike  out.  If  any  gentleman  will  move  to  make  the  pay  nine 
or  ten  dollars  per  day,  I  will  vote  for  it.  I  do  not  propose  to  go  to  the 
Treasurer  to  get  the  warrants  shaved.  I  propose  to  take  them  at  my  own 
risk ;  and  others  may  do  the  same.  One  man  might  claim  that  the  equiv- 
alent is  twenty  or  fifty  per  cent,  additional;  and,  without  any  settled  per- 
centage of  increase  upon  the  amount  of  currency,  I  would  like  to  know 
how  the  Auditor  is  going  to  know  for  what  sum  to  issue  his  warrants. 

Mr.  HOLLIS.  I  move  to  amend  by  making  the  per  diem  ten  dollars, 
we  taking  the  pay  in  whatever  we  can  get. 

Mr.  BEOOKS.  I  Would  simply  say,  on  beha.lf  of  the  proposed  amend- 
ment, and  in  response  to  gentlemen  on  the  other  side  of  the  hall,  that  I 
voted  for  eight  dollars  per  diem,  and  am  perfectly  willing  to  abide  by  it, 
and  to  take  the  amount  in  Treasury  warrants.  At  the  same  time,  if  gen- 
tlemen feel  that  that  is  not  sufficient — if  that  be  the  judgment  of  members 
of  the  Convention',  after  we  shall  have  disposed  of  this  amendment, — I  am 
ready  to  unite  with  them  in  increasing  the  amount. per  day.  But  I  cer- 
tainly think  we  ought  so  to  arrange  this  matter  as  to  shield  our  reputation 
before  the  people — not  so  much  to  shield  our  own  morals.  I  take  it  we 
are  all  able  to  resist  the  temptation  that  would  be  offered  by  the  plan 
of  "  equivalents"  (though  it  might  be  as  well  not  to  run  into  it) — but  let 
us  shield  our  reputation. 

Mr.  WILLIAMS.  I  move  to  substitute,  by  striking  out  "  eight"  dol- 
lars, and  inserting  "  ten." 

(  219  ) 


1868.] 


DEBATES  AND  PEOCEEDIjSTGS  OF  THE 


[Tuesday, 


Pay  of  Members  and  Officers.— CYPERT—McCLTJRE— HODGES  of  Pulaski— SMITH. 


The  PRESIDEOT.  The  gentleman's  motion  is  not  in  order  at  the 
present  stage  of  the  question. 

Mr.  CYPERT.  I  wish  to  add  one  more  remark,  to  what  has  been 
stated.  It  does  strike  me  that  it  is  very  important  that  the  amendment 
should  be  adopted.  Otherwise,  the  brokers  here  might  reduce  the  value 
of  the  Treasury  warrants  to  a  very  low  ebb,  and  cost  the  State,  really,  two, 
or  three,  or  four  hundred  thousand  dollars.  For,  in  the  present  condition 
of  the  finances,  we  would  be  thrown  upon  the  brokers  for  the  redemption 
of  paper,  upon  which  they  would  themselves  fix  a  value. 

Mr.  McCLURE.  I  believe  there  is  but  a  single  amendment  now  be- 
fore the  house. 

The  PRESIDEOT.  The  question  is  upon  the  amendment  to  the  last 
section  of  the  Ordinance. 

Mr.  McCLURE.  I  propose  to  strike  out  the  third  section,  entire,  and 
insert,  after  the  word  "  specified,"  in  the  second  section,  and  that  the 
Secretary  shall  certify  the  per  diem  and  mileage  to  the  Auditor." 

There  is  no  means  by  whicli  the  amount  per  diem  can  be  ascertained,  as 
the  Ordinance  now  stands.  So  far  as  the  duties  of  the  Secretary  are  con- 
cerned, we  now  have  this  matter  terribly  mixed  up."  The  Ordinance 
provides,  simply,  that  the  Secretary  shall  certify  the  amount  due  to  the 
respective  person  or  persons,  to  the  Auditor.  The  third  section,  which  I 
have  moved  to  strike  out,  contemplates  paj^ment  in  currency,  or  its  equiva- 
lent in  Treasury  warrants.    There  is  no  one  to  determine  the  equivalent. 

The  PRESIDENT.  Does  not  the  Ordinance  adopted  this  morning,  pro- 
vide for  that? 

Mr.  McCLURE.  It  requires,  merelj^,  the  payment  of  the  amount  certi- 
fied by  the  Secretary — no  more  and  no  less.  There  is  no  way  provided, 
in  the  Ordinance  itself,  to  ascertain  the  amount. 

The  PRESIDEI^T.  Is  not  the  Secretary  already  authorized  to  audit  the 
expenses  ? 

Mr.  McCLURE.  The  Secretary  certifies  to  the  Auditor.  The  Auditor 
issues  his  warrant  for  the  amount  certified  by  the  Secretary.  What  au- 
thority has  the  Treasurer,  even  under  this  provision,  to  compound,  or  to 
establish  the  rates  at  which  the  warrants  shall  be  received;  if  there  is  no 
money  in  the  Treasury?  Certainly,  he  gets  no  such  authority  from  this 
Ordinance.  There  is  no  such  provision  there.  Striking  out  words  would, 
accomplish  nothing;  and  I  have  therefore  moved  to  amend,  by  striking 
out  the  entire  third  section,  since  there  is  no  officer  who  would  have 
authority  to  carry  out  the  provisions  of  the  section. 

Mr.  HODGES,  of  Pulaski.  I  withdraw  my  amendment,  and  accept  that 
of  the  gentleman  from  Arkansas  [Mr.  McClure],  as  a  substitute. 

Mr.  SMITH.  I  would  like  to  inquire,  of  the  Chairman  of  the  Comniit- 


(  220  ) 


Jan.  21st.]  AEKANSAS  COl^STITUTIOi^AL  COKYEjSTTIOK  [12th  Day, 


Pay  of  Members  and  Officers.— BROOKS— DUYALL. 

tee,  who  presented  that  Eeport,  whether  the  mileage  is  to  be  collected 
twice,  or  once. 

The  PKESIDENT.  The  Chair  understands  that  the  Ordinance  con- 
templates the  payment  of  mileage  each  way. 

The  question  was  then  taken  upon  the  amendment  striking  out  the 
third  section  of  the  Ordinance  as  reported,  and  inserting,  in  the  second 
section,  after  the  word  "  specified,"  the  words  "  and  that  the  Secretary 
shall  certify  the  per  diem  and  mileage  to  the  Auditor;"  and  the  amend- 
ment was  agreed  to. 

Mr.  BROOKS.  I  move  to  amend  by  striking  out  the  words  "  by  the 
actual  travelled  route,"  and  inserting  the  words,  "  on  the  shortest  route 
furnishing  public  transportation." 

It  is  usual  to  travel,  by  some  modes,  over  very  short  routes,  that  would  be 
exceedingly  rough  work  for  gentlemen  to  travel,  to  reach  this  Convention. 

A  MEMBEE  [in  his  seat].  Mileage  for  actual  travel. 

Mr.  BEOOKS.  "We  have  a  delegate  in  this  Convention,  who  travelled 
hither  by  an  exceedingly  short  route, — through  the  brush  and  over  the 
mountains,  with  his  knapsack  on  his  back.  I  think  if  a  member  chooses 
to  undergo  that  kind  of  privation  and  toil,  to  reach  this  place,  in  order  to 
save  a  few  dollars,  or  for  any  other  consideration,  that  is  his  own  matter ; 
but  he  is  entitled  to  compensation  for  the  usually  travelled  route. 

Mr.  DUVALL.  I  shall  oppose  that  amendment,  from  the  fact  that  there 
are  many  members  here,  and  myself  for  one,  who,  were  we  to  take  the 
usual  routes  travelled  by  public  conveyance,  would  charge  mileage  for 
three,  and  in  many  instances  four,  times  the  distance  we  have  actually 
travelled.  It  is  true,  we  have  rough  ways  to  go  over.  But  we  can  come 
by  short  ways,  by  travelling  mountain  roads.  I  did  that,  myself ;  and  I 
think  it  would  be  injustice  to  our  constituents,  to  charge  for  four  or  five 
times  the  distance  we  shall  have  to  travel. 

Mr.  BEOOKS.  I  appreciate  tlie  motives  and  the  economy  of  the  hon- 
orable member.  I  would  submit,  however,  that  the  amendment  will  not 
coerce  any  one.  The  gentleman  can  present  his  bill  as  he  may  choose. 
If  he  has  travelled  a  shorter  route,  and  is  perfectly  content  with  mileage 
computed  by  the  distance  he  has  actually  travelled  across  the  country,  on 
his  mule,  on  foot,  or  otherwise,  he  is  under  no  necessity  of  charging  more. 
The  amendment  simply  secures  to  members  the  privilege  of  collecting 
mileage  for  the  distance  by  which  others  have  travelled,  and  which  they 
must  have  travelled  had  they  consulted  their  reasonable  convenience  and 
comfort.  Our  supposition  was,  that  if  the  honorable  member,  or  any  other, 
travelled  on  horseback,  he  would  have  his  horse  to  provide  for  when  he 
reached  the  Capital,  and  that  his  expenses  w^ould  be  nearly  or  quite  as 

(  221  ) 


1868.] 


DEBATES  Am)  PEOCEEDHSTGS  OF  THE 


[Tuesday, 


Pay  of  Members  and  Officers.— GENEEAL  DEBATE. 


great^  and  in  some  cases  greater,  than  if  he  availed  himself  of  the  public 
means  of  transportation. 

I  am  certainly  in  favor  of  the  utmost  economy  consistent  with  the  com- 
fort and  convenience  of  members  in  their  journe^^s  to  the  Capital,  and 
returning.  Members  who  have  selected  routes  shorter  than  the  usual 
ones,  are  under  no  necessity  of  charging  further  mileage  than  that  of  their 
actual  travel.  But  that  a  gentleman  has,  at  his  own  option  and  to  his  own 
inconvenience,  adopted  a  direct  route  to  Little  Eock,  from  his  home, 
should  not  work  him  the  further  privation  of  a  decreased  mileage.  The 
member  from  Chicot  County,  for  instance,  who  struck  across  the  coun- 
try— or  the  member  from  Fulton,  from  Independence,  or  Lawrence, — is 
entitled,  justly  and  honorably,  and  in  all  propriety,  to  his  mileage  com- 
puted by  the  public  highway,  not  over  hills  and  mountains  and  through 
the  brush.  So  to  charge,  however,  will  be  no  necessity,  but  merely  a 
privilege. 

Mr.  HODGES,  of  Crittenden.  I  move  to  amend  by  adding  the  words, 
either  by  stage,  steamboat,  or  railroad." 

The  PRESIDENT.  Does  the  gentleman  from  Phillips  accept  the 
amendment  ? 

Mr.  BROOKS.  I  must  be  excused  from  accepting  that  kind  of  lumber. 

Mr.  McCOWl!^.  We  might  arrange  the  matter  by  taking  the  distance  as 
computed  by  members  of  the  Legislature,  from  each  County,  heretofore. 

Mr.  MOOTGOMERY.  I  beg  that  we  may  take  into  consideration  the 
state  of  our  means  of  internal  communication,  in  the  State  of  Arkansas. 
I  would  have  to  go  further,  to  get  to  a  public  conveyance,  than  to  come  to 
Little  Rock ;  and  I  conceive  that  to  be  the  case  with  a  great  many  of  our 
members. 

Mr.  BEASLEY.  I  presume  that  every  man  has  made  choice  of  his  own 
mode  of  getting  here,  and  will  do  the  same  in  going  back.  And,  under 
those  circumstances,  no  matter  how  he  got  here,  or  how  he  gets  away,  and 
whether  he  brought  his  horse  here,  or  not,  is  a  matter  immaterial  to  the 
Convention.  The  eight  dollars  per  twenty  miles  pays  him  very  well,  any 
way,  if  he  went  on  foot.  That  is  the  way  I  came  here,  and  that  is  the 
way  I  am  going  back. 

Mr.  BROOKS.  I  have  no  objection  to  making  the  actual  travel  the  basis 
of  mileage;  and  if  no  objection  be  made,  I  will  change  my  amendment 
by  inserting,  instead  of  the  words  stricken  out,  the  words,  "by  the  actual 
travelled  route." 

1^0  objection  being  made  to  the  modification  of  the  amendment, 

The  question  was  taken ;  and  the  amendment,  as  modified,  was  agreed  to. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  rules  be  suspended,  and  that 
the  Ordinance  be  passed  to  a  third  reading. 
(  222  ) 


Jan.  2l8t.]  AEKAjS'SAS  C0]N"STITUTI0XAL  COIsryEI^TIOT^.  [12th  Day. 


Pay  of  Members  and  Officers.— GENERAL  DEBATE. 


By  consent,  the  motion  was  temporarily  withdrawn,  to  enable 

Mr.  HOLLIS  to  move  to  amend  by  striking  out  the  word  eight," 

where  relating  to  the  per  diem  of  members,  and  that  the  word    ten  "  be 

inserted  instead. 

The  PRESIDEIsrT.  The  question  upon  the  amendment  striking  out 
"  eight"  and  inserting  "ten,"  having  been  lost,  a  motion  to  the  same  efiect 
is  not  in  order. 

Mr.  WILSOi^  was  understood  to  move  that  the  word  "sixteen"  be 
stricken  out,  and  the  word  "  ten"  inserted. 

The  question  was  taken;  and  the  amendment  was  not  agreed  to. 

Mr.  EXOi^  was  of  recollection  that  the  previously  defeated  amendment, 
referred  to  by  the  President,  as  rendering  Mr.  Wilson's  amendment  out 
of  order,  referred  merely  to  the  question  of  payment  in  currency  or  its 
equivalent  in  Treasury  warrants. 

Mr.  SARBER  expressed  the  same  recollection. 

Mr.  BBOOKS  moved  a  reconsideration  of  the  vote  by  which  the  amend- 
ment striking  out  the  word  "  eight,"  so  far  as  related  to  the  per  diem  of 
members,  and  inserting  in  its  stead  the  word  "ten,"  was  rejected. 

The  question  was  taken ;  and  the  motion  to  reconsider  was  agreed  to. 
The  question  was  then  taken  upon  the  adoption  of  the  amendment;  and 
the  amendment  was  agreed  to. 

Mr.  EVAI^S  moved  to  amend  by  striking  out  the  word  "  eight,"  where 
it  applied  to  the  per  diem  of  the  Sergeant-at-Arms,  the  Assistant  Sergeants- 
at-Arms,  the  Doorkeepers,  Assistant  Doorkeepers,  and  Postmaster,  and 
inserting,  instead  thereof,  the  word  "  six." 

Mr.  BR  ASHE  AR..  It  seems  to  me  very  strange  that  men  who  are  here 
under  as  heavy  expense  as  we  are,  should  receive  but  six  dollars  per  day, 
while  we  receive  eight  or  ten.  As  far  as  labor  goes,  the  Doorkeepers  have 
more  to  do  than  we  have. 

Mr.  EYAl^S.  I  would  state,  that  I  voted  against  the  proposition  to  raise 
the  pay  from  eiglit  to  ten  dollars. 

Mr.  MOISTTGOMERY.  I  would  inquire  of  the  gentleman  whether  he 
would  be  satisfied  with  six  dollars. 

Mr.  CYPERT.  I  favor  the  amendment,  from  this  fact.  I  am  satisfied 
that  one  doorkeeper  and  one  assistant  would  have  done  all  the  work  that 
all  these  ofiicers  have  done.  The  Committee  has  reported  that  there  are 
no  surplus  ofiScers.  There  is  a  difiference  upon  that  point.  If  there  are 
ofiicers  sitting  idle,  I  should  be  in  favor  of  paying  them  in  proportion  to 
the  work  done. 

Mr.  MO^nTTGOMERY.  I  voted  against  the  amendment  to  give  the 
members  ten  dollars  per  day.  I  claim  that  this  Convention  is  pledged  to 
these  gentlemen,  ofiiciating  in  the  ofiices  of  the  body,  to  do  by  them  what 

(  223  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Tuesday, 


Pay  of  Members  and  Officers.— MONTGOMERY— HOLLIS—BEOOKS. 


is  right  and  just.  The  proposition  to  reduce  the  number  of  our  officers 
has  been  submitted  to  the  Convention ;  it  was  duly  referred  to  the  appro- 
priate Committee,  and  that  Committee  reported  back  that  we  had  no  more 
officers  than  are  absolutely  necessary.  The  Report  was  adopted.  E'ow, 
sir,  if  it  has  been  declared,  by  the  vote  of  this  Convention,  that  we  have 
no  more  officers  than  are  absolutely  necessary,  we  are  under  obligations 
to  pay  these  officers  a  fair  price  for  their  services.  If  it  requires  a  pay  of 
ten  dollars  per  day  for  our  compensation,  then,  for  these  officers  who  are 
necessary  for  the  transaction  of  our  business  it  requires  fully  as  much,  for 
the  defrayment  of  their  expenses.  And  for  one,  I  feel  obligated,  in  good 
faith,  to  vote  them  a  reasonable  compensation. 

Mr.  HOLLIS.  I  have  no  objection  to  paying  these  gentlemen  ten 
dollars  per  day;  but  I  wish  to  state  that  it  w^as  not  understood,  in  my 
County,  that  we  would  get  less  than  ten  dollars  per  day,  and  my  constitu- 
ents are  willing  that  we  should  have  it. 

Mr.  BEOOKS.  As  the  matter  now  stands,  if  I  am  correct  in  my  view 
of  it,  we  propose  to  give  our  Secretary  twelve  dollars  per  day,  and  the  As- 
sistant Secretaries  eight.  I  simply  submit  this.  I  do  not  wish  to  institute 
a  comparison  between  the  members  of  this  Convention — as  I  am  one  of 
that  number,  myself — and  our  Doorkeepers.  I  do  not  wish  to  detract  from 
the  importance  of  the  position,  nor  the  estimate  of  the  amount  of  labor 
performed  by  those  gentlemen.  But  I  certainly  do  think  this  Convention 
will  act  very  strangely,  if  it  should  agree  to  pay  our  Doorkeeper,  and  his 
Assistants,  the  same  salary  with  our  Assistant  Secretaries.  I  think  a  man's 
brain,  and  culture,  and  an  experience  in  business  which  would  enable  him 
to  take  a  position  as  First  or  Second  Assistant  Secretary,  at  this  desk,  and 
perform  the  duty  that  these  gentlemen  have  performed  faithfully,  and,  I 
think,  satisfactorily,  thus  far — working  all  day  and  half  the  night,  "  right 
straight  through,"  with  a  prospect  of  having  to  increase  the  number  of 
hours'  work,  as  the  session  progresses — I  think  that  these  qualifications 
should  bring  to  their  possessors  somewhat  greater  compensation  than 
comes  to  the  Doorkeepers.  It  may  be  just  to  give  the  Doorkeepers  eight 
dollars  per  day;  but  then  it  is  extremely  unjust  to  give  the  Secretaries  no 
more.  If  we  maintain  the  pay  of  the  Doorkeepers  at  eight  dollars,  we 
should  certainly  give  the  Assistant  Secretaries  at  least  the  pay  of  members. 

I  am  not  aware  that,  hitherto,  the  Sergeant-at-Arms  has  been  called 
upon  to  do  anything.  It  is  not  his  fault.  I  concede  that,  of  course.  [A 
'MEMBER,  in  his  seat,  made  a  suggestion  to  the  speaker.]  I  stand  corrected. 
I  believe  he  has  had  some  duties  to  perform.  But  I  merely  mean  to  say 
that  the  position  and  responsibilities  of  men  at  this  desk,  to  say  nothing 
of  the  members  of  this  body,  are  of  a  character  to  demand,  in  all  justice, 
a  quarter  more  pa}^,  to  say  the  least,  than  that  of  these  other  officers  of  the 
Convention.  ~ 
(  224  ) 


Jan.  21st.]  AEKAIS^SAS  CO^^STITUTIOXAL  COXYE^s^TIOX.  [12th  Day. 


Pay  of  Members  and  Officers.— HODGES— WILSON— KYLE. 


Mr.  HODGES,  of  Crittenden.  I  move  to  amend  so  that  the  Assistant 
Secretaries  shall  receive  ten  dollars  per  day. 

Mr.  WILSO^N".  As  a  member  of  the  laboring  class  of  mankind,  I  think 
it  my  duty  to  say  a  word,  in  favor  of  those  gentlemen,  for  the  Doorkeepers. 
We  have  a  proposition  urged,  here,  to  reduce  their  pay;  and,  I  think,  too, 
by  gentlemen  who  spit  in  the  spittoons  which  the  Doorkeepers  have  to 
wash  up.  I  would  rather  do  my  labor  all  day,  than  to  wash  out  one  of  these 
spittoons.  I  think  gentlemen  who  reduce  the  wages  of  those  who  clean 
up  after  us,  here,  have  a  poor  appreciation  of  labor. 

Mr.  HODGES,  of  Pulaski.  I  wish  to  withdraw  my  motion,  and  to  sub- 
mit another.  I  wish  to  recommit  the  whole  subject  to  the  same  Com- 
mittee, that  they  may  report  back  again  salaries  to  correspond  with  what 
seem  to  be  the  views  of  tbe  Convention,  on  the  basis  of  a  per  diem  pay- 
ment, to  members,  of  ten  dollars. 

The  PRESIDED.  The  Chair  will  state,  for  the  information  of  gentle- 
men, the  state  of  the  question.  There  are  two  questions  pending,  in  the 
form  of  amendments;  one  for  reducing  the  salaries  of  certain  officers,  and 
one  for  increasing  tbe  compensation  of  the  Assistant  Secretaries. 

Mr.  HODGES,  of  Pulaski.    I  wish  to  recommit  the  whole  subject. 

Mr.  KYLE.  I  hope  the  Convention  will  not  take  the  course  indicated 
by  the  gentleman  from  Pulaski  [Mr.  Hodges].  "We  have  made  some  prog- 
ress in  this  matter,  I  think;  and  I  desire  to  see  it  go  on. 

While  on  my  feet,  I  will  state,  in  regard  to  the  pay  of  the  principal 
clerks,  that,  in  such  observation  as  I  have  had  of  deliberative  bodies,  when 
I  have  seen  members  of  the  body  paid  four  dollars  per  day,  the  Chief 
Clerk  was  paid  six,  and  the  Assistants  the  same  as  the  members,  four 
dollars.  I  think,  in  view  of  the  expenses  of  board,  and  the  depreciation 
of  currency,  these  gentlemen  should  be  paid  ten  dollars  per  day.  Let  the 
Secretary  receive  twelve,  the  Assistants  ten,  the  Doorkeepers  eight — or 
ten,  if  you  please.  I  think  the  President  should  have  double  the  pay  of 
the  members. 

But  let  us  proceed  with  the  consideration  of  the  subject,  now.  I  think 
we  have  made  some  progress.  , 

The  question  was  taken  on  the  motion  to  recommit  the  Ordinance  to 
the  Committee;  and  the  motion  was  not  agreed  to. 

The  question  was  then  taken  upon  the  motion  to  amend  by  striking  out 
the  word  "  eight,"  where  applying  to  the  per  diem  of  the  Sergeant-at- 
Arms,  the  Assistant  Sergeants-at-Arms,  the  Doorkeeper,  the  Assistant 
Doorkeepers,  and  Postmaster,  and  inserting,  instead  thereof,  the  word 
"  six;"  and  the  amendment  was  not  agreed  to. 

The  question  recurring  upon  the  amendment  striking  out  the  word 


15 


(  225  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Tuesday, 


Pay  of  Members  and  Officers.— BEOOKS—MALLORY. 


"  eight,"  where  it  applied  to  the  per  diem  of  the  Assistant  Secretaries,  and 
inserting,  instead  thereof,  the  word  "  ten." 

Mr.  BROOKS  moved  to  amend  the  amendment  so  as  to  make  it  appli- 
cable to  the  per  diem  of  the  Chaplain  also. 

Mr.  HODGES,  of  Crittenden,  accepted  the  amendment  to  his  amend- 
ment. 

The  question  was  then  taken;  and  the  amendment,  as  amended,  was 
agreed  to. 

Mr.  BROOKS  moved  that  the  rules  be  suspended,  and  that  the  Ordi- 
nance, as  amended,  be  passed  to  a  third  reading,  and  be  placed  upon  its 
final  passage. 

The  question  was  taken ;  and  the  motion  was  agreed  to ;  so  the  rules 
were  suspended,  and 

The  Ordinance,  as  amended,  was  read  a  third  time. 
Upon  the  question  of  the  final  passage  of  the  Ordinance, 
Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  then  taken  upon  the  final  passage  of  the  Ordinance,  as 
amended ;  and  it  was  decided  in  the  affirmative, — Yeas  47,  E'ays  18,  as 
follows : 

Yeas:  Messrs^  Belden,  Bell,  Brashear,  Brooks,  Ooates,  Corbell,  Dale, Evans, 
Exon,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hollis, 
Hodges  of  Crittenden,  Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson, 
Kyle,  Langley,  Mason,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy, 
McClure,  Oliver,  Poole,  Portis,  Rawlings,  Rector,  Rounsaville,  Sams,  Samuels, 
Sarber,  Scott,  Sims,  Smith,  Wilson,  White,  Williams,  Wyatt,  and  the  Presi- 
dent—47. 

J^AYS.  Messrs.  Beasley,  Cypert,  Duvall,  Gantt,  Gray  of  Jefferson,  Hicks, 

Hoge,  Mallory,  Matthews,  Owen,  Priddy,  Puntney,  Reynolds,  Shoppach,  Snyder, 

Yan  Hook,  Walker,  and  Wright— 18. 
* 

So  the  Ordinance  was  passed. 
Pending  the  call  of  the  roll  : 

Mr.  MALLORY  (when  his  name  was  called)  said  he  must  vote  against 
the  Ordinance,  for  more  than  one  reason.  He  deemed  the  allotment  of 
mileage  too  great,  and  unequal  He  did  not  think  it  right  that  the  Door- 
keepers should  be  paid  as  much  as  members  sent  here,  by  their  con- 
stituents, to  perform  an  important  duty. 

The  PRESIDENT.  The  Chair  will  remind  the  gentleman  that  the  Door- 
keepers, under  the  provisions  of  the  Ordinance,  are  to  be  paid  but  eight 
dollars  per  day;  while  the  members  of  the  Convention  are  to  receive  ten. 
(  226  ) 


Jan.  21st.]  AEKANSAS  COXSTITUTIO]S^AL  COX\' EXTIOX  [12tli  Day. 


Little  Eock  and  Fort  Smith  Eailroad.— GANTT. 


Mr.  WILLIAMS  moved  that  the  Convention  adjourn. 
The  question  was  taken;  and  the  motion  was  agreed  to; 
And  thereupon,  at  1.15,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Wednesday,  January  22d. 


THIRTEENTH  DAY. 

Wednesday,  January  22d,  1868. 

Convention  met  at  10,  a.m. 
Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called;  and  the  following  members  answered  to  their 
names : 

Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Cypert, 
Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips,  Harri- 
son, Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hodges  of  Crittenden,  Hodges 
of  Pulaski,  Hoge,  Hollis,  Houghton,  Hutchinson,  Kyle,  Langley,  Mallory,  Ma- 
son, Matthews,  Merrick,  Misner,  Millsaps,  Montgomery,  McCown,  McClure, 
Oliver,  Owen,  Poole,  Portis, ,  Priddy,  Puntney,  Eawlings,  Rector,  Reynolds, 
Rounsaville,  Sams,  Samuels,  Sarber,  Scott,  Shoppach,  Sims,  Smith,  Snyder, 
Yan  Hook,  Walker,  Wilson,  White,  Williams,  Wright,  Wyatt,  and  the  Presi- 
dent. 

Sick  and  Excused:  Messrs.  Bradley  and  Johnson. 

• 

A  quorum  being  present: 

The  Journal  of  the  preceding  day  was  read  and  approved. 

LITTLE  ROCK  AND  FORT  SMITH  RAILROAD — AGAIN. 

The  presentation  of  petitions  and  memorials  being  in  order, 
Mr.  GAis"TT  presented  the  following  communication,  which  was  read 
by  the  Secretary  : 

Little  Eock  and  Fort  Smith  Eaileoad  Company: 
Secretary's  Office, 
Little  Eock,  Ark.,  Jan.  20th,  1868. 

Sir:  I  notice  in  the  pubhshed  proceedings  of  the  Convention  on  the  17th 
inst.,  that  a  committee  was  appointed  to  investigate  the  affairs  of  this  Com- 
pany. The  charge  implied  in  this  action  of  the  Convention  is  calculated  to 
greatly  embarrass,  if  it  will  not  entirely  defeat,  the  success  of  negotiations 
now  pending  for  the  construction  of  the  road. 

The  books  of  the  Company  are  always  open  to  the  inspection  of  any  of  the 

(  ^27  > 


1868.] 


DEBATES  AKD  PEOCEEDINGS  OF  THE  [Wednesday, 


Little  Kock  and  Fort  Smith  Railroad.— GANTT—BKOOKS—CYPEET. 


stockholders,  and  as  the  proposed  manner  of  investigation  will  certainly  be 
attended  with  considerable  expense  to  the  already  impoverished  people  of  the 
State,  and  as  the  Company  has  nothing  to  conceal  from  those  who  are  sincerely 
interested  in  its  success,  I  would  respectfully  state,  through  you,  to  the  Con- 
vention, that  any  application  for  information  as  to  the  transactions  of  the 
Company  or  any  of  its  officers  or  agents,  if  made  in  the  proper  manner  at  the 
Company's  office  in  this  city,  will  meet  with  prompt  and  courteous  attention. 

I  am,  sir,  very  respectfully, 

Your  obt.  serv't, 

J.  H.  Haney, 

Secretary. 

Hon.  R.  S.  Gantt, 

Member  of  the  Convention, 

Little  Rock,  Arkansas. 

Mr.  GrANTT  moved  that  the  communication  be  referred  to  a  special 
committee,  to  consist  of  Messrs.  Sarber,  Brooks,  and  Reynolds. 

Mr.  BROOKS  moved,  as  a  substitute,  to  refer  the  communication  to  the 
Committee  on  Internal  Improvements. 

Mr.  CYPERT.  It  would  seem  out  of  the  regular  order,  we  having  a 
Committee  on  Internal  Improvements,  to  refer  this  communication  to  a 
special  committee,  were  it  not  for  the  fact  that  a  kind  of  commission  has 
been  raised,  hy  this  Convention — as  seems  to  be  indicated  by  the  paper 
just  read, — thus  implying  a  want  of  proper  action  upon  the  part  of  this 
Road.  As  I  understand,  no  question  is  now  involved,  nor  was  any  urged 
the  other  day,  with  reference  to  the  value  of  this  road  as  an  internal  im- 
provement, hut  the  investigation  was  called  for  simply  on  the  ground  of 
the  :fi.nancial  interest  of  the  State  in  the  project.  I  suppose  the  proposition, 
now  submitted,  to  refer  the  subject  to  a  special  committee,  to  be  offered 
with  a  view  of  investigating  the  question  of  the  interest  of  the  State — to  see 
if  her  funds  are  being  squandered,  in  any  manner  whatever.  It  is  hut 
just  to  the  Road  that  its  action  should  be  properly  examined  into,  upon  a 
preferred  request,  when  the  implication  is  raised  that  the  Corporation  is 
in  some  way  guilty  of  improper  conduct.  The  proposed  committee  stands 
in  the  nature  of  a  court  of  inquirj^  The  Company  ask  to  have  their  acts 
properly  put  before  this  Convention.  It  cannot  be  more  improper  for  a 
special  committee  to  investigate  their  doings,  than  to  raise  a  commission 
to  sit  at  some  future  day — at  their  own  leisure,  not  at  any  particular  time, 
— without  power  to  notify  any  person  to  attend  their  sessions,  and  equally 
without  instructions,  themselves,  as  to  what  duties  they  shall  perform,  or 
authority  to  give  notice  to  others  of  their  intended  performances.  Under 
the  circumstances,  therefore,  it  seems  to  me  irregular  to  refer  the  com- 
munication to  a  standing  committee,  and  that  it  is  rather  proper  that  a 
special  committee  should  be  raised. 
(  228  ) 


Jan.  22d.]   AEKAKSAS  CONSTITUTIONAL  CONVENTION.  [13tli  Day. 


Little  Kock  and  Fort  Smith  Railroad.— McCLUEE. 


Mr.  McCLURE.  This  is  a  somewhat  peculiar  communication.  It  dis- 
plays a  rather  dictatorial  spirit.    The  writer  says : 

''The  charge  implied  in  this  action  of  the  Convention" — 

There  is  no  such  charge — no  charge  of  fraud  was  made  upon  this  floor — 

^'is  calculated  greatly  to  embarrass,  if  it  will  not  entirely  defeat,  the  success 
of  negotiations  now  pending  for  the  construction  of  the  road." 

The  proposition  is,  to  embarrass  the  progress  of  this  afi'air,  until  an  in- 
vestigation can  be  had.  The  State,  with  an  interest  in  the  road,  of  ten 
thousand  dollars  per  mile,  and  having  paid  into  the  treasury  of  this  Com- 
pany forty  thousand  dollars  in  gold,  has  no  account  of  what  has  been  done 
with  that  money;  and  just  at  this  time,  when  no  legislature  can  assemble 
here,  it  is  our  duty,  as  the  only  representatives  of  the  people,  having  any 
authority  in  the  land,  to  prevent  any  further  negotiations  proceeding  at 
this  particular  period.  The  object  is,  to  break  them  off  at  the  present.  If 
the  transactions  of  this  Company  are  fair  and  honorable,  the  negotiations 
will  not  be  embarrassed,  at  all.  But  if  fraud  has  entered — and  the  gentle- 
man who  signs  this  communication  is  the  first  who  has  suggested  such  a 
thing, — then  it  is  our  bounden  duty  to  protect  the  interest  of  the  State,  to 
the  extent  which  the  resolution  of  inquiry  proposes. 

Listen  to  this  language ! 

"  The  books  of  the  Company  are  always  open  to  the  inspection  of  any  of 
the  stockholders." 

Is  not  the  State  of  Arkansas  a  stockholder  in  this  Company — perhaps 
to  a  greater  extent  than  any  other  party  ?  In  fact,  has  not  the  State  of 
Arkansas  given  to  the  Company  by  far  the  greater  share  of  the  resources 
which  the  Company  possesses  ?  Is  private  capital  interested,  in  this  mat- 
ter, to  the  extent  of  one-fourth  the  amount  of  resources  furnished  by 
the  State  ? 

"  And  as  the  proposed  manner  of  investigation  will  certainly  be  attended 
with  considerable  expense" — 

The  resolution,  as  adopted,  contains  this  express  proviso : 

"  Provided,  That  no  expense  is  hereby  incurred  by  the  State,  by  reason  of 
the  attendance  of  witnesses,  or  otherwise." 

I  resume  the  reading  of  the  communication. 

— "  will  be  attended  with  considerable  expense  to  the  already  impoverished 
people  of  the  State ;" — 

(  229  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Little  Eock  and  Fort  Smitti  Kailroad.— McCLURE— GKEY— BEASLEY. 


That  is  just  what  we  propose  to  prevent — we  propose,  at  least,  to  pre- 
vent their  being  impoverished  to  the  amount  of  forty  thousand  dollars  in 
gold. 

"And  as  the  Company  has  nothing  to  conceal  from  those  who  are  sincerely 
interested  in  its  success," — 

The  success  of  what  ?  of  the  road,  or  of  the  individuals  who  have  dis- 
posed of  the  State's  donation  ? 

I  would  respectfully  state,  through  you,  to  the  Convention,  that  any  appli- 
cation for  information  as  to  the  transactions  of  the  Company,  or  any  of  its 
officers  or  agents,  if  made  in  the  proper  manner,^' — - 

In  the  proper  manner  !  A  secretary  of  a  one-horse"  railroad  company, 
that  has  been  preying  upon  the  industry  of  the  State,  and  without  any 
capital  but  such  as  has  been  afforded  by  the  State,  informs  the  representa- 
tives of  the  people  of  the  State,  that  if  their  application  shall  be  made  in 
a  proper  manner,  the  proposition  will  be  considered ! 

I  now  move  you,  sir,  that  instead  of  ordering  a  reference,  the  commu- 
nication be  entirely  rejected. 

Mr.  GrANTT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  then  taken  on  the  motion  to  reject  the  communica- 
tion ;  and  the  motion  was  agreed  to, — Yeas  43,  ]N"ays  18,  as  follows : 

Yeas:  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell, 
Dale,  Exon,  Gray  of  Jefferson,  Hawkins,  Hinds,  Hinkle,  Hollis,  Houghton, 
Hutchinson,  Langley,  Mallory,  Merrick,  Misner,  Millsaps,  Montgomery,  Mur- 
phy, McCown,  McClure,  Oliver,  Poole,  Portis,  Priddy,  Eawlings,  Eector,  Eoun- 
saville,  Sams,  Samuels,  Scott,  Sims,  Snyder,  Yan  Hook,  White,  Wilson,  Wil- 
liams, Wyatt,  and  the  President — 43. 

ISTays:  Messrs.  Cypert,  Duvall,  Evans,  Gantt,  Harrison,  Hicks,  Hodges  of 
Crittenden,  Hodges  of  Pulaski,  Hoge,  Kyle,  Matthews,  Owen,  Puntney,  Eey- 
nolds,  Shoppach,  Smith,  Walker,  and  Wright — 18. 

So  the  communication  was  rejected. 
Pending  the  call  of  the  roll : 

Mr.  GEEY,  of  Phillips  (when  his  name  was  called),  said:  As  I  do  not 
understand  the  position  of  affairs  in  regard  to  this  matter,  and  as  I  would 
wish  to  vote,  on  a  question  of  this  kind,  intelligently,  I  would  like  to  be 
excused. 

No  objection  being  made, 

Mr.  GEEY^  was  excused  from  voting. 

Before  the  vote  was  announced, 

Mr.  BEASLEY  said  :  I  wish  to  make  an  explanation.    The  reason  why 
(  230  ) 


Jan.  22d.]  AEKAXSAS  COXSTITrTIOXAL  COXTEXTIOX.  [13th  Day. 


Expenses  of  Convention. 


I -voted  Ave,  upon  the  question  of  rejecting  the  communication,  was,  that 
I  considered  the  resokition  adopted  by  the  Convention,  for  investigation, 
as  premature  action,  in  a  matter  over  which  we  have  no  jurisdiction  :  and 
I  would  Hke  to  keep  voting  till  I  could  vote  the  whole  subject  out  of  the 
Convention. 

The  vote  was  then  announced  as  above. 

EXPENSES  OF  THE  COXVEXTIOX — AGAIN.  ' 

Jhe  PRESIDENT  laid  before  the  Convention  the  following  communi- 
cation from  the  Treasurer  of  the  State  : 

Treasury  or  the  State  of  Arkansas, 

Little  Eock,  January  21st,  1868. 

To  fJieSo/ioraNe  Fresident  and  Memhers  of  the  Constitutional  Convention  assembled: 
I  have  the  honor  to  forward,  inclosed,  for  your  information,  copies  of  tele- 
grams regarding  payments  of  expenses  of  the  Constitutional  Convention. 

Yery  respectfully,  your  oh't  serv't, 

Henry  Page, 

Treasurer. 


Treasury  oe  the  State  of  Arkansas, 

Little  Eock,  January  20th,  1868. 

To  O.  D.  Greene, 

A.  A.  G.  Fourtli  ^Military  District,  Holly  Springs,  ^Mississippi : 
Eesolution  passed  Convention  directing  payment,  by  Treasurer,  of  expenses 
of  Convention,  from  funds  on  hand.    If  paid,  bonds  dejDOsited  must  be  sold; 
cannot  pay  under  existing  military  orders, 

(Signed)  Henry  Page. 

True  copy. 

Henry  Page, 

Treasurer. 


Yicksburg,  January  2l3t,  1868. 

To  Col.  Henry  Page, 

State  Treasurer  : 

Make  no  payments  vrithout  special  orders  from  the  G-eneral  commanding. 
The  subject  will  be  decided  when  resolutions  and  all  papers  are  properly  before 
him. 

(Signed)    *  John  Tyler, 

A.  A.  A.  G. 

True  copy. 

Henry  Page, 

Treasurer. 

(  231  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Pay  of  Members  and  Officers — Suspension  of  Collection  of  Debts — Committee  on  Journal. 


Mr.  MONTGOMEEY  moved  that  the  communication  be  referred  to 
the  Committee  on  Finance,  Taxation,  Public  Debt,  and  Expenditures. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

PAY  OF  MEMBERS  AND  OFFICERS — AGAIN. 

Motions,  resolutions,  and  notices  being  in  order, 

Mr.  BELL  gave  notice  that  on  the  morrow  he  should,  for  the  purpose 
of  proposing  a  reduction  of  the  per  diem  of  members  and  officers,  move 
a  reconsideration  of  the  vote  whereby  the  Ordinance,  entitled  ''An  Ordi- 
nance regulating  the  compensation  of  members  and  officers  of  the  Con- 
stitutional Convention,"  was  passed. 

SUSPENSION  OF  COLLECTION  OF  DEBTS — AGAIN. 

Mr.  MOOTGOMERY  offered  the  following  Ordinance,  which  was  read 
a  first  time : 

AN  ORDINANCE  TO  STAY  THE  COLLECTION  OF  DEBTS. 

Be  it  ordained  by  the  People  of  the  State  of  Arkansas,  in  Convention  assembled : 
That  all  sales  of  property  under  execution  or  other  final  process,  from  any  of 
the  Courts  of  this  State,  are  hereby  suspended.  This  Ordinance  to  be  and 
remain  in  full  force  until  the  twenty-fifth  day  of  December,  one  thousand  eight 
hundred  and  sixty -nine  :  Provided,  that  in  case  the  Constitution  framed  by  this 
Convention,  when  submitted  to  the  people  for  ratification,  is  rejected,  then  this 
Ordinance,  from  the  date  of  said  rejection,  shall  cease  to  operate.  And  pro- 
vided further,  that  this  Ordinance  shall  not  apply  to  judgments  in  favor  of 
laborers  or  mechanics,  for  services  rendered  and  materials  furnished  since  June 
first,  one  thousand  eight  hundred  and  sixty-five. 

Mr.  MONTGOMERY  moved  that  the  Ordinance  be  referred  to  the 
Committee  on  the  Judiciary. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

COMMITTEE  ON  REVISION  OF  JOURNAL. 

Mr.  HODGES,  of  Crittenden,  offered  the  following  resolution  : 

Resolved:  That  a  special  committee  of  three  members,  consisting  of  Messrs. 
Cypert,  Brooks,  and  Beasley,  be  appointed  by  the  Chair  to  examine  the  re- 
cords, in  order  to  avoid  mistakes  in  copying  the  proceedings  of  the  Convention. 

The  question  was  taken ;  and  the  resolution  was  adopted. 
(  232  ) 


JaD.  22d.3  AEKAXSAS  CO^^STITUTIOXAL  COXYEXTIO:S^  [ISth  Day. 


Suspension  of  Collection  of  Debts — Expenses  of  Convention — Navigation  of  Arkansas  Eiver. 


SUSPENSION  OF  COLLECTION  OF  DEBTS — AGAIN. 

Mr.  BEASLEY  offered  the  following  Ordinance,  which  was  read  a  first 
time  : 

AN  ORDINANCE  FOR  THE  SUSPENSION  OF  THE  COLLECTION  OF  DEBTS. 

Be  it  ordained  by  the  Feople  of  the  State  of  Arkansas,  in  Convention  assembled  : 
That  from  and  after  the  ratification  of  the  Constitution,  framed  under  an  act 
entitled  "An  Act  to  provide  for  the  more  efficient  government  of  the  Eebel 
States/'  parsed  March  second,  one  thousand  eight  hundred  and  sixty-seven; 
and  the  acts  supplemental  and  amendatory  thereto,  that  no  debts  shall  be  col- 
lected by  execution  and  sale  under  the  same,  prior  to  the  first  day  of  January, 
one  thousand  eight  hundred  and  seventy :  Frovided  this  Ordinance  shall  not 
apply  to  judgments  in  favor  of  laborers  and  mechanics,  for  services  rendered 
since  the  first  day  of  January,  one  thousand  eight  hundred  and  sixty-seven  ; 
nor  shall  it  interfere  with  the  present  laws  of  attachment  now  existing  in  this 
State. 

Mr.  MONTGOMERY  moved  that  the  Ordinance  be  referred  to  the  Com- 
mittee on  the  Judiciary. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

EXPENSES  OF  THE  CONTENTION — AGAIN. 

Mr.  MATTHEWS  gave  notice  that  on  the  morrow  he  should  move  a 
reconsideration  of  the  vote  whereby  the  Ordinance  entitled  "An  Ordi- 
nance raising  revenue  for  the  purpose  of  defraying  expenses  of  Constitu- 
tional Convention  "  was  passed. 

He  had  voted  for  the  Ordinance,  with  the  intention  of  moving  a  recon- 
sideration. 

NAVIGATION  OF  ARKANSAS  RIVER. 

Mr.  HIip)S,from  the  Special  Committee  appointed  to  draft  a  memorial 
to  Congress  for  the  improvement  of  the  navigation  of  the  Arkansas  River, 
reported  the  following: 

A  MEMORIAL   TO  CONGRESS   FOR  AN  APPROPRIATION   OF  MONEY  FOR  IMPROV- 
ING THE  ARKANSAS  RIVER  FROM  ITS  MOUTH  TO  FORT  SMITH. 

To  the  Honorable,  the  Senate  and  House  of  Representatives,  in  Congress  assembled : 
Your  memoriahsts,  the  Constitutional  Convention  of  the  State  of  Arkansas, 
respectfully  represent  that  the  Arkansas  Eiver,  during  the  season  of  low  water, 
is  so  obstructed  by  snags  and  sand-bars  as  to  render  the  navigation  difficult 
and  hazardous,  but  that  by  the  appropriation  and  proper  outlay  of  a  small  sum 

(  233  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 


Disfranchisement.— DALE— MONTGOMEEY. 


of  money,  the  said  river,  between  the  points  designated,  could  be  rendered 
navigable  during  the  entire  season,  and  would  open  a  thoroughfare  of  inland 
communication  to  a  rich  agricultural  district,  facilitate  the  transportation  of 
the  mails,  and  afford  to  the  settlements  embraced  in  the  country  tributary  to 
the  Arkansas,  the  speedy  development  of  the  various  resources  of  that  section 
of  the  country,  abounding  in  lumber,  agricultural,  and  mineral  wealth,  besides 
affording  facilities  for  reaching  the  trade  and  exchange  of  the  Indian  country 
west,  and  affording  to  the  Government  a  more  speedy  access  to  that  region. 

Your  memorialists,  therefore,  ask  that  an  appropriation  of  one  hundred 
thousand  dollars  (100,000)  be  made  for  the  improvement  of  said  river.  And  your 
memorialists  will  ever  pray. 

James  Hinds,  Chairman.  W.  G.  Hollis, 

G.  H.  Kyle,  Wm.  A.  Beasley, 

E.  Eawlings,  O.  p.  Snyder. 

Mr.  GEEY,  of  Phillips,  moved  that  the  Memorial  be  adopted. 
Mr.  MOi^TGrOMERY  moved  to  amend  by  referring  the  Memorial  to 
the  Committee  on  Memorials  and  Ordinances. 

The  question  v^as  taken ;  and  the  amendment  v^as  agreed  to. 

The  question  was  taken  on  the  motion  as  amended ;  and  the  Memorial 
was  referred  to  the  Committee  on  Memorials  and  Ordinances. 

DISFRANCHISEMENT. 

Mr.  DALE  offered  the  following  resolution : 

Resolved :  That  the  Committee  on  Franchise  be,  and  are  hereby,  instructed 
to  inquire  into  the  expediency  of  disfranchising  the  following  classes  of  per- 
sons, viz. : 

First,  All  those  who  are  disfranchised  in  the  present  Reconstruction  Acts  of 
Congress. 

Second.  All  those  who,  during  the  late  war  of  the  rebellion,  by  cruelty  to 
Union  citizens  or  prisoners  of  war,  or  otherwise,  violated  the  rules  of  civilized 
warfare. 

Third.  All  those  who,  after  the  opening  of  the  war,  took  and  subscribed  an 
oath  of  allegiance  to  the  United  States  Government,  or  oath  of  amnesty  under 
any  order  or  proclamation  of  the  President,  and  afterwards  violated  its  pro- 
visions. 

Fourth.  All  those  who,  having  been  disfranchised  for  rebellion  or  armed  hos- 
tilities to  the  Government,  in  other  States,  have  removed,  or  may  hereafter 
remove,  to  this  State. 

Mr.  MONTGOMERY  moved  to  refer  the  resolution  to  the  Committee 
on  the  Elective  Franchise. 
(  234  ) 


Jan.  22d.]  AEKAJSTSAS  CO^^STITUTIOI^AL  CONYENTIOK  [13th  Day, 


Disfranchisement.— McCLUKE— MATTHEWS— BROOKS. 


Mr.  EEYE'OLDS  moved  to  la}^  the  resolution  on  the  table ;  and  upon 
that  motion  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  'the  negative,— Yeas  12, 
JSTays  49,  as  follows  : 

Yeas  :  Messrs.  Cypert,  Duvall,  Evans,  Gantt,  Hicks,  Hoge,  Owen,  Eeynolds, 
Shoppach,  Sims,  Walker,  and  Wright — 12. 

Nays*  Messrs.  Beasley,  Belden, Bell,  Brashear,  Brooks,  Coates,  Corbell,  Dale, 
Exon,  Gray  of  Jetferson,  Grey  of  Phillips,  Harrison,  Hawkins,  Hinds,  Hinkle, 
Hodges  of  Crittenden,  Hodges  of  Pulaski,  Hollis,  Houghton,  Hutchinson,  Kyle, 
Langley,  Mallory,  Matthews,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy, 
McCown,  McClure,  Oliver,  Poole,  Priddy,  Puntney,  Eawlings,  Eector,  Eoun- 
saville^  Sams,  Samuels,  Scott,  Smith,  Snyder,  Yan  Hook,  Wilson,  White,  Wil- 
liams, Wyatt,  and  the  President — 49. 

So  the  Conv>ention  refused  to  lay  the  resolution  on  the  table. 
Mr.  MATTHEWS  offered  the  following  as  an  amendment  to  the  reso- 
lution before  the  Convention : 

Resolved :  That  the  Committee  on  Elective  Franchise  be  instructed  to  inquire 
into  the  expediency  of  disfranchising  no  one  for  participation  in  any  past 
rebellion. 

Mr.  KYLE  moved  to  amend  by  striking  out  the  word  *^one,"  and  in- 
serting, instead  thereof,  the  word  "  citizen." 
Mr.  MATTHEWS  accepted  the  amendment. 

Mr.  GEEY^,  of  Phillips,  moved  that  the  amendment,  as  amended,  be 
referred,  with  the  original  resolution,  to  the  Committee  on  the  Elective 
Franchise. 

Mr.  McCLUEE.  The  Act  of  Eeconstruction,  under  which  we  assemble, 
declares  that  certain  persons  shall  be  disfranchised.  A  resolution  is  intro- 
duced, instructing  the  Committee  on  Franchise  to  report  that  no  man 
shall  be  disfranchised,  thereby  asking  the  Convention  to  violate  the  law  of 
the  land.  I  am  not  able  to  make  any  such  pledges  as  that ;  and  therefore 
I  move  to  reject  the  amendment. 

Mr.  MATTHEWS.  I  am  certainly  in  favor  of  coming  entirely  up  to  the 
requirements  of  Congress ;  but  I  deny  that  the  requirements  of  Congress, 
as  expressed  in  the  Military  Bill,  will  preclude  us  from  framing  a  consti- 
tution disfranchising  no  one.  This  is  not  a  proper  time,  however,  for  the 
discussion  of  that  question. 

Mr.  BEOOKS.  I  am  opposed  to  the  motion  to  reject.  ITot,  how- 
ever, upon  the  ground  of  the  honorable  gentleman  from  Drew  [Mr. 
Matthews];  because,  according  to  my  recollection,  the  Act  of  Con- 

(  235  ) 


1868.] 


DEBATES  AND  PEOCEEDmOS  OF  THE  [Wednesday, 


Disfranchisement.— BKOOKS—CYPEKT. 


gress  under  which  we  are  proceeding,  requires,  if  we  are  to  succeed — if 
we  desire  to  succeed — in  reconstruction,  that  the  Constitution,  which  we 
shall  report  to  the  people,  for  their  acceptance,  and  to  Congress  if  ratified 
hy  the  people,  shall  be  conformed  to  the  principles  of  the  Reconstruction 
Act ;  and  a  part  of  the  provisions  of  that  Act  certainly  is,  the  disfranchise- 
ment of  certain  individuals,  or  classes  of  persons.  If  the  Constitution 
which  we  shall  adopt  should  disfranchise  no  person,  surely  it  will  not  be 
conformed  to  the  requirements  of  the  Act ;  and  to  fail  in  so  conforming 
it,  is,  of  course,  to  defeat  reconstruction.  Whether  it  be  the  object  of  the 
honorable  member,  in  presenting  the  motion,  to  secure  that  point  in  the 
Constitution,  for  the  purpose  of  defeating  reconstruction,  and  keeping  the 
State  out  of  the  Union,  and  to  retain  it  in  its  present  attitude,  I  do  not 
presume  to  decide  ;  but  certainly  that  will  be  the  practical  effect.  I  am 
opposed,  however,  to  the  rejection,  simply  because  I  hold  it  right  and 
proper  for  the  honorable  member  to  have  the  attention  of  the  Committee 
drawn  to  any  topic  that  he  may  desire,  no  matter  how  absurd,  or  how 
foreign  to  all  the  purposes  of  the  Convention.  The  simple  fact  that  he  is 
a  member  here,  ought  to  secure  a  hearing  for  any  proposition,  simply  ask- 
ing consideration,  that  he  may  make,  so  that  it  be  not  disrespectful  to  the 
Convention.  I  say,  the  proposition  ought  to  be  considered.  I  am  in  favor 
of  the  original  motion,  and  I  am  in  favor  of  the  amendment — that  is  to 
say,  that  the  Committee  on  the  Franchise  shall  be  instructed  to  inquire 
into  the  expediency  of  continuing  in  our  present  attitude  before  the  coun- 
try— broken  all  in  pieces — every  enterprise,  every  industrial  movement, 
perfectly  lock*stopped.  If  gentlemen  really  deem  it  expedient  to  adopt  a 
constitution  which  shall  preserve  us  in  our  isolated  condition,  and  in  direct 
conflict  with  the  Act  of  Reconstruction,  let  them  call  upon  the  Committee 
so  to  report.  We  do  not  at  all  commit  ourselves  to  either  course  ;  we 
merely  refer  the  matter  to  the  Committee,  for  their  consideration ;  we  im- 
pose upon  the  Committee  no  obligation  to  any  course  of  action.  The 
mere  motion,  however,  will  undoubtedly  be  sufficient  for  that  purpose. 

I  cannot  disguise  the  fact  that  this  is  a  great  practical  question--one  of 
the  vital  questions  before  the  Convention, — as  to  the  extent  and  nature  of 
the  disfranchisement  to  be  determined  upon  by  this  body.  That  we  shall 
disfranchise  somebody,  there  is  no  question — that  is  a  foregone  conclusion  ; 
so  that  the  adoption  of  the  proposed  resolution  will  amount  merely 
to  directing  a  committee  to  inquire  into  the  propriety  of  doing  what  the 
proposers  know  will  be  rejected  by  the  Convention.  I  can  see  no  ob- 
jection. 

Mr.  CYPERT.  The  error  in  the  minds  of  members  of  the  Convention, 
seems  to  be  as  to  the  powers  with  which  we  are  clothed,  here,  and  the 
business  we  are  to  perform.    The  Reconstruction  Act  is  divided  into  two 
parts,  the  one  declaratory,  the  other  directory.    There  are  two  clauses 
(  236  ) 


Jan,  22d.]  AEKAIS'SAS  COlS^STITUTIO^s^AL  CONYENTIOK   [13th  Day, 


Disfranchisement.— CYPEET— DALE. 


declaratory,  viz.,  that  declaring  us  to  be  in  a  state  of  rebellion,  and  that 
placing  ns  under  military  law.  The  appointment  of  the  military  com- 
mander is  also  declaratory;  but  the  remainder  is  directory  as  to  the  pow- 
ers and  duties  of  the  commander  of  the  District.  The  Supplemental  Act, 
also,  is  directory  as  to  the  manner  of  holding  the  election,  and  so  forth. 
But  there  is  nothing  obligatory,  under  any  part  of  the  Act,  except  that 
portion  which  declares  us  under  martial  law,  and  appoints  the  commander.. 
There  is  no  clause  which  says  that  this  Convention  shall  disfranchise  any 
man.  By  way  of  directing  the  manner  of  holding  the  elections  for  the  call 
of  this  Convention,  and  for  the  ratification  of  the  Constitution,  it  provides 
that  certain  classes  alone  shall  be  competent  voters  upon  those  subjects. 
But,  sir,  we  are  not  required  to  disfranchise  individuals.  The  contingen- 
cies upon  which  we  shall  be  relieved  from  military  sway,  are,  the  ratifica- 
tion of  a  certain  constitution,  by  the  people  and  by  Congress.  There  are, 
in  all,  nine  contingencies,  upon  the  happening  of  which  we  shall  be  re- 
lieved from  our  present  condition.  Three  of  these  requisites  are  such  as 
this  Convention,  or  the  people  of  the  State  of  Arkansas,  can  have  no  con- 
trol over,  whatever.  One  requirement  of  the  Bill  is,  that  we  shall  call  a 
Legislature,  under  our  new  Constitution,  which  shall  ratify  the  Fourteenth 
Amendment  to  the  Constitution  of  the  United  States.  In  the  adoption  of 
that  amendment,  we  preclude  the  specified  classes  frovi  holding  office.  It 
does  not  preclude  them  from  the  exercise  of  the  right  to  vote,  but  merely 
from  the  right  of  holding  ofiice.  Over  that  contingency,  however,  we  can 
have  no  control.  The  other  contingencies  outside  of  the  control  of  this 
body,  or  of  the  State,  are:  first,  that  a  sufiicient  number  of  States  shall 
ratify  the  proposed  Fourteenth  Amendment,  to  make  it  a  part  of  the  Con- 
stitution; second,  that  Congress  shall  agree  to  and  ratify  the  Constitution 
which  we  present.  There  is  still  another,  which  I  do  not  at  this  moment 
call  to  mind.  Xow  wef  are  not  to  be  led  into  error  because  gentlemen  read 
the  Reconstruction  Act  incorrecti3\  Gentlemen  construe  the  declaratory 
portion  of  the  Act  as  obligatory;  whereas,  though  certain  parts  of  the 
Act  are  directory,  others,  upon  which  so  much  stress  is  laid  here,  are 
merely  declaratory. 

Mr.  DALE.  I  am  exceedingly  obliged  to  the  gentleman  from  White 
[Mr.  Cypert]  for  the  information  he  has  just  given  us  of  the  meaning  of 
plain  English.  A  word  or  two  in  regard  to  my  motive  for  having  offered 
this  resolution,  will  be  sufiicient,  as  I  did  not  come  here  to  generate  or 
blow  off'  gas — I  came  here  to  work.  My  motive  in  offering  the  resolution, 
was,  that  I  regarded  this  as  a  question  of  great  interest  and  importance  to 
the  country,  and  one  upon  which  it  behooved  us  to  take  action  at  the 
earliest  possible  day,  in  order  to  its  full,  fair,  and  thorough  investigation. 
I  was  aware,  sir,  of  the  wormwood  and  gall  that  this  proposition  would 
stir  up.    I  have  offered  it,  however,  with  a  view  to  its  thorough  investi- 

(  237  ) 


1868.] 


DEBATES  A^^D  PEOCEEDINGS  OF  THE  [Wednesday, 


Disfrancliisement.— DALE— McCLUEE—McCOWN— GREY. 


gation,  and  a  proper  consequent  report.  If  the  Committee  shall  see 
proper  to  disfranchise  the  parties  included  in  the  resolution,  let  them  so 
report.  I  have  no  ohjection  to  the  proposition  of  the  gentleman  from 
Drew  [Mr.  Matthews],  since  it  embodies  merely  the  main  features  of  the 
investigation  asked  for  by  myself,  in  relation  to  the  propriety  of  disfran- 
chising the  classes  specified,  or  any  classes. 

Mr.  McCLURE.  I  will  state  my  object,  in  presenting  the  motion  to 
reject  these  instructions.  I  do  not  pretend,  at  all,  to  answer  the  argu- 
ment presented  on  the  other  side  of  the  house — I  do  not  deem  any  answer 
necessary.  But  I  will  say  a  word  in  regard  to  the  assertion  that  one  part 
of  the  Law  is  directory,  and  the  other  is  not.  It  is  a  fact  well  known  to 
every  loyal  man  in  the  United  States,  that  the  elective  franchise  cannot 
safely  be  restored  to  those  now  disfranchised  under  the  Acts  of  Congress. 
I  say,  sir,  that  is  a  fact  well  known  to  the  loyal  men  of  all  this  country. 
I  propose  now  to  ask  this  Convention  to  place  itself  upon  record,  on  the 
question  whether  they  are  willing,  by  their  yeas  and  nays,  to  direct  that 
a  committee  of  this  body  shall  so  much  as  take  into  consideration  such  a 
question  as  is  proposed.  If  they  desire  it  to  go  back  to  their  constituency 
that  they  instructed  their  committee  to  inquire  into  the  propriety  of  such 
action,  I  have  no  objection;  but  as  for  myself,  I  propose  to  send  to  my 
constituents  no  such  record  for  their  perusal. 

Mr.  McCOW^T.  I  can  see  no  reason  why  this  whole  question  should  not 
be  investigated  by  the  proper  committee.  The  gentleman  offering  the 
original  resolution,  makes  no  objection  to  the  investigation;  and  the  ques- 
tion is  one  that  should  be  investigated  to  the  fullest  extent,  in  order  that 
we  may  get  the  benefit  of  the  united  wisdom  of  the  Convention,  upon  the 
subject.  The  question  is  one  of  great  interest;  it  is  one  upon  which  some 
of  us,  who  harmonize  upon  everything  else,  may  not  be  disposed  to  har- 
monize. I  admit — I  frankly  declare — that  I  am  in  favor  of  the  most  liberal 
Constitution  that  can  be  framed.  The  most  liberal — and  for  the  reason 
that  I  know  many  men,  now  disfranchised,  that  are  among  the  best  citi- 
zens of  our  community — men  that  are  among  those  who,  in  common  with 
myself,  long  most  for  peace.  There  can  be  no  harm  in  submitting  the 
subject  to  investigation.  As  regards  the  final  adjustment  of  the  question, 
— this  is  not  the  time  for  that.  That  will  come  up  after  the  Committee 
shall  have  made  their  report. 

Mr.  GEEY,  of  Phillips.  I  must  difi'er  from  the  gentleman  from  Ar- 
kansas [Mr.  McClure],  in  his  desire  to  reject  the  amendment.  If  I 
correctly  understood  the  object  of  the  amendment,  it  was  simply  to  direct 
an  inquiry  into  the  expediency  of  a  certain  measure.  I  am  disposed  to 
afford  this  question  the  largest  investigation,  and  to  afford  every  facility 
for  concentrating  upon  it  all  the  reflection  and  wisdom  of  the  members  of 
this  Convention,  so  far  as  possible.  It  is  one  of  vital  importance;  and  in 
(  238  ) 


Jan.  22d.]  AEKAXSAS  COXSTITUTIOXAL  COXVE^'TIOX.   [IStli  Day, 


Disfranchisement.— GEEY—MOXTGO:y:EEY— KYLE. 


order  that  we  may  reach  the  soundest  conclusion  upon  it,  I  desire  that  the 
ideas  of  every  gentleman  may  be  submitted  for  the  consideration  of  our 
Committee,  that  they  may  afford  us  all  possible  light. 

As  to  the  declaratory  portion  of  the  Acts  of  Eeconstruction,  I  am  glad 
to  see  a  disposition  to  consider  them  in  their  true  light.  One  of  those 
provisions  declares 

'•That  until  the  people  of  said  rebel  States  shall  be  by  law  admitted  to  rep- 
resentation in  the  Congress  of  the  United  States,  any  civil  government  which 
may  exist  therein  shall  be  deemed  provisional  only,  and  in  all  respects  subject 
to  the  paramount  authority  of  the  United  States  at  any  time  to  abolish,  modify, 
controb  or  supersede  the  same." 

I  am  glad,  I  was  about  to  remark,  that  gentlemen  are  willing  to  abide 
by  the  Acts  of  Congress.  It  was  asserted,  here,  that  these  declarations 
were  false  in  fact,  and  that  we  possessed  a  government  de  facto  and  dejure. 
But  it  seems  we  have  come  to  the  conclusion  that  such  is  not  exactly  the 
case :  and  in  organizing  a  government  I  hope  that  the  views  of  every  gen- 
tleman on  this  hoor  will  be  considered  in  committee,  and  the  best  consti- 
tution matured  that  can  be  produced  by  the  brains  of  this  Convention : 
and  I  believe  there  are  stifiicient  here  to  produce  a  constitution  that  shall 
bring  peace  and  prosperity  to  the  State  of  Arkansas. 

I  shall  vote  in  favor  of  the  motion  to  refer  the  amendment  to  the  Com- 
mittee on  the  Elective  Franchise. 

The  question  was  then  taken  on  the  motion  to  reject  the  amendment 
offered  by  Mr.  Matthews  ;  and,  a  division  being  called  for,  the  motion  was 
not  agreed  to, — Ayes  12,  Xoes  not  counted. 

The  PEESEDEXT.  The  question  recurs  upon  the  motion  to  refer  the 
resolution  and  amendment  to  the  Committee  on  the  Elective  Franchise. 

Mr.  MOXTGOMEEY.  Does  the  Convention  tmderstand  that  the 
resolution  offered  by  the  gentleman  from  Drew  [Mr.  Matthews]  is  an 
amendment  to  the  resolution  offered  by  the  gentleman  from  Independence 
[Mr.  Dale]  ? 

Mr.  MATTHEWS.  Yes,  sir:  mine  is  not  a  resolution  :  it  is  simply  an 
amendment. 

Mr.  KYLE  rose  to  a  point  of  order,  viz.  :  that  the  question  upon  the 
adoption  of  the  amendment  must  be  taken,  and  the  amendment  be  adopted, 
before  the  question  upon  the  reference  of  the  amendment. 

The  PEESIDEXT.  The  Chair  is  of  opinion  that  the  point  of  order  is 
well  taken.    The  question  will  be  upon  the  adoption  of  the  amendment. 

Mr.  MOXTGOMEEY.  For  one,  I  shall  be  opposed  to  the  amendment 
instructing  the  Committee  on  the  Elective  Franchise  to  inquire  into  the 

(  239  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Disfranchisement.— PIJNTNEY— BROOKS— McCLUEE— HODGES  of  Pulaski. 


expediency  of  enfranchising  every  citizen  of  the  State;  and  from  the 
reason  given  by  the  gentleman  from  Phillips  [Mr.  Brooks], — that  the 
proposition  is  simply  an  absurdity.  I  cannot  see  the  sense  of  referring  to 
the  Committee  an  absurdity,  for  the  purpose  of  an  inquiry  into  its  ex- 
pediency. I  am  opposed  to  cumbering  the  tables  of  the  committees  with 
absurdities,  in  the  shape  of  requests  for  inquiries  into  the  expediency  into 
this  or  that  preposterous  measure. 

Mr.  PUl!^TNEY.  I  seriously  object  to  this  method  of  choking  down 
the  opinions  and  propositions  of  members,  on  any  subject.  I  think  all 
have  equal  rights,  here ;  and  I  think  any  member  has  the  right  to  present 
his  views,  and  ask  for  an  investigation.  I  can  see  no  propriety  in  reject- 
ing the  proposed  amendment.  It  is  only  asked  that  the  Committee  shall 
inquire  into  the  expediency  of  adopting  certain  propositions,  and  shall 
submit  to  the  Convention  their  report  thereupon.  It  is  not  proper,  as  I 
conceive,  now  to  discuss  the  merits  of  the  question  at  issue.  The  ques- 
tion now  is,  simply  upon  the  question  of  reference.  It  does  seem  to  me 
that  that  Committee  ought  to  have  all  the  light  that  can  be  given  them. 
And  I  do  hope  that  the  members  of  the  Convention  will  evince  a  disposi- 
tion to  receive  information  and  suggestion  from  all  sources,  and  will  not 
attempt  to  choke  down  propositions  made  from  any  quarter. 

Mr.  BROOKS.  I  think  we  are  consuming  time  unnecessarily.  There 
can  be  no  necessity  of  argument  on  the  question  of  submitting  to  the 
Committee  any  suggestions  offered  for  their  consideration.  Let  the  Com- 
mittee receive  and  digest  these  considerations  submitted  for  their  action. 
Let  them  maturely  reflect  upon  the  propositions  submitted,  and  then  let 
their  action  be  reported  back  to  the  Convention,  for  its  final  action. 

Mr.  McCLURE.  We  have  just  got  to  the  point,  now,  that  I  saw  before. 
The  gentleman  from  Independence  [Mr.  Dale]  makes  his  proposition ; 
and  the  gentleman  from  Drew  [Mr.  Matthews]  proposes  an  amendment 
which,  if  adopted  by  the  Convention,  destroys  the  original  proposition. 
He  struck  out  everything  that  was  in  it.  For  that  reason  I  before  pro- 
posed to  reject  the  amendment  of  the  gentleman  from  Drew. 

Mr.  HODGES,  of  Pulaski.  I  have  listened  attentively,  and  have  heard 
the  resolution,  and  moved  its  reference.  I  do  not  understand  that  it  in- 
structs the  Committee,  at  all,— that  is,  so  far  as  to  govern  their  action.  It 
simply  instructs  them  t®  inquire  into  the  expediency  of  doing  such  and  such 
things.  The  amendment  simply  instructs  them,  in  like  manner,  to  inquire 
into  the  expediency  of  doing  something  else  in  connection  with  it,  which 
they  should  inquire  into  in  any  case, — ^whether  the  amendment  goes  to 
them  or  not.  It  is  their  duty  to  inquire  into  the  expediency  of  disfran- 
chising no  citizen;"  and  I  think  the  resolution  and  amendment  indicate 
the  wishes  of  the  gentleman  by  whom  it  was  offered.  We  must  of  course 
take  into  consideration  the  wishes  of  every  gentleman  in  this  body — 
(  240  ) 


Jan.  22d.]  AEKAISTSAS  COlSrSTITUTIO^TAL  COJ^YENTIOISr.   [13th  Day. 


DisfrancMsement.— HODGES  of  Pulaski— BKOOKS—MONTGOMEEY—GEEY. 


sooner  or  later,  we  must  do  that;  and  if  our  own  wishes  prove  not  to  be 
in  accordance  with  those  of  the  majority,  we  must  quietly  yield  to  the 
decision.  I  can  see  no  possible  reason  why  the  resolution  and  amendment 
should  not  be  referred. 

Mr.  BROOKS.  Be  it  observed,  that  the  amendment  does  not  take  the 
form  of  authoritative  action.  We  are  not  proposing  to  defeat  the  resolu- 
tion of  the  gentleman  from  Independence -[Mr.  Dale].  Were  that  the 
case,  then  the  position  taken  by  the  gentleman  from  Arkansas  [Mr.  Mc- 
Clure]  would  be  correct.  But,  really,  as  the  matter  now  stands  before 
the  Convention,  it  is  substantially  in  the  form  of  a  memorial  from  the 
gentleman  from  Independence,  and  a  counter-memorial  of  the  gentleman 
from  Drew  [Mr.  Matthews].  I  concur  with  the  gentleman  from  Pulaski 
[Mr.  Hodges],  that  it  is  perfectly  in  order  to  refer  both  to  the  appropriate 
Committee;  and  furthermore,  that  in  so  doing  we  neither  reject  the  one 
proposition  nor  adopt  the  other. 

Mr.  MOOTGOMjl]RY.  I  understand  it  to  have  been  decided  by  the 
Chair  that  the  motion  to  refer  was  out  of  order  until  after  th6  adoption  of 
the  amendment.  In  that  case  the  position  of  the  gentleman  from  Arkansas 
[Mr.  McClure]  is  correct, — that  the  amendment  strikes  out  all  the  gist  of 
the  original  resolution,  and  leaves  the  Committee  directed  merelj^  to  in- 
quire into  the  expediency  of  disfranchising  no  citizen  in  the  State.  ISTow, 
sir,  I  do  not  propose  to  request  this  Committee  to  inquire  into  the  expedi- 
ency of  any  such  thing — to  inquire,  in  other  words,  into  the  expediency 
of  opposition  to  the  Reconstruction  Laws;  for  it  seems  to  me  that  every 
gentleman  should  have  come  here  for  the  purpose  of  obeying  those  laws, 
and  acting  in  accordance  with  their  requirements.  If  any  gentlemen  did 
not  come  here  with  that  purpose,  they  have  no  business  here,  since  they 
are  not  law-abiding  citizens. 

Mr.  GREY,  of  Phillips,  dissented  from  the  view  expressed  by  Mr. 
MoNTaoMERY,  as  to  the  effect  of  the  proposed  action  upon  the  amendment. 

The  PRESIDEOT.  The  gentleman  from  Independence  [Mr.  Dale] 
offered  a  resolution  directing  the  Committee  on  the  Elective  Franchise  to 
inquire  into  the  expediency  of  disfranchising  cei  tain  classes  of  persons. 
The  gentleman  from  Drew  [Mr.  Matthews]  offered  an  amendment  to 
that  resolution,  directing  the  Committee  to  inquire  into  the  expediency  of 
disfranchising  no  one.  The  Chair  was  about  to  put  the  motion,  which 
was  submitted,  for  the  reference  of  both  resolution  and  amendment.  But 
the  gentleman  from  Dallas  [Mr.  Kyle]  raised  a  point  of  order,  which  the 
Chair  decided  to  have  been  well  taken, — that  the  question  arose — imme- 
diately on  the  presentation  and  seconding  of  the  amendment — upon  the 
adoption  of  the  amendment,  before  the  question  of  reference  should  be  put. 

Mr.  HODG-ES,  of  Pulaski.  If  in  voting  for  this  amendment  we  are  to 
give  assent  to  its  doctrine,  I  shall  vote  against  it.    But  I  suppose  the  in- 

16  (  241  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Disfranchisement.— SNYDER— GEE  Y—BEOOKS. 


tention  is,  to  refer  the  whole  subject  to  the  Committee.  E"ow,  if  it  is  proper 
to  refer  the  one  resolution,  without  adopting  its  propositions,  it  must,  I 
take  it,  be  equally  proper  so  to  refer  the  other. 

Mr.  S^TYDER.  I  would  inquire  of  the  Chair  the  precise  attitude  of  the 
question  now  before  the  Convention. 

The  PRESIDENT.  The  question  is  upon  the  adoption  of  the  amend- 
ment to  the  resolution  of  the  gentleman  from  Independence  [Mr.  Dale]. 
But  the  resolution  of  the  gentleman  from  Independence  is,  simply,  to  refer, 
to  the  Committee  on  the  Elective  Franchise,  an  inquiry  into  the  expe- 
diency of  certain  measures. 

Mr.  Sl^YDER.  If  I  understood  the  phraseology  of  the  amendment,  it 
proposes  to  inquire  into  the  expediency  of  disfranchising  no  one.  If  that 
amendment  is  adopted,  we  adopt  a  different  proposition  from  that  of  the 
gentleman  from  Independence. 

The  PRESIDEOT  Precisely. 

Mr.  Si^YDER.  Then  the  duty  imposed  upon  the  Committee,  is,  to  de- 
cide upon  the  expediency  of  disfranchising  no  one.  I  will  ask  the  Con- 
vention whether  they  are  prepared,  at  this  time,  to  inquire  into  the  expe- 
diency of  female  and  infant  suffrage.  I  did  not  think  that,  even  with  the 
advanced  ideas  of  the  age,  we  were  ready  to  consider  that  subject — and  I 
suppose  the  phraseology  implies  that  much. 

The  PRESIDENT.  The  amendment  of  the  gentleman  from  Dallas  [Mr. 
Kyle],  striking  out,  after  "no,"  the  word  ''one,"  and  inserting,  instead 
thereof,  the  word  "  citizen,"  w^as  accepted. 

Mr.  SNYDER.  Take  it  thus,  then.  The  question  is,  in  the  present 
attitude  of  the  laws  under  which  we  are  acting,  and  in  view  of  all  the 
facts,  who  are  citizens?  I,  for  one,  have  endeavored  to  be  quiet  on  these 
subjects,  and  to  say  but  little  about  them;  but,  as  the  gentleman  from 
Arkansas  [Mr.  McClure]  remarked,  I  am  not  willing  to  have  it  go  upon 
record  that  I  either  endorse,  or  am  willing  to  enter  upon  the  consideration 
of,  a  proposition  looking  to  a  direct  conflict  with  the  provisions  of  the  laws 
under  which  we  are  acting.  Neither  do  I  believe  that  the  Committee  has 
the  disposition  to  take  into  consideration  any  such  proposition.  I  was 
therefore  in  favor  of  the  rejection  of  the  amendment.  I  still  think,  too, 
that  the  Committee  would  find  it  very  difficult  to  define  the  term  "  citizen," 
at  present;  and  even  if  that  word  was  inserted  as  an  amendment,  the 
phraseology  would  certainly  devolve  upon  that  Committee  the  duty  of  de- 
ciding upon  the  question  of  female  and  infant  suffrage  in  the  State — a 
duty  with  which  I  am  not  disposed  to  charge  them. 

Messrs.  GREY,  of  Phillips,  and  BROOKS,  inquired  whether  the  amend- 
ment operated  as  an  amendment  to  the  motion  to  refer. 

The  PRESIDENT.  It  does. 

Mr.  BROOKS.  In  that  attitude  of  the  matter,  I  think  we  should  not 
(  242  ) 


Jan.  22d.]   AEKAIS^SAS  COXSTITUTIO:j^AL  CONYE^^TION.  [13th  Day. 


Disfranchisement.— GEJS'EEAL  DEBATE. 


vote  for  its  adoption.  I  understand  the  idea  of  the  gentleman  from  Drew 
[Mr.  Matthews]  is,  to  amend  the  resolution.  If  it  is  not,  then  the  subject 
before  us  for  amendment  is  the  motion  to  refer, — not  this  document  upon 
the  table.  The  motion  before  the  Convention,  as  I  understand  it,  is,  to 
refer.  Then  th^e  is  a  motion  to  amend  that  motion — not  to  amend  this 
document,  at  all. 

The  PRESIDEI^T.  The  Chair  is  of  opinion  that  the  point  of  order 
raised  by  the  gentleman  from  Phillips  [Mr.  Brooks],  is  well  taken.  The 
form  in  which  the  question  was  permitted  to  arise,  rendered  its  attitude 
before  the  Convention  somewhat  anomalous.  The  Chair  has  been  glad 
to  listen  to  the  suggestions  of  members  upon  the  point;  and  upon  the 
views  presented,  now  overrules  its  previous  decision. 

Mr.  MATTHEWS  then  withdrew  his  amendment. 

The  question  was  then  taken  on  tlie  motion  to  refer  the  resolution,  offered 
by  Mr.  Dale,  to  the  Committee  on  the  Elective  Franchise ;  and  the  motion 
was  agreed  to. 

Mr.  HATFIELD  offered  the  following  resolution  : 

Resolved:  That  the  Committee  od  Elective  Franchise  be  instructed  to  dis- 
franchise all  men  who  were  engaged  in  rebellion  up  to  4th  July,  1864. 

Mr.  BROOKS  moved  that  the  resolution  be  referred  to  the  Committee 
on  the  Elective  Franchise. 

Mr.  MATTHEWS  offered  the  following,  as  an  amendment  to  the  reso- 
lution : 

Resolved :  That  the  Committee  on  Elective  Franchise  be  instructed  to  in- 
quire into  the  expediency  of  disfranchising  no  citizen  for  participation  in  any 
past  rebellion.  ' 

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order.  The  motion  was 
made,  to  refer. 

Mr.  MATTHEWS.  Was  that  the  case  ? 

The  PPESIDEOT.  That  was  the  case. 

Mr.  MATTHEWS.  Then  I  withdraw  my  amendment. 

Mr.  CYPEPT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  HIXDS  moved  to  amend  the  resolution  by  inserting,  after  the 
words  "  instructed  to,"  the  words  inquire  into  the  propriety  of,"  and  to 
strike  out  the  word  "  disfranchise,"  and  insert,  instead  thereof,  the  word 

disfranchising." 

The  PRESIDE]:^s"T  did  not  entertain  the  amendment. 
Mr.  BEASLEY.  Would  it  be  in  order  to  move  to  lay  the  resolution 
upon  the  table  ?    If  so,  I  offer  that  motion. 

(  243  ) 


1868.] 


DEBATES  AND  PEOCEEDIlSrGS  OF  THE  [Wednesday, 


Disfranchisement.— GENEEAL  DEBATE. 


The  PRESIDEI^T.  The  question  is  upon  the  reference  of  the  resolu- 
tion to  the  Committee  on  Elective  Franchise. 

Mr.  CYPERT.  I  rise  to  call  the  attention  of  some  gentlemen  to  re- 
marks made,  heretofore,  upon  this  floor.  I  hope  there  is  no  gentleman 
very  proscriptive.  Some  have  claimed  they  were  not  proscriptive.  I  hope 
there  are  not  many  men  in  this  Convention,  willing  to  proscribe  citizens 
of  the  United  States. 

Mr.  KYLE.  Does  the  gentleman  from  Columbia  [Mr.  Beasley]  pro- 
pose to  lay  on  the  table  the  motion  to  refer,  or  the  resolution  ?  i 

Mr.  BEASLEY.  I  see  I  was  misunderstood.  I  did  not  understand, 
from  the  fact  that  the  gentleman  [Mr.  Brooks]  spoke  in  a  low  tone,  that 
he  made  a  motion  to  refer  the  resolution.  I  did  move  to  table  the  reso- 
lution. 

Mr.  McCOWl^.  I  move  to  lay  on  the  table  the  motion  to  refer. 

Mr.  BROOKS,  by  consent,  withdrew  the  motion  to  refer  the  resolution 
to  the  Committee  on  the  Elective  Franchise. 

Mr.  BEASLEY.  There  can,  then,  I  suppose,  be  no  question  as  to  the 
motion  to  lay  upon  the  table  being  in  order  ? 

Mr.  BROOKS.  That  motion  is  not  debatable.  But  I  do  not  like  to 
see  any  proposition  of  this  kind  tabled.  It  should  go  to  the  Committee, 
for  their  action. 

Mr.  CYPERT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken  on  the  motion  to  lay  the  resolution  on  the 
table;  and  it  was  decided  in  the  negative, — Yeas  25,  E'ays  35,  as  follows : 

Yeas  :  Messrs.  Beasley,  Cypert,  Diivall,  Evans,  Gantt,  Hicks,  Hoge,  Hollis, 
Houghton,  Kyle,  Mason,  Matthews,  Merrick,  McCown,  Owen,  Rector,  Rey- 
nolds, Eounsaville,  Sarber,  Shoppach,  Snyder,  Yan  Hook,  Walker,  Wilson,  and 
Wright— 25. 

Nays:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Gray  of  Jeffer- 
son, Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges  of 
Crittenden,  Hodges  of  Pulaski,  Hutchinson,  Langley,  Mallory,  Misner,  Mill- 
saps,  Montgomery,  Murphy,  McClure,  Oliver,  Poole,  Portis,  Priddy,  Raw- 
lings,  Sams,  Scott,  Smith,  White,  Williams,  Wyatt,  and  the  President — 35. 

So  the  Convention  refused  to  lay  the  resolution  upon  the  table. 

Mr.  HATFIELD  asked  unanimous  consent  to  withdraw  his  resolution. 
'No  objection  being  made, 

Mr.  HATFIELD  withdrew  the  resolution,  and  offered  the  following : 

Resolved:  That  the  Committee  on  Elective  Franchise  be  instructed  to  in- 
quire into  the  expediency  of  disfranchising  all  men  who  were  engaged  in 
rebellion  up  to  4th  of  April,  1864. 
(  244  ) 


t 

Jan.  22d.]  AEKAI^SAS  COIS'STITUTIOIS^AL  CO^sWEIstTIOI^.   [13th  Day. 


Boundary  Line  of  Ouachita  and  Calhoun  Counties — Days  of  Absence. 


Mr.  HODGrES,  of  Pulaski,  moved  that  the  resolution  be  referred  to  the 
Committee  on  the  Elective  Franchise. 
The  question  was  taken ;  and  the  motion  was  agreed  to. 

Mr.  BRASHEAR  offered  the  following  resolution  : 

Resolved :  That  the  Committee  on  Elective  Franchise  be  instructed  to  inquire 
into  the  expediency  of  disfranchising  all  men  that  opposed  reconstruction. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  resolution  be  referred  to  the 
Committee  on  the  Elective  Franchise. 

The  question  was  taken;  and  the  motion  was  agreed  to. 

BOUNDARY  LINE  OF  OUACHITA  AND  CALHOUN  COUNTIES. 

Mr.  HOLLIS  offered  the  following  resolution  : 

Resolved :  That  the  Committee  on  Boundaries  be  instructed  to  report  an 
ordinance  to  change  the  line  between  Ouachita  and  Calhoun  Counties  for  the 
distance  of  about  twelve  miles,  and  place  it  on  the  range  line  between  15  and 
16,  which  will  make  the  latter  County  of  constitutional  dimensions,  and  better 
define  the  boundary. 

Mr.  SMITH  moved  that  the  resolution  be  referred  to  the  Committee  on 
Boundaries. 

Mr.  HE^DS  moved  to  amend  the  resolution  by  inserting,  after  the  words 
"instructed  to,"  the  words  "  inquire  into  the  expediency  of,"  and  to  strike 
out  the  word  "report,"  and  insert,  instead  thereof,  the  word  "reporting." 

Mr.  HOLLIS  accepted  the  amendment. 

Mr.  WILSON"  moved  to  amend  by  adding  the  following : 

Resolved,  further :  That»Messrs.  Hollis  and  Portis  be  added  to  the  Commit- 
tee on  Boundaries. 

Mr.  HODGES,  of  Pulaski,  understood  the  Chair  to  have  decided  that 
the  Committees  were  already  full. 

The  PRESIDED.  Under  the  rules,  no  additions  will  be  made  to  the 
Committees. 

The  question  was  then  taken  on  the  resolution  as  amended ;  and  the 
resolution  was  adopted. 

DAYS  OF  ABSENCE. 

Mr.  HI]N"DS  offered  the  following  resolution : 

Resolved :  That  no  member  of  this  Convention  shall  receive  per  diem  for 
days  of  absence  (except  when  absent  sick.) 

The  question  was  taken;  and  the  resolution  was  adopted. 

(  245  ) 


1868.] 


DEBATES  A^TD  PEOCEEDmGS  OF  THE  [Thursday, 


Leave  of  Absence. 


LEAVE  OF  ABSENCE. 

Mr.  CYPERT  asked  leave  of  absence  for  Mr.  Bradley,  who  was  con- 
fined to  his  room  by  sickness. 

The  SECRETARY  stated  that  Mr.  Bradley  had  appeared  on  the 
Journal,  throughout  his  absence,  as  absent,  sick. 

'No  objection  being  made, 

Leave  of  absence,  during  illness,  was  granted  Mr.  Bradley. 
Mr.  BROOKS  moved  that  the  Convention  adjourn. 
The  question  was  taken;  and  the  motion  was  agreed  to; 
And  thereupon,  at  12.30,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Thursday,  January  23d, 


FOURTEENTH  DAY. 

Thursday,  January  2M,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called;  and  the  following  members  answered  to  their 
names: 

Messrs.  Beasley^  Belden,  Bell,  Brashear,  Brooks^  Coates,  Corbell,  Cypert, 
Duvall,  Dale,  Evans,  Exon,  Gantt,  G-ray  of  Jefferson,  G-rey  of  Phillips,  Harri- 
son, Hatfield,  Hawkins,  Hicks,  Hinds^  Hinkle^  Hollis,  Hodges  of  Crittenden, 
Hodges  of  Pulaski,  Hoge,  Houghton,  Hutchinson,*  Kyle,  Langley,  Mallory, 
Mason,  Matthews^  Merrick,  Misner,  Millsaps^  Montgomery^  Murphy^  McCown, 
McOlure,  Oliver,  Owen,  Poole,  Portis,  Priddy,  Puntney,  Eawlings,  Rector, 
Reynolds,  Rounsaville,  Sams,  Samuels,  Sarber,  Scott,  Shoppach,  Sims,  Smith, 
Snyder,  Yan  Hook,  Walker,  Wilson,  White,  Williams,  Wright,  Wyatt,  and  the 
President. 

Sick.— Messrs.  Bradley  and  Johnson. 

A  quorum  being  present : 

The  Journal  of  the  preceding  day  was  read  and  approved. 

The  PRESIDENT.  The  Chair  would  remark,  for  the  information  of 
gentlemen,  that  such  members  as  are  not  present  at  the  calling  of  the  roll, 
to  answer  to  their  names,  are  marked  as  absent,  and,  under  the  operation 
of  the  rule  adopted  by  the  Convention,  will  probably  lose  their  per  diem. 

A  MEMBER.  What  may  be  the  effect  of  that  resolution, — whether  or 
not  it  is  to  operate  ex  post  facto, — I  do  not  know.  Another  gentleman  and 
myself  were  absent,  on  the  morning  ,of  the  16th,  when  the  roll  was  called, 
(  246  ) 


Jan.  23d.]  AEKAi^SAS  CO^^STITUTIOJ^AL  CONTENTION.  [14th  Day. 


Asylum  for  Deaf  Mutes. — Impeachment  and  Eemoval  from  Office. 


and  afterward  came  in.    I  am  not  aware,  and  would  like  to  be  informed, 
whether  or  not  the  resolution  applies  to  a  case  of  that  kind. 
The  PEESIDENT.    The  resolution  was  not  then  adopted. 

ASYLUM  FOR  DEAF  MUTES — AGAIN. 

The  presentation  of  petitions  and  memorials  being  in  order, 

Mr.  CORBELL  laid  before  the  Convention  a  communication  received 
by  him  from  Mr.  Joseph  Mount,  Principal  of  the  School  for  the  Educa- 
tion of  Deaf  Mutes,  in  the  city  of  Little  Rock,  relative  to  State  aid  for 
the  education  of  the  deaf  and  dumb;  which  was  read  by  the  Secretary. 

Mr.  CORBELL  moved  that  the  communication  be  referred  to  the  Com- 
mittee on  Education. 

The  question  was  taken;  and  the  motion  was  agreed  to. 

impeachment  and  removal  from  office. 

The  reports  of  standing  committees  being  in  order, 
The  following  Report  was  presented: 

EEPOKT  OF  COMMITTEE  ON  IMPEACHMENT  AND  EEMOVAL  EKOM 

OEFICE. 

Section  One.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment. 

Section  Two.  The  Senate  shall  have  the  sole  power  to  try  impeachments. 
When  sitting  for  that  purpose  they  shall  he  on  oath  or  affirmation  to  do  jus- 
tice according  to  law  and  evidence.  When  the  Governor  shall  be  tried,  the 
Chief  Justice  of  the  Supreme  Court  shall  preside;  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  all  the  Senators  elected ;  and 
for  reasonable  cause  which  shall  not  be  sufficient  ground  for  impeachment,  the 
Governor  shall,  on  the  joint  address  of  two-thirds  of  each  branch  of  the  legis- 
lature, remove  from  office  the  Judges  of  Supreme  and  inferior  Courts;  Provided, 
the  cause  or  causes  of  removal  be  spread  on  the  journals,  and  the  party  charged 
be  notified  of  the  same,  and  heard  by  himself  and  counsel  before  the  vote  is 
finally  taken  and  decided. 

Section  Three.  Judgments  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office  and  to  disqualification  to  hold  and  enjoy  any  office 
of  honor,  profit,  or  trust  under  this  State;  but  the  party  convicted  shall  never- 
theless be  liable  to  indictment,  trial,  and  punishment,  according  to  law. 

Section  Four.  The  Governor,  and  all  civil  officers  of  the  State,  shall  be  re- 
moved from  office,  on  impeachment  for^  and  conviction  of,  treason^  bribery,  or 
other  high  crimes  and  misdemeanors. 

Section  Five.  The  Secretary  of  State  shall  be  the  clerk  of  this  court. 

By  the  Committee. 

(  247  ) 


1868.] 


DEBATES  AISTD  PEOCEEDmGS  OF  THE 


[Thursday, 


Keport  of  Committee  on  Banking,  and  Corporations  other  than  Civil. 


Mr.  HIITDS  moved  that  the  Report  be  laid  upon  the  table,  that  one 
hundred  copies  be  printed  for  the  use  of  the  members  of  the  Convention, 
and  that  it  be  made  the  special  order  of  the  day  for  Tuesday,  January  28th. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 


BANKING,  AND  CORPORATIONS  OTHER  THAN  MUNICIPAL. 

Mr.  McCOWIT,  from  the  Committee  on  Banking,  and  Corporations 
other  than  Municipal,  presented  the  following  Report : 

EEPOET  OF  COMMITTEE  O^iT  BANKING,  AND  COEPOKATIONS  OTHER 

THAN  MUNICIPAL. 

The  Committee  on  Banking,  and  Corporations  other  than  Municipal,  beg 
leave  to  present  the  following  report  : 

Be  it  ordained  hy  the  people  of  the  State  of  Arkansas^  in  Convention  assembled  : 

Section  One.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  special  act,  except  for  municipal  purposes,  and  in  cases  where, 
in  the  judgment  of  the  Legislature,  the  object  of  the  corporation  cannot  be 
attained  under  general  laws.  All  general  laws  and  special  acts  passed  pur- 
suant to  this  section,  may  be  altered  from  time  to  time,  or  repealed. 

Section  Two.  Dues  from  corporations  shall  be  secured  by  such  individual 
liability  of  the  corporators,  and  other  means,  as  may  be  prescribed  by  law. 

Section  Three.  The  term  corporation,  as  used  in  this  article,  shall  be  con- 
strued to  include  all  associations  and  joint  stock  companies  having  any  of  the 
powers  and  privileges  of  corporations,  not  possessed  by  individuals,  or  partner- 
ships. And  all  corporations  shall  have  the  right  to  sue,  and  shall  be  subject 
to  be  sued,  in  all  courts,  in  like  cases  as  natural  persons. 

Section  Four.  The  Legislature  shall  have  no  power  to  pass  any  act  grant- 
ing any  special  charter  for  banking  purposes ;  but  corporations  or  associations 
may  be  formed  for  such  purposes  under  general  laws. 

Section  Five.  The  Legislature  shall  have  no  power  to  pass  any  act  sanc- 
tioning in  any  manner,  directly  or  indirectly,  the  suspension  of  lawful  money 
of  the  United  States  of  America  payments,  by  any  person,  association  or  cor- 
poration, issuing  bank  notes  of  any  description. 

Section  Six.  The  Legislature  shall  provide  by  law  for  the  registry  of  all 
bills  or  notes  issued  or  put  in  circulation  as  money,  and  shall  require  ample 
security,  deposited  in  the  Treasury  of  the  State,  for  the  redemption  of  the  same 
in  the  lawful  money  of  the  United  States  of  America. 

Section  Seven.  The  stockholders  in  every  corporation  and  joint  stock  as- 
sociation for  banking  purposes,  issuing  bank  notes,  or  any  kind  of  paper  credits, 
to  circulate  as  money,  after  the  adoption  of  this  Constitution  by  the  people, 
shall  be  individually  and  collectively  responsible  for  all  its  debts  and  Habilities 
(  248  ) 


Jan.  23d.]   AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.   [14th  Day. 


Eeport  on  Izard  County  Election. 


of  every  kind,  contracted  after  the  said  adoption,  by  the  people,  of  this  Con- 
stitution. 

Section  Eight.  In  the  case  of  the  insolvency  of  any  bank  or  banking  as- 
sociation, the  bill-holders  thereof  shall  be  entitled  to  preference  in  payment, 
over  all  other  creditors  of  such  bank  or  association. 

G.  ^Y.  AIcCowN, 

Chairman  Committee. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Report  be  laid  upon  the 
table,  that  one  hundred  copies  be  printed  for  the  use  of  members,  and 
that  it  be  made  the  special  order  of  the  day  for  Wednesday,  January  29th. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

IZAKD  COUNTY  ELECTION. 

Mr.  SARBER,  on  behalf  of  the  Committee,  presented  the  following 

EEPOET  or  COMMITTEE  ON  ELECTION'S, 

On  the  claim  of  Mr.  L.  D.  Toxet,  to  a  seat  in  the  Convention  as  delegate  from 

Izard  County. 

To  the  Constitutional  Convention  of  the  State  of  Arkansas : 

Your  Committee  on  Elections,  to  whom  was  referred  the  application  of  L. 
D.  ToNET.for  a  seat  in  this  Convention  as  a  delegate  from  the  County  of  Izard, 
have  had  the  same  under  consideration,  and  beg  leave  to  report :  That  it  ap- 
pears from  the  testimony  and  papers  submitted  to  the  Committee,  that  one  W. 
W.  Adams  is  the  delegate  elect  to  this  Convention  from  said  County  of  Izard; 
that,  while  the  said  To^'EY  had  reasonable  grounds  for  believing  that  he  had 
been  duly  elected  as  delegate  for  said  County,  the  returns  of  said  County  show 
a  different  result;  and  in  view  of  the  fact  that  the  said  L.  D.  Toxey  came  here 
believing  that  he  had  been  duly  elected,  and  that  it  was  his  duty  to  be  here,  in 
the  opinion  of  your  Committee  he  is  entitled  to  mileage  in  coming  to  and  return- 
ing from  this  City.  Your  Committee,  therefore,  beg  leave  to  submit  and  recom- 
mend the  adoption  of  the  subjoined  resolution,  and  ask  to  be  discharged  from 
the  further  consideration  of  the  subject.    All  of  which  is  respectfally  submitted . 

Jno.  i^.  Sarber, 

Chairman. 

Besolved :  First,  That  AY.  "\Y.  Adams,  having  been  duly  elected  as  delegate 
to  this  Convention  from  the  County  of  Izard,  is  entitled  to  a  seat  in  this  body, 
and  that,  on  his  taking  the  oath  heretofore  prescribed,  he  be  admitted  to  the 
same. 

Resolved:  Second,  That  L.  D.  Toney  be,  and  is  hereby,  declared  to  be  en- 
titled to  mileage  in  coming  to  and  returning  from  the  City  of  Little  Eock,  and 

(  249  ) 


1868.]  DEBATES  AKD  PEOCEEDINGS  OF  THE  [Thursday, 

Eeport  of  Committee  on  Belief  for  Poor  of  the  State.— BEOOKS. 


that  the  Secretary  of  this  Convention  be,  and  is  hereby,  instructed  to  issue  to 
him  the  certificate  necessary  to  enable  him  to  collect  the  same. 

Mr.  SARBER,  in  presenting  the  Report,  asked  that  the  Committee 
might  be  discharged  from  the  further  consideration  of  the  subject. 
By  consent,  the  Committee  was  so  discharged. 
Mr.  GAI^TT  moved  that  the  Report  be  adopted. 
The  question  was  taken,  and  the  motion  was  agreed  to. 

RELIEF  FOR  THE  POOR  OF  THE  STATE. 

The  reports  of  select  committees  being  in  order, 

Mr.  BROOKS,  from  the  Select  Committee  appointed  to  devise  measures 
for  the  relief  of  the  suffering  poor  of  Arkansas,  presented  the  following 

BEPOBT  OF  COMMITTEE  ON  BELIEF. 

Your  Committee  have  elicited  the  following  facts.  In  many  of  the  counties 
large  numbers  of  persons  are  severely  pressed  for  food,  being  well-nigh  desti- 
tute of  meat.  In  other  counties,  where  the  crop  of  the  last  season  consisted 
chiefly  of  cotton,  startling  destitution  prevails.  Gaunt  famine  stalks  abroad  ! 
the  people  are  crying  out  for  bread.  They  are  ready  and  willing  to  labor,  but 
employment  cannot  be  obtained.  The  usual  agencies,  county  courts  and  public 
benevolence,  seem  quite  insufficient  to  meet  this  crying  demand  for  the  neces- 
saries of  life. 

Your  Committee  have  thus  far  been  unable  to  reach  any  satisfactory  conclu- 
sion as  to  the  more  efficient  scheme  for  meeting  this  exigency.  They  there- 
fore ask  that  this  brief  statement  of  the  situation  be  submitted  to  the  consid- 
eration of  the  Convention,  in  Committee  of  the  Whole. 

Joseph  Brooks, 

Chairman. 

Mr.  BROOKS,  in  presenting  the  Report,  said:  I  would  be  gratified  by 
the  privilege  of  saying  that  we  have  taken  pains  to  elicit,  to  the  utmost 
extent  practicable,  information  from  all  parts  of  the  State.  The  remarks 
which  appear  in  the  Report  are  not  applicable  to  all  portions  of  the  State ; 
but  the  picture  presented  is  perhaps  under-drawn  as  respects  some  coun- 
ties. Various  suggestions  have  been  submitted,  by  members  of  the  Con- 
vention and  benevolent  citizens  who  have  by  request  met  with  the  Com- 
mittee ;  but  we  have  been  utterly  unable  to  satisfy  ourselves  in  regard  to 
the  line  of  policy  to  be  pursued :  and  believing  that  every  member  of  the 
Convention,  and  inhabitant  of  the  country,  can  but  feel  a  lively  interest 
in  this  subject,  we  thought  it,  upon  consultation,  advisable,  for  the  pur- 
pose of  eliciting  the  greatest  possible  amount  of  information,  and  secur- 
(  250  ) 


Jan.  23d.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [14tli  Day. 


Public  ConveTances — Permanent  Location  of  Preedmen. 


ino-  the  most  deliberate  and  efficient  action,  that  we  shouhJ  ask  the  Con- 
vention  to  consider  the  subject  in  Committee  of  the  Whole,  in  order  that, 
if  possible,  some  satisfactory  scheme  might  be  marked  out. 

Mr.  CYPERT.  As  one  of  the  Committee,  I  Tvould  state  that  we  have 
investigated,  as  the  Chairman  has  stated,  as  far  as  we  were  able ;  and  have 
been  unable  to  arrive  at  any  practicable  mode  of  affording  relief;  and  that 
for  this  reason,  as  mentioned  by  the  Chairman,  we  ]3ropose  to  present  the 
subject  to  the  members  of  the  Convention,  for  general  consultation.  With 
a  view  to  that  end,  I  move  that  the  Report  lie  upon  the  table  until  the 
regular  order  of  business  shall  be  disposed  of,  then  to  be  taken  up. 

The  question  was  taken,  on  the  motion  that  the  Report  be  laid  upon  the 
table  till  after  the  regular  order  of  business  should  be  disposed  of;  and 
the  motion  was  agreed  to. 

PUBLIC  CONVEYANCES. 

Motions,  resolutions,  and  notices  beiug  in  order, 
Mr.  WHITE  offered  the  followins^  resolution : 

Besolved :  That,  whereas  the  public  carriers  and  owners  of  public  convey- 
ances in  the  State  of  Arkansas,  persistently  refuse  the  ordinary  accommodations 
to  citizens  of  said  State, 

Therefore  he  it  resolved :  That  the  public  carriers  are  the  public  servants,  and 
that  a  refusal  to  perform  their  duties  in  carrying  or  transporting  all  citizens 
upon  the  same  terms,  and  subject  to  the  same  rules  and  regulations,  is  an  out- 
rage upon  the  citizens  of  this  State  : 

And  be  it  resolved :  That  this  body  recommend  that  the  Legislature  pass  an 
act  making  such  refusal  to  carry  or  transport  citizens  over  the  public  high- 
ways of  travel,  subject  only  to  the  general  rules  governing  all  others  on  the 
various  routes  or  modes  of  carrying,  conveying,  or  transporting  passengers,  a 
penal  offence. 

Mr.  SMITH  moved  that  the  resolution  be  referred  to  the  Committee  on 
Memorials  and  Ordinances. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

PERMANENT  LOCATION  OF  FREEDMEN. 

Mr.  GREY,  of  Phillips,  offered  the  following  resolution  : 

Jtesolved :  That  the  Committee  appointed  to  examine  into  the  condition  of 
the  suffering  poor  of  the  State,  and  to  report  a  memorial  to  Congress  asking 
aid  for  the  same,  be  instructed  to  consider  a  plan  by  which  Government  aid 
may  assist  in  the  permanent  location  of  the  freedmen,  in  the  counties  or  dis- 

(  251  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Keport  on  Ashley  County  Election. 


tricts  where  there  are  tracts  of  Government  lands  subject  to  entry,  under  the 
Homestead  laws  of  Congress,  for  settlement,  and  make  said  lands,  and  improve-^ 
mentsmade  thereon,  security  for  the  amount  of  six  months'  provisions,  advanced 
to  the  actual  settler  thereon,  payable  to  the  Government  two  years  after  date 
of  receipt. 

Mr.  CYPERT.  Is  the  resolution  one  calling  for  inquiry  into  the  expe- 
diency of  the  proposed  action,  or  is  it  a  direct  instruction  ? 
The  SECRETARY  read  the  resolution. 

Mr.  HEN^DS  moved  that  the  resolution  be  referred  to  the  Committee  on 
Memorials  and  Ordinances. 
The  resolution  was  so  referred. 

ASHLEY  COUNTY  ELECTION — AGAIN. 

Mr.  SARBER,  from  the  Committee  on  Elections,  asked  leave  to  present 
the  Report  of  said  Committee  on  the  claims  of  Messrs.  ISTorman  and 
Moore  to  seats  in  the  Convention  as  delegates  from  Ashley  Couiity. 

No  objection  being  made, 

Mr.  SARBER  submitted  the  following 

REPORT  OF  COMMITTEE  ON  ELECTIONS,  UPON  THE  ASHLEY  COUNTY  ELECTION. 

To  the  Constitutional  Convention  of  the  State  of  Arkansas  : 

Your  Committee  on  Elections,  to  whom  was  referred  the  cases  of-  Messrs. 
I^ORMAN  and  MooRE,  holding  certificates  of  election  from  the  military  Com- 
mander, as  delegates  from  Ashley  County,  and  whose  right  to  their  seats  in 
this  Convention  is  contested,  beg  leave  to  submit  the  following  Report : 

As  the  right  and  power  of  this  Convention  to  investigate  the  facts  involved 
in  the  contest  in  these  cases  have  been  questioned,  your  Committee  would  say 
that  they  entertain  no  doubt  of  the  power  and  competency  of  the  Convention 
to  decide  as  to  the  qualifications  of  its  own  members,  and  consequently  of  its 
power  and  duty  to  inquire  into  the  facts  connected  with  their  election. 

A  certificate  of  election  being  merely  prima  facie  evidence  of  title  to  a  seat, 
is  not  conclusive  upon  the  Convention  ;  but  its  regularity  and  validity  may  be 
inquired  into ;  and  if,  upon  examination,  fraud,  violence,  or  mistake,  have 
occurred  in  the  election,  it  may  be  set  aside  or  disregarded,  and  the  member 
whose  case  is  thus  affected  be  refused  a  seat;  or  if  he  has  already  obtained  a 
seat  on       prima  facie  evidence,  it  may  be  contested,  and  he  be  rejected. 

This  power  of  inquiring  into  the  regularity  of  the  election  and  qualifications 
of  their  own  members  is  no  new  doctrine,  but  is  a  power  necessarily  inherent 
in  all  such  bodies  as  this  Convention.  This  power  is  repeatedly  exercised  by 
the  i^ational  Congress,  and  is  necessary  to  the  security  and  protection  of  this 
and  all  similar  bodies. 

Your  Committee  have  had  several  witnesses  sworn  before  them,  whose  testi- 
mony very  clearly  discloses  that  not  only  fraud,  but  violence,  threats,  and 
intimidation,  took  place  at  the  election  for  delegates  in  Ashley  County.  While 
(  252  ) 


Jan.  23d.]  AEKAISTSAS  CO^^-STITUTIOXAL  COXYE^^-TIOX   [lith  Day. 


Minority  Eeport  on  Ashley  County  Election. 


the  election  was  conducted  fairly  in  some  precincts,  in  others  manifest  fraud, 
violence,  a*nd  intimidation,  were  used  toward  voters,  in  which  the  military  sub- 
ordinates and  Deputy  Sheriffs  seem  to  have  been  participants.  Colored  voters, 
in  some  of  the  precincts,  were  threatened  and  intimidated  in  various  ways. 
Some  were  threatened  that  they  would  be  killed  and  left  in  the  swamps,  and 
others  that  they  would  be  discharged  by  their  employers,  and  should  not  receive 
the  wages  due  them,  if  they  voted  for  a  Convention ;  and  others  still  more 
purposely  deceived,  by  statements  calculated  to  impose  upon  them  or  prevent 
them  from  voting.  This  fear  or  intimidation  was  not  confined  alone  to  the 
colored  voters,  for  white  men  complained  that  because  of  threats,  and  exhibitions 
of  violence,  on  the  part  of  certain  parties,  they  were  deterred  from  going  to  the 
polls  to  vote. 

While,  therefore,  there  is  no  doubt  in  .the  minds  of  your  Committee  as  to  the 
truth  (ff  these  general  facts,  and  that  the  election  for  delegates  in  Ashley  County 
was  conducted  in  the  lawless  and  reprehensible  manner  described,  yet,  in  view 
of  the  time  required,  and  the  expense  and  difficulty  of  sending  for  additional 
witnesses  and  papers,  they  recommend  that  Messrs.  ^N'orman  and  Moore  be 
admitted  to  seats  as  delegates  in  this  Convention,  and  the  contestant,  Mr.  Har- 
bison, allowed  mileage  for  his  attendance;  and  beg  to  be  discharged  from  the 
further  consideration  of  this  subject. 

Very  respectfully, 

John       Sarber,  Chairman. 

James  Hinds, 

J.  W.  Hutchinson, 

S.  W.  Mallory, 

[I  concur  in  this  Eeport  except  so  far  as 
regards  the  recommendation  of  allowing 
mileage  to  the  contestant.] 

Egbert  Hatfield, 
a.  W.Dale. 

[For  the  testimony  appended  to  this  Eeport,  see  Appendix.] 

Mr.  GAiTTT,  from  the  same  Committee,  submitted  the  following  . 

report  of  the  minority  of  the  COxMMITTEE  on  elections,  on  the  ASHLEY 

COUNTY  election. 

To  the  Constitutional  Convention  of  the  State  of  Arkansas  : 

The  undersigned,  a  minority  of  the  Committee  on  Elections,  to  whom  was 
referred  the  credentials  of  W.  D.  Moore  and  G.  W.  ]S[or3IAn,  as  delegates  to 
the  Convention  from  the  County  of  Ashley,  beg  leave  to  submit  the  following 
Eeport : 

The  Act  of  Congress  of  2d  March,  1867,  "  to  provide  for  the  more  efficient 
government  of  the  Eebel  States,'^  commonly  called  the  "  Eeconstruction  Act," 
provides  for  the  formation  of  <'a  constitution  of  government"  in  said  Eebel 
States,  and  prescribes  the  mode  in  which  that  shall  be  done.  The  Act  supple- 
mentary thereto  enacts  that  before  the  1st  day  of  September,  1867,  the  com- 

(  258  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Thursday^ 


Minority  Keport  on  Ashley  County  Election, 


manding  General  of  each  district  defined  by  said  original  Act  of  2d  March,  1867, 
shall  cause  a  registration  to  be  made  of  the  male  citizens  of  the  United  States, 
twenty-one  years  of  age  and  upwards,  resident  in  each  parish  or  county  in  the 
State  or  States  included  in  his  district,  possessing  certain  qualifications  pre- 
scribed by  said  Act ;  that  after  the  completion  of  such  registration  at  such  times 
and  places  as  the  commanding  General  shall  appoint  and  direct- — of  which  at 
least  thirty  days'  previous  notice  shall  be  given — an  election  shall  be  held  for 
delegates  to  a  convention  for  the  purpose  of  establishing  a  constitution  and 
civil  government  for  such  State;  that  if  a  majority  of  the  votes  given  on  that 
question  shall  be  for  a  convention,  such  convention  shall  be  held  as  thereinafter 
provided;  that  if  a  majority  of  the  votes  given  on  that  question  shall  be  for  a 
convention,  the  commanding  General,  within  sixty  days  from  the  date  of  elec- 
tion, shall  notify  the  delegates  to  assemble  in  convention  at  a  time  and  place 
to  be  mentioned  in  the  notification  ;  and  said  convention,  when  organize(f,  shall 
proceed  to  frame  a  constitution  and  civil  government,  according  to  the  provis- 
ions of  said  Act  and  the  Act  to  which  it  is  supplementary. 

Brev.  Maj.  Gen.  E.  O.  0.  Qrd,  commanding  the  4th  Military  District,  desig- 
nated by  said  Eeconstruction  Act,  composed  of  the  States  of  Arkansas  and 
Mississippi,  by  General  Orders,  dated  September  26,  1867,  announced  that  the 
registration  of  legal  voters  in  said  District  had  been  completed,  and  ordered 
that  an  election  be  held  in  the  States  composing  said  District,  commencing  on 
the  first  Tuesday  in  JSTovember  thereafter.  In  obedience  to  said  General  Orders 
No.  31,  an  election  was  held  in  said  County  of  Ashley,  commencing  on  Tuesday, 
the  5th  day  of  November,  1867;  and  ending  on  the  11th  of  said  month.  A 
majority  of  the  votes  given  at  said  election  were  cast  for  the  said  W.  D.  Moore 
and  G.  W.  Norman  for  delegates  to  the  Convention,  which  was  duly  reported 
by  the  Eegistrars  appointed  for  said  County. 

Immediately  after  the  election,  complaint  was  made  to  the  commanding 
General,  that  frauds  and  irregularities  had  occurred  in  holding  said  election, 
evidence  of  which,  in  the  shape  of  afiidavits,  was  forwarded  to  said  command- 
ing General  by  the  President  of  the  Board  of  Eegistrars  for  said  County. 

By  General  Orders  No.  37,  dated  December  5,  1867,  it  was  announced,  by  the 
General  commanding  said  District,  that  a  majority  of  the  registered  voters  in 
the  State  of  Arkansas  had  voted  on  the  question  of  convention,  and  that  a 
majority  of  all  the  votes  cast  were  for  a  convention,  and  ordered  the  delegates 
elected  to  assemble  in  the  hall  of  the  House  of  EepresentativeS;  in  the  city  of 
Little  Eock,  at  11  o'clock,  a.m.,  on  Tuesdaj^,  January  7,  1868. 

In  General  Orders  No.  43,  dated  December  21,  1867,  a  list  of  the  delegates 
elected  to  said  Convention  was  published,  from  which  it  appears  that  the  elec- 
tion in  said  County  of  Ashley  was  invalid^  and  that  a  new  election  had  been 
ordered. 

On  the  6th  day  of  January,  1868,  the  General  commanding  said  District 
issued  the  following  order: 

"Upon  the  investigation  of  the  complaint  of  irregularities  in  the  conduct  of  the  recent 
election  in  Ashley  County,  Arkansas,  it  appears  that  said  irregularities  were  confined  to  Union 
(  254  ) 


Jan.  23d.]  AEKAXSAS  COXSTITUTIOXAL  COXTEXTIOX.   [14th  Day- 


]y]iiioritv  Eeport  on  Ashler  County. Election. 


Precinct  alone ;  and  further,  that  if  all  the  registered  voters  in  that  Precinct  were  to  cast 
their  rotes  as  a  unit  on  either  side,  the  main  result  of  the  election  in  the  County  would  not 
thereby  be  changed.  The  prerious  declaration  in  General  Orders  'No.  43,  series  of  1867,  from 
these  Headquarters,  invalidating  said  election,  is  herebr  revoked,  and  the  election  in  that 
County  is  declared  valid  (Union  Precinct  thrown  out).  The  delegates  elected  in  that  County 
are  hereby  announced  as  George  "W.  ZSTgrmax  and  D.  Moore,  and  they  are  notified  to 
attend  the  Constitutional  Convention  in  Arkansas,  at  the  time  and  place  specified  in  General 
Orders  Iso.  37,  from  these  Headquarters,  dated  December  5th,  1867.  An  official  copy  of  this 
order  vrill  constitute  their  certificate  of  election.'"' 

On  the  6th  January,  1868,  Brev.  Brig.  Gen.  C.  H.  Smith  commanding  the 
Sub-District  of  Arkansas,  issued  the  following  special  order: 

"  Pursuant  to  telegraphic  instructions  received  from  Headquarters  4th  ^Military  District, 
dated  Holly  Springs,  January  6, 1868,  the  election  of  George  W.  Xormax  and  ^y.  D.  Moore 
as  delegates  to  the  Constitutional  Convention  for  Ashley  County,  is  hereby  declared  valid. 
They  will  obtain  their  certificates  of  election  by  calling  at  these  Headquarters.'" 

In  comj^liance  rrith  said  last  recited  orders,  the  ^aid  Xoraiax  and  Moore 
called  at  said  Sub-District  Headquarters,  and  vv'ere  furnished  with  copies  of  said 
orders,  which  they  tendered  as  evidence  of  their  election  as  delegates  from  the 
County  of  Ashley,  and  which  have  been  referred  to  your  Committee  on  Elections. 

No  one  seems  to  be  contesting  the  seats  of  Messrs.  Xorman  and  Moore;  and 
it  is  respectfully  submitted  that  the  only  ditty,  in  the  premises,  with  which  the 
Committee  on  Elections  is  charged,  is  an  inquiry  into  the  regularity  of  their 
credentials;  that  until  their  right  to  seats  is  regularly  contested,  the  manner 
in  which  the  election  was  held  and  the  supposed  frauds  committed,  should  not 
be  made  the  subjects  of  investigation,  if.  indeed,  this  Convention  possessed  the 
power  under  the  Reconstruction  Acts  to  determine  the  legality  of  the  election 
of  delegates;  in  other  words,  that  it  is  to  be  presumed  that  they  were  duly  and 
legally  elected,  until  that  issue  is  raised  in  the  mode  pointed  out  for  contesting 
their  right  to  seats  in  this  body. 

A  mass  of  testimony  has  been  taken  by  the  Committee,  to  establish  frauds 
in  the  matter  of  said  election  in  said  County  of  Ashley. — that  registered  voters, 
both  white  and  colored,  had  been  intimidated  by  threats  of  personal  violence; 
and  that  they  through  fear  had  voted  contrary  to  their  convictions  and  wishes. 

It  is  apparent,  from  the  testimony  taken,  that  all  these  facts  were  before  the 
commanding  General  at  the  issuance  of  the  order  announcing  that  Messrs. 
Moore  and  Xormax  had  been  legally  elected  delegates  to  said  Convention. 
The  Pvegistrars  testify  that  the  evidence  of  these  frauds,  intimidations,  and 
threats,  were  forwarded  to  the  Headquarters  of  said  District,  immediately  after 
the  election:  and  as  an  evidence  that  the  same  was  received  at  said  Headquar- 
ters, the  order  declaring  said  election  invalid,  refers  specifically  to  the  frauds 
said  to  have  been  practised  at  said  election. 

The  undersigned  is  of  the  opinion  that  under  the  Eeconstruction  Act  and 
the  Acts  sujDplementary  and  supplemental  thereto,  the  Commanding  General 
is  the  judge  of  the  election  and  qualification  of  the  members  of  the  Conven- 
tion; that  this  Convention  cannot  contravene  the  order  of  the  General  com- 
manding, by  excluding  an  individual  declared  by  the  military  authorities  to 

(  255  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Ashley  County  Election.— GENEEAL  DEBATE. 


have  been  duly  and  legally  elected,  and  admitting  another  whose  name  does 
not  appear  in  the  published  list  of  delegates ;  that  this  Convention  possesses 
neither  the  right  or  power  to  determine  a  contest  for  a  seat  herein ;  that  any 
one  returned  as  a  delegate  to  this  Convention,  and  so  announced  by  the  mili- 
tary officer  commanding  the  District,  is  entitled  to  his  seat ;  in  other  words, 
that  the  General  commanding  determines  the  qualification,  as  well  as  the 
legality,  of  the  election  of  the  delegates,  and  that  his  decision  is  final  and  con- 
clusive. The  undersigned,  entertaining  these  views  of  the  questions  involved, 
does  not  conceive  it  to  be  necessary  to  refer  at  length  to  the  testimony  taken 
before  the  Committee. 

Eegarding  the  credentials  of  Messrs.  Moore  and  Norman  as  regular,  and  that 
they  are  entitled  to  their  seats  in  this  body  as  delegates  from  the  County  of 
Ashley,  the  undersigned  begs  leave  to  submit  and  recommend  the  adoption  of 
the  following  resolution : 

Resolved:  That  W.  D.  Moore  and  G.  W.  Norman  •be,  and  they  are  hereby, 
declared  entitled  to  seats  in  this  Convention  as  delegates  from  the  County  of 
Ashley,  and  that  on  taking  the  oath  heretofore  prescribed,  they  be  admitted 
to  the  same. 

All  of  which  is  respectfully  submitted.  E.  S.  Gantt. 

Mr.  KYLE  moved  that  both  Reports  be  received  and  adopted. 
Before  the  motion  was  seconded, 

Mr.  HODGES,  of  Pulaski,  said :  I  rise  to  a  privileged  question.  The 
Eeports  recommend  the  admission  of  the  gentlemen  claiming  the  seats. 
I  move  that  the  gentlemen  come  forward  and  be  sworn  in. 

Before  the  motion  was  seconded, 

Mr.  CYPEET  said  :  The  Eeports  come  to  the  same  conclusion.  The 
first  acti^^n  in  order,  I  understand  to  be  that  upon  these  Eeports.  In  order 
to  bring  the  question  before  the  Convention,  I  move  the  adoption  of  the 
Minority  Eeport. 

;^r.  BEOOKS  moved  to  amend  by  striking  out  all  of  the  Minority  Ee- 
port, preceding  the  resolution,  and  adopting  the  resolution. 

Mr.  GANTT.  The  Eeport  of  the  majority  contains  a  resolution  which 
reaches  the  same  end  with  that  which  is  affixed  to  the  Eeport  of  the  mi- 
nority. It  is  certainly  unparliamentary  and  irregular  to  strike  out  a  por- 
tion of  a  report,  whether  that  of  the  majority  or  minority.  The  regular 
method  will  be,  to  move  to  amend  the  motion  by  substituting  the  Majority 
Eeport  for  that  of  the  minority. 

As  far  as  the  question  of  the  right  to  the  seats  was  concerned,  I  believe 
the  opinion  of  the  Committee  was  unanimous.  There  was,  however,  one 
question  raised ;  and  with  reference  to  putting  myself  right  upon  that 
question,  and  with  reference  to  that  alone,  I  submitted  the  Minority  Ee- 
port. 

Mr.  WILSOi^.  I  beg  leave  to  declare  my  dissent  from  that  last  Eeport, 
in  regard  to  the  commanding  General  having  entire  power  to  decide  upon 
(  256  ) 


Jan.  23d.]  AEKANSAS  COXSTITUTIOXAL  COXYEXTIOX.   [Uth  Day. 


Ashley  County  Election.— WILSON— HODGES  of  Pulaski— KYLE— CYPEET. 

the  validity  of  the  election  of  delegates  to  this  Convention.  The  Law  of 
Eeconstruction  has  the  entire  power  to  decide  who  is  entitled  to  a  seat  in 
this  body.  'No  man  forbidden  by  that  Law  to  vote,  is  entitled  to  a  seat 
here.  If  the  commanding  General  knew  of  the  fact  that  a  man  was  here 
in  violation  of  that  Law,  I  am  satisfied  he  would  regard  it  as  his  duty  to 
arrest  such  a  man,  and  remove  him  from  this  body,  as  a  violator  of  the 
law.  It  is  as  plain  as  it  can  be  written,  that  a  man  must  have  taken  the 
oath,  and  have  been  registered,  in  order  to  become  a  member  of  the  Con- 
vention ;  and  otherwise,  he  cannot  become  a  member  without  violating  the 
law.  These  men  who  present  themselves  here  this  morning,  being  lawyers, 
know  that  fact;  and  in  the  event  of  their  being  able  to  take  the  oath  of 
regi-stration,  and  the  oath  required  of  us  here,  I  contend  that  the  question 
is  settled.    That  is  a  question  which  we  have  a  right  to  determine. 

Mr.  HODG-ES,  of  Pulaski.  I  insist  upon  my  question  of  order.  These 
gentlemen  ]i2iYQ  frima  facie  evidence  of  their  title  to  their  seats;  and  I 
claim  that  the  first  thing  in  order  is  their  admission  to  their  seats. 

The  PRESIDENT.  Does  the  gentleman  claim  that  to  be  their  right 
before  the  Reports  are  acted  upon  ? 

Mr.  HODGES,  of  Pulaski.  I  do.  Any  gentleman  having  his  creden- 
tials, is  entitled  to  his  seat  at  once,  unless  some  sufficient  reason  is  adduced 
why  it  should  be  withheld. 

The  PRESIDENT.  Does  the  gentleman  propose  to  swear  them  in  be- 
fore acting  upon  the  Reports  submitted  from  the  Committee  ? 

Mr.  HODGES,  of  Pulaski.  I  do.  Then,  I  propose  to  have  both  Reports 
printed,  and  to  take  action  upon  them  at  a  future  day. 

Mr.  ETYLE.  That  course  seems  to  me  a  very  peculiar  one.  The  first 
question,  I  take  it,  is  upon  the  adoption  of  the  Reports.  The  majority 
and  minority  have  reached  the  same  conclusion  as  to  the  legality  of  the 
election  of  these  delegates.  Different  matters  connected  with  the  elec- 
tion are  recited, — some  of  these  facts  arguing  informality,  and  some  argu- 
ing intimidation.  But  all  the  members  of  the  Committee  arrive  at  the 
same  conclusion,  namely,  that  these  parties  are  entitled  to  their  seats. 
I  insist  upon  my  motion— I  do  not  know  whether  or  not  it  was  seconded 
— that  the  Reports  be  received  and  adopted,  and  that  the  claimants,  there- 
fore, be  sworn  in. 

The  PRESIDEXT.  The  Chair  heard  no  second  to  that  motion. 

Mr.  CYPERT.  YTith  a  view  of  meeting  the  views  of  the  gentleman 
from  Pulaski  [Mr.  Hodges], — as  I  think  our  ideas  concur  in  the  matter, 
— I  hope  the  gentleman  will  allow  me  to  modify  his  motion,  and  that  he 
will  accept,  as  an  amendment,  the  proposition  that  we  adopt  the  resolution 
appended  to  the  Minority  Report,  admit  the  claimants  to  their  seats,  and 
make  the  Reports  a  special  order  for  some  other  day. 

Mr.  HIXDS.  On  the  part  of  the  Committee  which  had  this  matter  in 

17  (  257  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE     ■  [Thursday, 


Ashley  County  Election.— HINDS— CYPEET— HODGES  of  Pulaski. 


cl^arge,  I  will  say,  that  the  evidence  was  pretty  thoroughly  examined. 
There  is  a  Minority  Report,  presented  by  one  member  of  the  Committee. 
The  Majority  Report  is  concurred  in  by  the  remainder  of  tiie  Committee. 
It  sets  forth  certain  facts,  and  arrives  at  a  certain  conclusion.  So  far  as  I, 
as  a  member  of  the  Committee,  am  concerned,  I  desire  that  the  Conven- 
tion shall  act  upon  the  Majority  Report,  and  adopt  it  as  the  Majority  Re- 
port. It  is  true  that  the  same  point  is  arrived  at  by  the  Minority  and 
Majority  Report.  In  adopting  either,  we  admit  the  right  of  the  parties  to 
their  seats.  But  still,  there  are  objections  to  allowing  them  their  seats  by 
virtue  of  an  acquiescence  of  the  Convention  in  the  Minority  Report.  We 
desire  that  the  Report  of  the  majority  should  be  adopted  as  the  action  of 
the  Convention,  and  that  these  parties  should  be  admitted  to  their  seats  by 
virtue  of  the  adoption  of  that  Report. 

If  a  substitute  will  be  in  order,  I  move,  as  a  substitute  for  the  motion 
before  the  Convention,  that  the  Majority  Report  be  adopted,  and  that 
these  parties  be  admitted  to  their  seats  by  virtue  of  the  adoption  of  that 
Report. 

If  this  be  not  in  order  at  the  present  time,  I  shall  certainly  vote  against 
the  other  proposition.  The  adoption  of  the  Majority  Report  is  necessary 
in  order  to  show  fully  the  condition  of  the  matter  before  the  Conven- 
tion. 

The  PRESIDENT.  The  only  two  motions  seconded,  so  far  as  the  Chair 
heard,  were,  the  motion  of  the  gentleman  from  White  [Mr.  Cypert],  and 
the  amendment  thereto,  of  the  gentleman  from  Phillips  [Mr.  Brooks]. 

Mr.  HIIl^DS.  I  offer,  then,  as  a  substitute,  a  motion  that  the  Majority 
Report  of  the  Committee  be  adopted  by  the  Convention. 

Mr.  CYPERT.  I  rise  to  a  point  of  order.  My  understanding  is,  that 
on  the  submission  of  a  minority  report  it  takes  precedence.  The  motion 
now  offered  would  be  exactly  the  converse  of  that,  and  would  consequently 
amount  to  the  same  thing.  The  Minority  Report  claims  precedence  of 
action  over  that  of  the  majority;  the  Minority  Report  being  in  the  nature 
of  an  amendment. 

Mr.  HODGrES,  of  Pulaski.  That  is  my  understanding;  and  the  sup- 
position that  there  might  perhaps  be  a  long  discussion  upon  the  subject, 
was  my  reason  for  having  the  delegates  admitted  at  once,  as  I  believe  they 
are  entitled  to  be;  and  then,  even  if  the  question  is  passed  upon  now,  it 
can  be  taken  up  again  in  a  day  or  two.  But  for  the  sake  of  having  the 
matter  fully  understood,  I  am  in  favor  of  having  the  Report  printed. 

The  PRESIDENT.  The  Chair  has  some  hesitation  in  passing  upon  the 
points  of  order  which  have  been  raised.  Suppose  both  Reports  should  be 
rejected?  The  Chair  does  not  understand  it  to  be  conclusive,  that  be- 
cause the  Committee  has  agreed  upon  a  conclusion,  the  Convention  will 
necessarily  adopt  the  same  conclusion.  If  both  Reports  should  be  rejected 
(  258  ) 


Jan.  23d.]  ARKA^^SAS  CO^^STITUTIOIStAL  COJSTYEis^TIOX.  [14th  Day. 


Ashley  County  Election.— HODGES  of  Pulaski— HINDS— McCLUEE—BEOOKS. 


— the  Chair  offers  the  suggestion  for  the  consideration  of  members  whose 
opinions  may  enlighten  him, — what  would  be  the  effect  apon  the  claims 
of  the  gentlemen  making  application  for  seats  ? 

Mr.  HODGES,  of  Pulaski.  It  is  my  understanding  that  there  is  no 
longer  a  contestant,  and  that  the  evidence  which  these  gentlemen  hold  in 
their  hand,  is  sufficient  to  entitle  them  to  their  seats,  in  the  absence  of 
the  contestant. 

The  PRESIDEI^rT.  Has  the  contestant  withdrawn  his  claim  ? 

A  MEMBER  [in  his  seat.']  There  is  no  report  upon  that  question. 

Mr.  HIKDS.  There  is  no  question  before  the  Convention,  now,  as  to 
the  admission  of  the  gentlemen  claiming  seats;  but  it  is  very  necessary 
that  the  Convention  take  action,  here  and  now,  as  to  which  report  they 
will  adopt.  I  am  opposed  to  allowing  these  parties  to  come  in  otherwise 
than  upon  the  Report  of  the  Committee.  One  or  the  other  report  should 
be  adopted  as  the  action  of  the  Convention ;  and  for  that  reason  move  a 
substitute.  The  gentleman  from  White  [Mr.  Cypert]  moves  that  the 
Minority  Report  be  adopted.  

The  PRESIDENT.  An  amendment  is  offered, — to  strike  out  the  Mi- 
nority Report  proper,  and  adopt  only  the  appended  resolution. 

Mr.  Hli^DS.  My  motion,  then,  is,  to  substitute  the  Majority  Report  of 
the  Committee. 

Mr.  HODGES,  of  Pulaski,  proposed  that  the  Convention  reject  the  mo- 
tion for  the  adoption  of  the  Minority  Report,  and  then  adopt  that  of  the 
majority. 

The  PRESIDEI^T.  The  question  will  be  upon  the  substitute,  adopting 
the  Majority,. instead  of  the  Minority  Report. 

Mr.  McCLURE  suggjested  that  the  adoption  of  the  Minority  Report,  or 
even  the  appended  resolution,  would  preclude  the  consideration  of  the 
Report  of  the  majority  of  the  Committee;  since  the  claimants  would  thus 
be  admitted  to  their  seats.  The  adoption  of  the  resolution  would  admit 
them  without  taking  into  consideration  the  reasons  given  by  either  party. 

Mr.  WILSO^N".  If  in  order,  I  would  move  an  amendment. 

The  PRESIDE^^T.  i^o  further  amendments  are  now  in  order. 

After  some  further  discussion  on  the  parliamentary  attitude  of  the 
question, 

Mr.  BROOKS  stated  that  he  entertained  no  objection  to  the  resolution 
submitted  by  the  minority  of  the  Committee,  and  the  substance  of  the 
resolution  should,  in  his  opinion,  be  adopted,  from  whatever  quarter 
coming.  But  the  argument  of  the  Majority  Report  he  desired  to  have 
submitted  for  the  judgment  of  the  Convention.  The  argument  by  which 
the  Minority  Report  reached  its  conclusion,  he  considered  entirely  falla- 
cious. His  object  in  moving  the  amendment,  striking  out  all  of  the  Mi- 
nority Report  except  the  resolution,  and  leaving  the  question  upon  the 
•  .  M  259  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Qualification  of  Messrs.  Norman  and  Moore — Penitentiary. 


adoption  of  the  resolution,  bad  been  to  get  rid  of  tbe  argument  of  tbe 
minority,  while  adopting  its  conclusions. 

As  objections  had  been  made  to  this  course,  however,  he  asked  permis- 
sion to  withdraw  the  amendment. 

ISTo  objection  being  made, 

Mr.  BROOKS  withdrew  the  amendment. 

Mr.  "WILSOi^  moved  to  amend  by  laying  both  Reports  upon  the  table, 
and  inviting  the  claimants  to  take  the  oath  and  occupy  their  seats. 

Mr.  HODGES,  of  Pulaski,  asked  for  a  division  of  the  question. 

Mr.  MALLORY.  It  is  evident,  from  the  Report  of  the  majority,  that  the 
point  aimed  at  by  the  majority  of  the  Committee  is,  a  public  reprimand — 

Mr.  BROOKS.  I  rise  to  a  point  of  order.    The  motion  is  not  debatable. 

The  PRESIDENT.  The  point  of  order  is  well  taken. 

Mr.  MOOTGOMERY  moved  to  amend,  by  adding  to  the  motion  of  the 
gentleman  from  Union  [Mr.  Wilson],  that  the  consideration  of  the  two 
Reports  be  made  the  special  order  of  the  day  for  the  morrow,  Friday, 
January  24th. 

Mr.  WILSOiT  accepted  the  amendment. 

Mr.  HODGES,  of  Pulaski,  withdrew  the  call,  for  a  division  of  the  ques- 
tion. 

The  question  was  then  taken  on  the  motion,  as  amended,  viz. :  that  both 
Reports  be  laid  upon  the  table ;  that  the  claimants  [Messrs.  N'orman  and 
Moore]  of  seats  in  the  Convention,  as  delegates  from  Ashley  County,  be 
admitted  to  take  the  oath  of  office  and  occupy  their  seats;  and  that  the 
consideration  of  the  two  Reports  be  made  the  special  order  of  the  day  for 
Friday,  January  24th;  and  the  motion  was  agreed  to. 

QUALIFICATION  OF  MESSRS.  NORMAN  AND  MOORE. 

Messrs.  Georoe  W.  IsTorman  and  W.  D.  Moore,  delegates  from  Ashley 
County,  then  appeared  in  their  seats,  and  the  oath  of  office  was  duly  ad- 
ministered to  them  by  the  President. 

penitentiary. 

Mr.  HOLLIS  asked  permission  to  introduce  a  resolution. 

1^0  objection  being  made, 

Mr.  HOLLIS  offered  the  following  resolution : 

Whereas,  It  has  been  represented  that  a  contract  for  the  lease  of  the  Peni- 
tentiary House  of  the  State  of  Arkansas  for  a  long  term  of  years,  to  wit :  for 
the  term,  of  fifteen  years,  was  recently  pretended  to  be  made  by  and  from  an 
illegal  body  of  men,  styling  themselves  the  General  Assembly  of  the  State  of 
(  260  ) 


t 


Jan.  23d.]    AEKAXSAS  COXSTITUTIOXAL  CONYEXTIOX.  [Uth  Day. 
Penitentiary.— HODGES  of  Pulaski. 


Arkansas,  to  and  with  divers  persons,  said  to  be  then  oj)posed  to  the  recon- 
•struction  measures  of  Congress,  and  hostile  in  feeling  and  sentiment  to  the 
Federal  Government,  which  said  pretended  lease  is  said  to  have  been  accompa- 
nied with  a  loan  of  forty  or  fifty  thousand  dollars,  taken,  under  some  pretext, 
from  the  Public  Treasmy,  and  with  a  grant  of  other  and  further  extraordinary 
and  unheard-of  privileges,  immunities,  and  franchises  : 

A7id  whereas,  It  is  asserted  by  released  prisoners  and  others  that  these  pre- 
tended lessees,  or  some  of  them,  being  in  possession  of  said  Penitentiary 
Building  as  aforesaid,  are  accustomed  to  use,  in  the  infliction  of  corporal  pun- 
ishment, especially  upon  colored  convicts,  an  instrument  of  torture  said  to  be 
found  only  on  a  few  plantations  in  the  darkest  days  of  slavery  : 

Therefore,  be  it  resolved:  That  a  Committee  of  nine,  two  of  whom  shall  be 
colored  delegates,  be  appointed,  whose  duty  it  shall  be  to  collect  facts  and 
proof,  and  to  procure  papers  and  persons,  to  be  brought  before  the  Committee 
on  the  Penitentiary,  which  Committee  shall  at  once  proceed  to  hear,  investi- 
gate, and  reduce  to  writing,  the  whole  testimony  in  the  case,  and  make  their 
report  for  the  further  action  of  this  Convention,  which  said  rej)ort  shall  show 
how  said  Penitentiary  was  leased,  by  whom  or  to  whom;  in  whose  possession 
the  same  is,  and  how  they  came  by  it;  and  all  other  matters  touching  its  man- 
agement, the  treatment  of  prisoners,  &c. — which  said  report  shall  be  accom- 
panied by  the  testimony  so  reduced  to  writing. 

Mr.  MOE'TGOMEEY  moved  that  the  resolution  be  referred  to  the 
Committee  on  the  Penitentiary. 

Mr.  HODGrES,  of  Pulaski.  I  might,  perhaps,  be  silent;  but  w^ould 
like  at  this  time  to  say  a  vrord  or  two ;  and  it  may  do  no  harm  I  have 
frequently  heard  of  legislative  bombshells,  and  I  suppose  we  have  one  now^ 
[Laughter.]  It  may  be  that  the  resolution  is  intended  as  a  personal  mat- 
ter to  me.  I  can  say,  to  start  out,  that,  the  investigation  being  called  for, 
if  by  persons  duly  qualified,  and  understanding,  practically,  questions  of 
this  kind,  there  exists  not  the  slightest  objection,  on  my  part,  to  the  inves- 
tigation. If  there  are  persons  w^hose  business  it  is  to  attend  to  these  mat- 
ters, and  if  they  have  failed  to  do  their  duty,  the  fact  ought  certainly  to  be 
made  known. 

The  "  unconstitutionality  "  of  the  Act,  or  of  the  body  enacting  it,  I  do 
not  wish  to  say  anything  about.  That  matter,  I  suppose,  can  be  tested, 
when  it  is  desirable.  I  desire,  however,  with  the  permission  of  the  Con- 
vention, to  read,  from  the  Act  before  me,  being  Chapter  27  of  the  Statutes 
of  1866-7,  "  To  provide  for  the  erection  of  additional  buildings  upon  the 
Penitentiary  grounds,  and  for  other  purposes,'' 

"  Section  Four.  Be  itfmiher  enacted,  That  the  auditor,  treasurer,  and  secretary 
of  state  are  hereby  authorized  to  appoint  one  competent  inspector  of  the  work 
done  under  the  contract  provided  for  by  tjiis  act." 

The  appointment  so  provided  for,  was  duly  made.    But  as  the  point  of 

(  261  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 

Penitentiary.— HODGES  of  Pulaski. 


the  proposed  inquiry  has  more  particular  reference  to  another  section,  I 
will  read  that : 

"  Section  Five.  Be  it  further  enacted^  That  said  inspector  shall  be  ex-officio 
supervisor  of  convicts  of  the  penitentiary,  and  shall  make  quarterly  reports 
to  the  Governor,  of  the  health,  treatment,  and  conduct  of  the  convicts,  and  shall 
receive  for  his  services,  five  hundred  dollars  per  annum,  to  be  paid  quarterly, 
as  other  officers,  and  for  cause  shall  be  subject  to  removal." 

That  appointment  was  made  by  the  proper  officers;  and  the  appointee 
is  a  gentleman  very  well  known  to  the  honorable  members  of  this  Con- 
vention,— Col.  B.  F.  Danley.  He  has  from  time  to  time  visited  the  Insti- 
tution ;  he  has  certainly  drawn  his  salary ;  he  has  made  his  reports  as 
directed  by  the  law;  and  it  has  been  his  duty  to  inform  me,  if  anything 
was  out  of  order,  and  to  report  the  facts  to  the  proper  authority,  the  Gov- 
ernor. If  anything  of  the  kind  has  been  reported,  I  want  to  know  it. 
The  shaft  may  be  aimed  at  myself,  but  it  flies  off  from  me,  and  strikes 
directly  at  the  Inspector.  Gentlemen  had  better  ascertain  whether  the 
agents  appointed  to  stand  between  the  contractors  and  the  State,  and  tp 
see  that  justice  is  done  to  all  parties,  have  done  their  duty.  Under  the 
circumstances  these  are  the  proper  inquiries  to  make.  If  such  things 
have  taken  place  as  are  alleged,  the  facts  should  be  made  known.  My 
attention  has  never  been  called  to  them;  and  if  such  things  have  ever  oc- 
curred, they  should  at  once  have  been  reported  to  the  Governor. 

But  the  law  still  further  provides: 

'^Section  Six.  Be  it  further  enacted^  That  there  shall  be,  and  the  auditor, 
treasurer,  and  secretary  of  state  are  hereby  authorized  to  appoint,  an  attend- 
ant physician  for  said  penitentiary,  who  shall  make  quarterly  reports  to  the 
Governor,  of  the  penitentiary,  cleanliness  of  cells  or  apartments,  health  of 
convicts,  treatment  received  in  health  and  sickness." 

Here  is  another  officer  whose  duty  it  is  to  have  a  similar  supervision. 
That  officer,  unless  detained  by  sickness,  visits  the  Institution  every  day, 
and  goes  through  it  at  will.  So  may  the  Inspector,  whenever  he  chooses. 
They  have  access  at  will  to  every  employee  and  every  appointee,  and  to  every 
convict,  of  the  penitentiary.  If  these  gentlemen  have  not  done  their  duty, 
the  matter  certainly  calls  for  inquiry.  The  physician  receives  a  salary  of 
one  thousand  dollars  per  year.  But  I  rise  to  say  that  I  believe  they  have 
done  their  duty;  and  have  properly  examined  into  all  these  matters.  I 
believe  them,  though  differing  from  me  politically,  to  be  gentlemen  of 
honor,  character,  and  capability,  and  better  able  to  judge  of  these  matters 
than  men  who  stand  outside  and  Bark,  like  little  dogs. 

I  do  not  mean  to  say  that  I  have  Christians  confined  in  that  Peniten- 
(  262  ) 


Jan.  23d.]  AEKAXSAS  COXSTITrTIOXAL  COXTEXTIOX.  [14th  Day. 
Penitentiary.— HODGES  of  Pulaski. 


tiaiy.  If  they  were  such  they  should  be  at  large,  and  enjoy  the  same 
privileges  as  we  do.  I  have  tlie  lowest  men  in  the  land  to  deal  with.  I 
have  to  control  them,  or  they  will  control  me.  Different  men  are  con- 
trolled in  different  ways.  Some  may  be  governed  by  kindness.  Some 
require  severe  discipline.  There  must  be  a  code  of  discipline  for  such. 
The  code  of  discipline  adopted  in  different  States,  varies.  I  have  been  in 
doubt  as  to  whether  we  have  any  act,  in  Arkansas,  upon  the  subject.  It 
has  been  the  opinion  of  some,  that  a  law  passed  by  a  former  Legislature 
was  a  valid  one,  and  is  now  in  force.  Some  have  said  that  we  have  no 
statute,  at  present,  upon  the  subject,  and  must  act  upon  our  own  best 
judgment  until  another  Legislature  shall  pass  a  law  making  rules  by  which 
we  may  be  governed.  Thus  far,  we  have  been  in  the  hands  of  two  In- 
spectors. If  they  have  not  done  their  duty,  it  is  for  the  Convention  to 
inrpiire  into  it. 

So  far  as  regards  receiving  money  from  the  State,  I  cannot  get  a  single 
dollar  from  the  State,  except  upon  the  Inspector's  certificate.  It  his  duty 
to  see  that  we  do  not  get  a  dollar  that  does  not  belong  to  us.  It  is  our 
privilege  to  get  every  dollar  that  belongs  to  us.  If  gentlemen  make  these 
charges  against  these  officers,  let  them  do  so:  I  will  not  be  a  party  to  it. 

Many  gentlemen  think  that  because  the  Penitentiary  is  a  "big  thing" 
iu  itself,  all  that  the  contractor  has  to  do  is,  to  squeeze  a  little,  and  gold, 
silver,  and  greenbacks  will  run  out.  There  is  a  gentleman  on  this  floor, 
who  was  in  the  Legislature  of  Arkansas,  last  winter.  He  is  an  honorable 
man,  and  I  believe  Avill  say  now,  as  he  said  then,  that  the  measure  was 
the  best,  relating  to  this  subject,  ever  presented  to  the  people  of  the  State. 
The  principle  of  the  law  is,  to  make  the  Institution  self-sustaining.  We 
received  it  with  nothing  but  the  walls,  and  the  bodies  of  the  men.  "W^e 
have  had  to  purchase  everything,  from  spoons  up.  We  had  not  a  single 
mechanic  in  the  Institution,  ^""e  received  it  in  every  respect  as  it  were  in 
an  embryo  state.  Two  months  elapsed  during  the  consideration  of  the 
measure  by  which  the  contract  was  given  to  us :  and  the  honorable  gen- 
tleman to  whom  I  have  referred  said  that  this  plan  proposed  was  the  only 
feasible  one  before  the  Legislature.  Men  came  from  the  southern  and 
the  northern  portions  of  the  State,  and  from  every  cpiarter,  to  examine 
into  the  matter  and  see  what  could  be  done.  The  proposition  upon  which 
we  received  it  was  printed  and  before  the  public,  and  the  whole  matter 
thorouolilv  canvassed  :  and  nothino- better  was  offered.  The  Committee 
of  both  Houses,  by  a  large  majority,  reported  that  the  proposed  plan  was 
the  best  possible  one  for  the  interests  of  the  State.  I  repeat,  that  the 
principle  of  this  Act  is,  to  make  the  Penitentiary  self-sustaining.  I  have 
the  Eeports,  on  this  subject,  from  twenty-one  of  the  Xorthern  States: 
which  show  the  condition  of  penitentiary  affairs  in  those  States  respec- 
tively, and  afford  a  ground  of  comparison  between  the  practical  working 

(  263  ) 


1868.] 


DEBATES  Al^D  PEOCEEDINGS  OF  THE  [Thursday, 


Penitentiary.— HODGES  of  Pulaski. 


of  the  system  here  and  elsewhere.  There  are  gentlemen  on  this  floor, 
who  will  sustain  me  in  the  statements  I  now  make.  There  is  not  a  single 
penitentiary,  in  all  these  twenty-one  States,  that  is  self-sustaining.  Some 
of  them  have  been  in  operation  for  twenty-one  years,  and  are  in  the  best 
working  condition.  I  recollect  the  statistics  on  this  subject  in  some  of 
these  States.  The  Penitentiary  of  'New  York,  for  example,  last  year,  was 
$125,000  short  of  self-sustaining.  That  of  Pennsylvania  about  $60,000. 
That  of  Ohio,  about  $18,000.  That  of  Michigan  $67,000  short.  And  so 
of  them  all ;  not  one  of  them  is  self-sustaining;  while  the  system  adopted 
in  this  State  will  make  her  Penitentiary  self-sustaining,  and  something 
more. 

By  the  permission  of  the  Convention,  I  will  read  briefly  from  the  Re- 
port on  the  Penitentiary  of  Ohio.  From  another  report  I  could  still 
better  illustrate  my  statements ;  but  it  is  not  at  hand  at  this  moment. 

"  Whether  the  Penitentiary  can  be  made  to  support  itself,  is  a  problem  which 
has  often  been  discussed.  It  is  very  clear  that  the  receipts  and  expenses  will 
not  equal  each  other  until  the  contract  price  for  convict  labor  is  increased. 
That  cannot  be  done  to  any  great  extent  before  the  present  contracts  expire. 
Whether  the  Institution  can  be  made  self-sustaining  when  that  time  arrives, 
we  consider  very  questionable.  The  Directors  and  Officers  are  necessarily  re- 
strained, in  making  their  contracts,  and  transacting  their  business,  by  legisla- 
tive provisions,  and  deprived  of  the  exercise  of  any  considerable  discretion. 
Their  purchases  are  all  made  in  pursuance  of  statutory  directions,  and  are 
principally  confined  to  a  single  locality.  They  cannot  have  buyers  in  different 
markets.  They  cannot  avail  themselves  of  fortunate  opportunities.  They 
cannot  anticipate  a  scarcity,  or  make  temporary  arrangements  until  there  is  a 
full  market,  as  those  do  who  have  the  charge  of  private  enterprises  of  equal 
magnitude.  This  is  not  only  the  fact  in  regard  to  the  Penitentiary,  but  it  is 
the  case  with  all  institutions  which  are  managed  directly  by  the  State;  audit 
always  will  be,  until  puhlic  officers  can  be  trusted  to  the  same  extent  as  private 
agents.  In  addition  to  this  it  should  he  borne  in  mind,  that  ordinary  laborers 
generally  require  only  a  superintendent;  convicts  require  a  large  number  of 
guards  and  other  officers,  and  complicated  and  expensive  arrangements  to  keep 
and  control  them,  irrespective  of  any  labor  they  may  perform.  In  answer  to 
the  Eesolution  of  the  Legislature  on  the  subject,  we  can  only  make  these  sug- 
gestions, and  leave  the  problem  where  we  found  it,  unsettled." 

That  is  an  extract  from  the  Report  of  the  Warden  of  the  Ohio  Peni- 
tentiary, submitted  in  compliance  with  a  resolution  calling  for  his  opinion 
upon  these  subjects. 

I  have  already  said  more  than  I  intended ;  and  I  will  ask  pardon  for 
trespassing  so  long  upon  your  valuable  time. 

The  question  was  taken  on  the  motion  to  refer  the  resolution  to  the 
Committee  on  the  Penitentiary ;  and  the  motion  was  agreed  to. 

(  264  ) 


Jan.  23d.]   AEKAXSAS  COXSTITUTIOXAL  C0XYE:N^TI0X.  [14th  Day, 


DisfrancMsement.— SCOTT. 


Mr.  BROOKS  moved  that  Messrs.  T\^hite  and  Mason  be  added  to  the 
Committee  on  the  Peuiteutiary. 

Mr.  KYLE.  I  thought  the  committees  were  full  I  heard  it  so  stated 
from  the  Chair,  and  that  no  additions  could  be  made. 

Mr.  BROOKS.  This  is  a  special,  not  a  standing,  committee. 

^Ir.  KYLE.  I  did  all  in  my  power  to  catch  the  eye  of  the  Speaker  and 
obtain  the  floor,  before  the  vote  was  taken,  upon  this  question.  As  to 
the  merits  of  the  question,  I  profess  to  know  but  little ;  but  as  the  resolu- 
tion proposes  to  raise  a  select  committee,  to  look  into  this  subject,  and  thus 
to  provide  for  an  investigation,  I  cannot  see  the  propriety  of  its  reference 
to  a  standing  committee. 

■  The  PRESIDEXT.  The  gentleman  from  Dallas  [Mr.  Kyle]  is  in  error. 

Mr.  KYLE.  I  think  there  was  a  standing  committee  appointed,  on  the 
Penitentiary. 

Mr.  BROOKS.  AVe  have  voted  to  refer  the  resolution  to  the  Committee 
*  on  the  Penitentiary.  That,  of  course,  is  equivalent  to  an  adoption  of  the 
instructions.  Without  any  specific,  authoritative  instructions,  it  has  the 
moral  force  of  instruction.  Then,  as  the  Committee  on  the  Penitentiary 
•is  a  select  committee,  raised  for  the  express  purpose  of  inquiring  into  the 
subject  of  the  Penitentiary,  and  is  directed  to  report  to  this  body,  of  course 
it  is  appropriate  to  make  the  reference,  instead  of  raising  an  additional 
select  committee^  to  make  an  investigation  and  report  to  a  select  committee. 
I  made  the  motion  to  add  these  colored  members  to  the  Committee,  only 
with  a  view  to  meet  the  views  of  the  gentleman  submitting  the  resolution. 
If  there  is  anything  demanding  our  attention,  and  for  which  any  corrective 
appliance  may  be  needed,  we  of  course  intend  to  take  such  action  as  may 
be  called  for.  Let  the  Committee,  as  augmented  in  number  by  the  mo-  ^ 
tion  just  agreed  to,  take  the  question,  with  all  the  information  at  their 
command,  sift  it  to  the  bottom,  and,  if  they  have  anything  worthy  of  our 
attention,  report  it  to  the  Convention. 

The  question  was  taken,  on  the  motion  to  add,  to  the  Committee  on  the 
Penitentiary,  Messrs.  White  and  Masox;  and  the  motion  was  agreed  to. 

DISFRAXCHISEMEXT — AGAIN. 

Mr.  SCOTT  oflered  the  following  resolution  : 

Resolved :  That  the  Committee  on  Franchise  he  instructed  to  inquire  into  the 
propriety  of  disfranchising  all  persons  who  have  taken  an  oath  known  as  the 
■'Iron-clad"  oath  for  the  purpose  of  accepting  office,  and  who  have,  or  may 
hereafter,  oppose  reconstruction. 


(  265  } 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Stay  of  Execution — Disfranchisement. 


Mr.  BROOKS  moved  that  the  resolution  be  referred  to  the  Committee 
on  the  Elective  Franchise. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

I 

STAY  OF  EXECUTION. 

Mr.  MOOTGOMERY  offered  the  following  Ordinance,  which  was  read 
a  first  time : 

AN  ORDINANCE  PROHIBITING  JUDICIAL  PROCEEDINGS  IN  CERTAIN  CASES,  AND 

FOR  OTHER  PURPOSES. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas,  in  Convention  assembled  : 
That  no  suit  shall  be  brought  upon  any  verbal  or  written  contract  maturing 
before  the  first  day  of  June  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty-five,  and  that  no  executions  shall  be  issued  upon  any  judgment 
heretofore  recovered  on  any  such  demands  of  any  nature,  name,  or  description; 
and  that  all  executions  heretofore  issued  on  any  such  judgments  and  not  re- 
turned or  otherwise  disposed  of,  shall  be  returned,  by  the  officer  to  whom  the 
same  are  directed,  endorsed,  "  Eeturned  by  operation  of  law,"  and* the  ratifica- 
tion of  this  Ordinance  relate  back  to  the  date  of  its  passage  by  this  Convention. 
Provided,  that  the  parties  purchasing  may  have  the  option  of  rescinding  sales 
of  real  estate  made  up  to  June  1st,  1865,  or  of  submitting  to  enforcement  of 
payment  of  purchase-money  by  law. 

Mr.  HI^^DS  moved  that  the  Ordinance  be  referred  to  the  Committee 
on  Memorials  and  Ordinances. 

Mr.  MOOTGOMERY  moved,  as  a  substitute,  that  the  Ordinance  be  re- 
ferred to  the  Committee  on  the  Judiciary. 

The  question  was  taken  on  the  adoption  of  the  substitute ;  and  the  sub- 
stitute was  adopted. 

DISFRANCHISEMENT — AGAIN. 

Mr.  BELL  offered  the  following  resolution  : 

Resolved:  That  the  Committee  on  Elective  Franchise  are  requested  to  take 
into  consideration  the  propriety  of  disfranchising  no  citizen  who  aided  in  re- 
construction.- 

Mr.  BROOKS  moved  that  the  resolution  be  referred  to  the  Committee 
on  the  Elective  Franchise. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 
(  266  ) 


Jan.  23d.]   AEKANSAS  CONSTITUTIOJ^AL  COITYENTIO^.    [14th  Day. 


Adjournment — Pay  of  Members  and  Officers. 


ADJOURNMENT. 

Mr.  BROOKS  moved  that  when  the  Convention  should  adjourn,  it 
adjourn  to  meet  at  two  o'clock,  p.m. 

Mr.  MOOTGOMERY.  I  rise  to  a  point  of  order.  Under  our  rules  we 
cannot  adjourn  to  two  o'clock.    "We  can  take  a  recess  till  that  hour. 

Mr.  BROOKS,  I  move  you,  then,  sir,  that  the  Convention  take  a  recess 
to  two  o'clock,  this  afternoon. 

I  would  state  to  the  Convention,  that  the  object  which  I  have  in  view 
is,  to  procure  a  consideration,  if  possible,  in  Committee  of  the  Whole,  of 
the  subject  of  relief  to  the  suffering  poor  of  the  State.  It  seems  impossible 
to  reach  the  subject  in  the  morning  session.  If  w^e  take  a  recess  until 
two,  and  then  reassemble,  we  may  reach  that  question  this  afternoon. 

The  PRESIDEiTT.  The  Convention  will  be  able  to  finish  the  regular 
order  of  proceedings,  in  a  few  minutes. 

Mr.  BROOKS.  Eor  that  purpose,  I  withdraw  my  motion. 

PAY  OF  MEMBERS  AND  OFFICERS — AGAIN. 

Mr.  BELL,  in  accordance  with  previous  notice,  moved  to  reconsider  the 
vote  by  which  the  Ordinance  establishing  the  Per  Diem  of  Members  and 
Officers  of  this  Convention  was  passed. 

Mr.  MOI^TGOMERY  moved  that  the  motion  for  reconsideration  be 
laid  upon  the  table. 

Mr.  GAis'TT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  it  was  decided  in  the  negative, — Yeas,  11, 
lN"ays  53,  as  follows : 

Yeas  >  Messrs.  Belden,  Harrison,  Montgomery,  Rawlings,  Rector,  Rounsa- 
ville,  Sams,  Samuels,  Scott,  White,  and  Williams — IL 

ISTays:  Messrs.  Beasley,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Cypert, 
^  Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  JeflPerson,  Grey  of  Phillips,  Hatfield, 
'Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis,  Hodges  of  Crittenden,  Hodges  of 
Pulaski,  Hoge,  Houghton,  Hutchinson,  Kyle,  Mallory,  Mason,  Matthews,  Mer- 
rick, Misner,  Millsaps,  Murphy,  McCown,  McClure,  Moore,  I^Torman,  Ohver, 
Owen,  Poole,  Portis,  Priddy,  Puntney,  Reynolds,  Shoppach,  ,Sims,  Smith, 
Snyder,  Yan  Hook,  Walker,  Wilson,  Wright,  and  the  President— 53. 

So  the  Convention  refused  to  lay  the  motion  for  reconsideration  upon 
the  table. 

The  question  recurring  upon  the  motion  to  reconsider  the  vote  by  which 

(  267  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Thursday, 


Pay  of  Members  and  Officers.— GENEEAL  DEBATE. 


the  Ordinance  establishing  the  Per  Diem  of  Members  and  Officers  of  this 
Convention  was  passed, 

Mr.  CYPEET  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
40,  l^ays,  26,  as  follows : 

Yeas:  Messrs.  Beasley,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Cypert, 
Dale,  Duvall,  Evans,  Gantt,  Gray  of  Jefferson,  Hatfield,  Hicks,  Hinds,  Hinkle, 
Hodges  of  Crittenden,  Hodges  of  Pulaski,  Hoge,  Houghton,  Hutchinson,  Kyle, 
Mallory,  Mason,  Matthews,  Millsaps,  Misner,  McCown,  Moore,  Norman,  Owen, 
Priddy,  Puntney,  Eeynolds,  Shoppach,  Smith,  Snyder,  Walker,  Wright,  and 
Wyatt— 40. 

'Nays  :  Messrs.  Belden,  Exon,  Grey  of  Phillips,  Harrison,  Hawkins,  Hollis, 
Langley,  Merrick,  Montgomery,  Murphy,  McClure,  Oliver,  Poole,  Portis,  Eawl- 
ings,  Eector,  Eounsaville,  Sams,  Samuels,  Scott,  Sims,  Yan  Hook,  Wilson,  White, 
WilHams,  and  the  President — 26. 

So  the  vote  by  which  the  Ordinance  was  passed,  was  reconsidered. 
Pending  the  call  of  the  roll, 

Mr.  McCLUEE  said  :  I  vote  No,  unless  I  learn  something  about  what 
I  am  voting  for.  If  the  gentleman  [Mr.  Bell]  gives  any  reason  for  the 
reconsideration,  I  will  change  mj  vote. 

Mr.  SNYDEE  having  declined  to  vote, 

Mr.  MONTGOMEEY  (before  the  vote  was  announced)  said:  I  think 
it  necessary  that  every  gentleman  in  the  Convention  should  vote,  unless 
excused.    I  believe  the  rules  require  every  member  to  vote. 

The  PEESIDEOT.  Under  the  rules,  every  gentleman  within  the  bar  of 
the  Convention  must  vote. 

Mr.  SITYDEE.  I  declined  to  vote ;  but  submit  to  the  sense  of  the  Con- 
vention. 

Mr.  BEOOKS.  I  suggest  that  if,  when  the  roll  is  called,  gentlemen  do 
not  desire  to  vote,  it  is  an  easy  matter  for  them  to  retire  without  the  bar. 
That  relieves  them  from  the  necessity  of  voting ;  but  if  they  remain  within 
the  bar,  they  must  vote,  unless  excused  by  the  Convention. 

The  PEESIDEISTT.  The  rule  is  imperative. 

Mr.  SNYDEE,  That  is  what  I  supposed.  And  I  suppose,  also,  that  gen- 
tlemen having  objection  to  my  not  voting,  should  object.    I  vote  Aye. 

The  vote  was  then  announced,  as  above. 

Mr.  BEOOKS  moved  that  the  Ordinance  be  recommitted  to  the  Com- 
mittee on  Finance,  Taxation,  Public  Debt,  and  Expenditures. 

Mr.  HICKS  moved,  as  an  amendment,  that  the  Committee  report  to 
(  268  ) 


Jan.  23d.]  AEKANSAS  COKSTITUTIOl^AL  COXYE^^TIO^s^.    [14th  Day, 


Pay  of  Members  and  Officers.— BEOOKS—McCLUEE. 

the  Convention  the  distances  which  the  members,  respectively,  might 
travel,  in  reaching  the  place  of  session  of  the  Convention. 

Mr.  BROOKS.  I  submit  that  the  motion  is  not  subject  to  any  amend- 
ment, except  it  be  in  the  form  of  a  specific  instruction.  It  is  a  very  extra- 
ordinary motion,  to  move  to  refer  that  kind  of  work  to  the  Committee. 

The  PRESIDENT.  The  question  will  be  upon  the  motion  to  refer  to 
the  Committee. 

Mr.  McCLURE.  What  will  become  of  that  class  of  cases  in  which  the 
pay  and  mileage  have  already  been  certWied  under  this  Ordinance  ? 

The  PRESLDE^s^T.  The  Chair  would  state,  that  certificates  have  been 
issued  under  the  Ordinance.' 

Mr.  BROOKS.  G-entlemen  who  have  been  in  hot  haste  upon  that  sub- 
ject, will  have  to  take  the  consequences.  The  notice  of  reconsideration 
was  given,  according  to  rule,  on  the  day  following  the  passage  of  the 
Ordinance.  We  know  not  that  there  will  be  any  change  ;  but  if  any 
change  should  occur,  of  course  the  Convention  will  not  be  responsible  in 
such  cases.  I  suppose  that  any  irregularities  of  that  kind  will  be  very 
easily  adjusted.  Of  course,  if  there  should  be  a  reduction,  honorable 
members  who  have  had  certificates  passed  will  return  the  certificates  to 
the  Auditor  of  the  State,  and  have  them  adjusted  in  accordance  with  the 
final  order  of  the  Convention — I  am  sure  they  will. 

The  PRESIDENT.  The  Chair  will  remark,  that  it  was  necessary  to  make 
a  test  case  of  this  matter  of  per  diem.  A  certificate  was  issued  in  order 
to  test  the  question  as  to  whether  the  proper  officers  would  duly  recognize 
the  action  of  the  Convention. 

Mr.  McCLURE.  This  Ordinance,  I  believe,  was  passed  yesterda3^ 

Tlie  PRESIDEJS^T.  Day  before  yesterday. 

Mr.  McCLURE.  It  is  sufiicient  to  say,  that  it  has  passed.  Gentlemen 
are  becoming  clamorous,  here,  for  money ;  and  in  their  clamor  have  lost 
sight  of  one  point.  This  Ordinance  was  passed  two  days  ago.  G-entlemen 
are  claiming  pay,  and  coming  to  the  Finance  Committee,  wanting  to  know 
what  to  do  in  order  to  obtain  funds ;  and  yet  no  man  has  taken  out  a  cer- 
tificate of  the  amount  due  him,  until  this  morning.  I  obtained  that  cer- 
tificate, myself,  in  order  to  furnish  a  test  case,  to  ascertain  whether  the 
Auditor  would  issue,  upon  a  certificate  presented.  It  was  contemplated, 
this  morning,  among  our  first  proceedings,  to  pass  an  order,  delegating 
some  one  of  the  members  of  the  Convention  to  wait,  in  person,  upon  the 
General  commanding,  with  a  certified  copy  of  the  Ordinance  providing 
for  the  levy  of  a  tax,  of  that  appropriating  seventy-five  thousand  dollars 
for  defraying  the  expenses  of  the  Convention,  and  of  that  fixing  the  per 
diem  and  mileage  of  members  and  officers,  together  with  a  statement  from 
the  Treasurer  of  the  State,  showing  the  amount  of  money  in  the  Treas- 
ury, the  amount  of  bonds,  belonging  to  the  State,  deposited  in  the  City 

(  269  ) 


1868.] 


DEBATES  AJSID  PEOCEEDI^^^GS  OF  THE 


[Thursday, 


Pay  of  Members  and  Officers.— McCLUEE—BKOOKS. 


of  Washington ,  and  the  amount,  of  the  sum  in  the  Treasury,  appropriated 
by  the  last  Legislature.  With  these  papers^  it  was  proposed  that  he  should 
present  himself  to  General  Gillem.  It  was  hoped  that  we  should  have 
this  delegate  at  Yieksburg  on  Monday  night,  so  that  on  Tuesday  we  could 
ascertain  what  disposition  had  been  made  of  this  money,  and  whether  or 
not  it  could  be  obtained.  If  the  Ordinance  is  to  be  recommitted,  the  Com- 
mittee may  hold  it  I  don't  know  how  long.  I  do  not  know  in  whose 
interest  this  Committee  are,  nor  do  I  charge  that  they  are  in  anybody's  in- 
terest. But  there  is  a  question  ^s  to  what  causes  all  this  delay.  It  may 
be  the  Committee;  it  may  be  the  ignorance  of  ourselves ;  or  it  may  be  still 
other  causes.  The  Convention,  after  the  report  of  the  Committee  shall 
have  been  brought  back,  will  take  up  the  whole  matter,  digest  it,  and 
tear  it  to  pieces,  as  was  done  day  before  yesterday.  If  there  were  any 
reason  for  the  reference, — if  the  Committee  were  endowed,  by  their  Divine 
Creator,  with  more  intelligence  than  the  rest  of  the  Convention, — there 
might  be  some  good  reason  for  sending  back  the  Ordinance  to  them,  for 
their  revision  and  amendment;  but  as  it  is,  let  us  amend  it  here.  We 
shall  not  be  concluded  by  the  report  of  the  Committee.  The  object  of 
some  member,  in  this  Convention,  is,  a  delay;  and  that  at  a  time  when 
many  gentlemen,  in  the  situation  in  which  they  find  themselves  here,  are 
pressed  for  money,  and  are  being  dunned  to  pay  their  bills.  If  it  is  desired 
to  reduce  the  pay  of  certain  parties,  I  have  no  objection  to  that.  Let  the 
reduction  be  proposed,  and  let  whatever  may  be  deemed  advisable  in  the 
premises,  be  effected  by  the  action  of  members,  upon  the  floor.  Let  us 
deal  with  the  question  just  now,  and  have  the  delegate  in  Yieksburg  on 
Monday  night. 

Mr.  BROOKS.  I  hoped  that  the  motion  would  be  adopted  without  any 
delay.  Such  a  remark  as  is  made  in  regard  to  a  disposition  to  delay  and 
embarrass,  has  no  application  to  those  who  offered  the  motion  to  refer. 
That  does  not  hit  here,  at  all.  But  a  portion  of  the  Convention — whether 
a  majority,  or  not,  will  be  determined  hereafter — are  dissatisfied  with 
the  adjustment  of  compensation  made  in  the  Ordinance;  and  whether  I 
belong  to  that  portion  of  the  Convention,  or  not,  there  is,  as  I  have  heard, 
so  large  a  number  of  members  expressing  dissatisfaction,  that  I  shall  cer- 
tainlv  concur  in  a  motion  to  reconsider,  in  order  that  they  may  have  an 
opportunity  to  bring  forward  their  objections.  I  thought,  myself,  that  the 
more  expeditious  mode  would  be,' for  gentlemen  who  wish  a  change,  to 
brino- their  views,  and  the  considerations  which  induced  those  views,  before 
the  Committee.  They  may  "run"  all  night,  if  they  choose,  and  let  the 
Committee  receive  all  the  light  possible,  upon  this  subject,  and  report  back 
to-morrow  morning :  but  let  us  act  upon  the  matter.  It  is  true,  the  report 
of  the  Committee  will  undergo  revision,  and  we  may  have  motions  to 
amend,  and  many  other  motions  for  all  I  know;  but  nevertheless,  we 
(  270  ) 


Jan.  23d.]  AEKANSAS  COI^STITUTION'AL  COJ^YENTIOlSr.  [14th  Day. 


Pay  of  Members  and  Officers— Eecess.—McCLUKE— HODGES  of  Pulaski. 


shall  save  time  by  a  recommittal.  I  am  not  prepared  to  move  any  special 
instructions.  I  prefer  that  the  Committee  take  np  the  question,  consult 
with  members,  and  submit  their  report  on  full  consideration  of  the  views 
presented  to  them.  I  am  sure  there  are  suificient  members  to  meet  with 
the  Committee  at  any  time,  if  opportunity  should  be  offered,  and  lay  before 
it  the  reasons  which  have  influenced  them  in  moving  this  reconsideration. 
We  are  not  prepared,  if  we  take  the  recess  as  contemplated,  to  return  at 
.  two  o'clock,  to  investigate  the  whole  subject,  in  debate,  upon  this  floor.  I 
think  I  should  prefer  the  despatch  of  a  messenger,  as  contemplated — par- 
ticularly if  we  should  determine,  this  afternoon,  who  the  messenger  shall 
be,  in  order  that  he  may  be  prepared  to  leave  as  soon  as  the  papers,  etc., 
shall  be  ready.  The  question  can  be  fully  acted  upon,  to-morrow,  in  the 
morning  or  afternoon  session.  If  we  cannot  do  that,  we  can  then  meet  in 
the  evening,  and  sit  till  midnight,  if  necessary,  and    grind  it  out." 

RECESS. 

Mr.  McCLURE.  I  now  move  you,  sir,  that  the  Convention  take  a  re- 
cess till  two  o'clock,  and  that  this  subject  be  made  the  special  order  for 
the  consideration  of  the  Convention  at  that  time. 

Mr.  HODGES,  of  Pulaski.  I  will  ask  if  that  motion  carries  with  it, 
over  the  recess,  the  motion  to  refer.  If  it  is  an  amendment,  it  does  not, 
as  I  understand,  strike  out  that  portion  of  the  original  motion.  . 

The  PRESIDEOT.  If  the  Convention  shall  vote  to  take  a  recess  until 
the  hour  specified,  and  make  the  subject  now  before  the  Convention  a 
special  order  for  that  hour,  the  effect  of  that  action  will  be,  to  kill  the 
motion  for  reference,  now  directly  before  the  Convention.  It  would  of 
course  be  improper  to  anticipate  any  action  which  the  Convention  may 
take  when  it  shall  reassemble. 

The  question  was  then  taken  on  the  motion  that  the  Convention  take 
a  recess  to  two  o'clock,  p.m.,  and  that  the  consideration  of  the  Ordinance 
establishing  the  per  diem  of  members  and  oflicers  of  the  Convention  be 
made  the  special  order  for  that  hour;  and,  a  division  being  called  for,  the 
motion  was  agreed  to, — Ayes,  44,  l^oes  not  counted. 

Before  the  result  of  the  vote  was  announced, 

Mr.  BROOKS  said:  I  should  like  to  have  a  division  of  the  question. 
The  recess,  I  am  in  favor  of. 

The  PRESIDED.  The  call  for  a  division  of  the  question  comes  too 
late ;  as  the  vote  is  in  progress. 

The  result  of  the  vote  was  then  announced,  as  above. 

The  Convention  thereupon  took  a  recess  to  2,  p.m.  *■ 


(  271  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Pay  of  Members  and  Officers.— McCLUEE—McCOWN—MONTGOMEKY. 


AFTER^^'OO^T  SESSIOK 
At  2,  P.M.,  the  Convention  was  called  to  order. 

The  roll  was  called ;  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

The  PRESIDEiTT  stated  the  special  order  of  the  day  to  be  the  con- 
sideration of  the  Ordinance  to  provide  for  the  Per  Diem  of  Members  and 
Officers  of  this  Convention  ;  which  Ordinance  (the  vote  by  which  it  was 
passed  having  been  reconsidered)  was  now  upon  its  final  passage. 

Mr.  McCLURE.  I  would  propose  to  amend  by  striking  out  all  in  Sec- 
tion 1,  after  the  words  per  day,"  and  inserting,  instead  thereof,  the  fol- 
lowing : 

That  for  each  day  necessarily  spent  in  coming  to  and  returning  from  this 
Convention,  delegates  shall  receive  the  per  diem  now  estabHshed  in  lieu  of 
mileage.  Provided^  that  nothing  in  this  Ordinance  shall  be  so  construed  as  to 
compel  delegates  who  have  doubts  as  to  the  legality,  constitutionality,  or  just- 
ness, of  the  Ordinance,  to  accept  the  amount  hereby  established  and  declared. 

Mr.  McCOWiT  offered  the  following  substitute  for  the  amendment,  viz. : 
that  the  words  "actual  travelled  route"  be  stricken  out,  and  that  the 
words  "usual  travelled  route"  be  inserted  instead  thereof. 

Mr.  MOITTGOMERY  seconded  the  adoption  of  the  substitute. 

Mr.  McCLURE  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  MO^TTGOMERY.  I  cannot  conceive  why  these  gentlemen  who 
come  up  the  Arkansas  River,  and  lie  on  a  sand-bank  for  several  days, 
desire  those  of  us  who  ride  in  the  stage,  to  receive  ten  dollars  per  day  for 
the  actual  time  consumed  in  travelling.  These  gentlemen  who  travel  on 
steamboats,  can,  on  the  basis  of  actual  time  consumed,  receive  pay  for 
forty  days'  travel,  if  they  happen  to  have  the  good  luck  to  stick  on  a  sand- 
bar.   There  is  no  justness  or  fairness  in  the  proposition. 

■  Mr.  McCLURE.  There  seem  to  be  a  great  many  gentlemen,  here,  who 
consider  themselves  engaged  in  campaigning.  Now,  sir,  I  propose  to  put 
every  man  on  the  record.  If  this  talk  is  Buncombe,  let  us  have  Bun- 
combe— let  us  have  it  understood — let  it  go  to  the  people  as  Buncombe. 

So  far  as  the  proposed  amendment  is  concerned,  it  in  no  way  alters  the 
effect  of  the  Ordinance  as  it  now  stands.  It  will  not  make  one  cent's  dif- 
ference with  any  man  in  this  Convention,  whether  we  say  "actual,"  or 
"  usuaf."  The  insertion  of  the  word  "usual"  does  not  affect  the  class  of 
men  whom  it  is  proposed  to  hit  by  this  amendment.  So,  as  this  is  a  matter 
(  272  ) 


Jan.  23d.]  AEKAXSAS  COXSTITrTIOXAL  COXYEXTIOX.  [14tb  Day. 


Pay  of  Members  and  Officers.— McCOWN. 


of  economy,  and  the  interest  of  W:lie  people  is  at  stake,  I  propose  to  place 
every  man  npon  the  record,  and  enable  him  to  show  that  he  voted  for  a 
proposition  fair,  honorable,  and  just. 

Mr.  McCOW^N".  I  had  hoped  we  should  have  no  farther  trouble  with 
this  matter.  If  economy  is  the  only  point  to  be  considered,  this  mere 
motion  for  reconsideration  has  cost  more,  almost,  than  the  mileage  would 
have  amounted  to  had  the  Ordinance  been  left  to  stand  as  it  was.  As  to 
"  the  dear  people,"  I  suppose  I  have  as  much  respect  and  love  for  them, 
as  the  gentleman  from  Arkansas  [Mr.  McCLrRE].  But  I  have,  as  I  think, 
many  reasons  which  I  will  be  able  to  give'  my  constituents,  if  I  shall  so 
desire,  for  interference  with  the  Ordinance  which  was  passed  by  the  Con- 
vention. One  of  those  reasons,  is  this.  It  seems  that  we  have  a  full 
Treasury.  We  have  enough  money  to  put  out  at  interest.  It  is  lying, 
dead  capital,  in  the  hands  of  other  parties,  instead  of  going  oat  among  the 
people,  as  it  should.  We  learn  from  nature,  that  the  rain  falls,  gathers  in 
rivulets,  and  goes  to  the  ocean.  The  clouds  gather  it  back,  and  it  falls 
upon  the  wasted  fields  and  fertilizes  them  again,  is'ow,  sir,  I  have  no 
objection  to  being  a  disbursing  officer.  I  have  no  objection  to  the  gentle- 
men of  this  Convention  gathering  up  some  of  the  waters  out  of  this  lake, 
and  carrying  them  back  to  the  people.  The  constituency  whom  I  represent 
do  not  expect  me  to  come  here  to  work  for  nothing  and  pay  for  my  own 
board.  Whatever  other  gentlemen  may  be  willing  to  do,  I  certainly  am 
not  willing  to  do  that.  I  am  not  ashamed,  or  afraid,  to  put  myself  upon 
the  record.  I  will  not  hesitate  to  say  that,  in  matters  of  this  kind,  the 
course  of  many  gentlemen  is  governed  by  the  fact  that  they  want  office 
again.  Sir,  the  people  are  not  such  "  terrible  "  fools  as  gentlemen  think 
for.  They  have  been  appealed  to  for  the  last  thirty  odd  years,  before  the 
assembling  of  every  Legislature  and  Congress ;  and  all  these  matters  have 
been  gone  over  before  them, — of  mileage  and  pay.  They  know  it  is  the 
same  old  song.  They  know  it  is  all  done  for  political  and  demagogical  pur- 
poses, and  not  from  any  desire  to  protect  them.  There  are  divers  persons 
to  be  protected  here.  While  we  hold  paramount  the  interests  of  the 
people,  we  should  hold  the  interests  of  our  own  families  in  our  minds. 
Some  gentlemen  live  close  by  the  Capital ;  and  others  can  reach  their 
homes,  by  steamboat,  for  two  or  three  dollars ;  but  we  "  gentlemen  from 
the  rural  districts,"  as  we  have  been  called — and  I  am  not  ashamed  of  it, 
— who  have  gone  through  snow  and  rain  and  mud,  in  the  most  expensive 
(and  the  meanest)  conveyances  in  the  world,  are  expected  to  come  here, 
and  return,  for  less  than  will  reimburse  our  actual  outlay  in  travelling. 
And  this,  as  I  said,  by  gentlemen  who  travel,  at  their  ease,  in  a  steam- 
boat, and  for  a  nominal  price.  'No  rule  can  be  made  which  will  not  be 
hard  in  particular  instances;  but  we  must  adopt  the  rule  which,  upon  the 
whole,  will  occasion  the  least  hardship.    For  myself,  I  have  no  fear  of 

18  (  273  ) 


1868.] 


DEBATES  AISTD  PEOCBEDHSTGS  OF  THE 


[Thursday, 


Pay  of  Members  and  Officers.— McCOWN— BELL— KYLE. 


putting  myself  upon  the  record:  I  desire. to  do  it,  and  I  want  every  other 
man  to  do  the  same.  I  want  to  protect  the  interests  of  the  people,  and  I 
want  to  protect  myself  at  the  same  time.  I  speak  frankly;  and  so  far  as 
that  is  concerned,  the  people  are  not  so  great  fools  as  not  to  know  that 
every  one  of  these  gentlemen  wants  to  protect  himself. 

Suppose  we  adopt  the  proposition  before  the  Convention; — what  can  be 
said,  provided  we  dispatch  the  business  as  we  should  do  ?  We  can  say, 
and  say  truthfully,  that  our  Doorkeepers  have  not  kept  groceries  in  our 
committee-rooms,  for  the  convenience  of  the  members — other  legislative 
bodies  here  have  done  it.  We  are  working,  and  working  to  the  point; 
and  I  hold  that  a  good  and  faithful  laborer  is  worthy  of  his  hire, — more 
so  than  a  mean  one  is. 

Mr.  BELL.  I  would  remark,  that  I  moved  a  reconsideration  of  this 
matter,  from  the  fact  that  I  considered  that  we  were  taking  too  much  from 
our  people, — that  our  per  diem  and  mileage  was  actually  too  much;  not  too 
much  to  defray  expenses  of  gentlemen  of  this  Convention — they  prob- 
ably could  use  more — but  our  people  are  poor — they  have  been  reduced 
to  poverty — they  are  now  toiling,  and  contending  with  poverty,  at  home. 
It  was  my  opinion  at  the  time,  and  it  is  my  opinion  yet,  that  it  would 
be  well  for  us  to  learn  to  economize  a  little  at  the  Capital,  as  well  as  at 
home.  I  am  of  the  opinion  that  eight  dollars  per  day  is  sufficient  for  the 
members  of  this  Convention  to  live  upon.  I  am  of  the  opinion  that  it  is 
enough  for  the  Secretaries  and  Chaplain ;  and  I  think  that  the  per  diem 
of  the  whole  body,  members  and  officers,  might  be  reduced,  say  one-fourth. 
And  then,  if  in  order,  to  economize  still  further,  and  yet  without  doing 
any  gentleman  in  this  house  injustice,  I  would  move  that  we  amend  the 
substitute  by  inserting  the  most  

The  PRESIDENT.  The  Chair  will  interrupt  the  gentleman,  to  state 
that  the  amendment  is  already  in  the  nature  of  a  substitute.  The  substi- 
tute offered  by  the  gentleman  will  be  in  order  when  that  now  before  the 
Conveij  Lion  shall  be  disposed  of. 

Mr.  McCOWIST.  By  way  of  answering  the  argument  of  the  gentleman 
who  has  just  spoken  [Mr.  Bell],  I  would  say  this.  What  the  gentleman  has 
said,  is  true.  I  appreciate  it  as  much  as  any  man.  But  whether  the  Con- 
vention shall  decide  our  pay  to  be  eight,  or  ten  dollars,  or  one  dollar,  per 
day,  does  not  interfere  in  the  least  with  the  tax  that  is  to  be  exacted  from 
the  people ;  for  that  has  already  been  voted.  The  only  difference  is  this  : 
if  we  vote  ourselves  any  of  the  money  raised  by  the  tax,  we  carry  some  of 
it  home;  if  we  do  not,  we  leave  it  in  this  maelstrom  of  Little  Rock,  where, 
if  once  cast,  it  is  extremely  hard  to  get  it  out.  [Laughter.] 

Mr.  KYLE.  I  cannot  see  much  difference  between  the  amendment  and 
the  original  proposition.  I  presume  the  object  of  my  friend  from  Colum- 
bia [Mr.  McCown]  is,  that  the  members  shall  receive  mileage  by  the  most 
(  274  ) 


Jan.  23d.]   AEKA^^SAS  CO^sTSTITUTIO^s^AL  COlSrYElSrTIOlSr.  [14th  Day. 


Pay  of  Members  and  Officers.— KYLE— POOLE— McCLURE. 


direct  route,  from  their  residence  to  the  CapitaL  The  intention  is,  that 
a  member  from  Mississippi  Conntj,  in  the  northern  portion  of  the  State, 
shall  not  be  permitted  to  take  a  steamboat  there,  travel  by  way  of  Memphis 
and  Napoleon,  and  charge  mileage  for  travel  by  that  route.  'Now,  it  cer- 
tainly is  practicable  to  carry  out  that  resolution.  There  may  be  some 
mountain  ridges,  between  some  counties  and  the  Capital,  which  it  is  diffi- 
cult to  pass.  But,  certainly,  there  are  roads,  of  one  sort  or  another.  The 
object  to  be  attained  seems  to  be,  to  get  the  distance  from  the  actual 
residence  of  the  member,  to  this  place,  on  the  most  practicable  route. 
Hence,  I  move  to  amend  the  amendment  by  inserting  before  the  word 
*' route,"  the  word  "land." 

The  PRESIDEE'T.  The  Chair  would  observe  that  it  has  already  been 
decided  that  there  are  as  many  amendments  before  the  Convention  as  can 
be  entertained  at  one  time.  Further  amendments  are  not  at  present  in 
order. 

Mr.  POOLE.  I  am  a  member  from  Mississippi  County.  I  came  down 
the  Mississippi,  it  is  true;  but  I  did  not  come  to  the  mouth  of  the  Arkan- 
sas, at  Il^apoleon.  I  came  to  White  River,  and  came  up  that  river.  It  is 
the  nearest  practicable  route.  I  cannot  go  across  the  country.  I  am  a 
very  timid  young  man  [Laughter],  and  the  route  across  the  country  is  a 
very  difficult  one,  and  there  are  some  of  Jeff.  Thompson's  old  guerillas 
there,  and  that  would  be  reason  enough  for  my  going  by  steamboat,  if 
there  were  no  other.  I  thought  it  the  safest  way  of  coming;  and  it  was 
also  the  only  way  by  which  I  could  come. 

The  PRESIDEj^T  stated  the  question  before  the  Convention  to  be  upon 
the  adoption  of  the  amendment  striking  out  the  word  "  actual,"  and  in- 
serting, instead  thereof,  the  word  "  usual." 

Mr.  McCLURE  stated  that  he  had  moved  a  substitute  for  the  amend- 
ment. 

The  PRESIDE^n'T  declared  the  substitute  to  be  out  of  order. 
Mr.  McCLURE.  Then  I  renew  my  proposition,  as  an  amendment  to  the 
amendment. 

The  PRESIDENT  decided  the  amendment  to  the  amendment  to  be  out 
of  order. 

The  yeas  and  nays  were  asked  and  ordered. 

The  question  was  then  taken  upon  the  amendment  striking  out  the 
word  "actual,"  and  inserting,  instead  thereof,  the  word  "usual;"  and  it 
was  decided  in  the  affirmative, — Yeas  50,  Nays  17,  as  follows: 

Yeas  :  Messrs.  Beasley,  Belden,  Brashear,  Brooks,  Coates,  Cypert,  Dale,  Du- 
vall,  Evans,  Exon,  Gautt,  Grey  of  Philhps,  Harrison,  Hicks,  Hollis,  Hodges  of 
Crittenden,  Hoge,  Houghton,  Hutchinson,  Kyle,  Langley,  Mason,  Matthews, 
Millsaps,  Montgomery,  McClure,  McCown,  Moore,  Norman,  Owen,  Poole,  Portis, 

(  275  ) 


/ 

1868.]  DEBATES  AlSTl)  PEOCEEDmGS  OF  THE  [Thursday, 


Pay  of  Members  and  Officers.— BEOOKS— HINDS. 


Priddy,  Puntney,  Eawlings,  Eeynolds,  Eounsaville,  Samuels,  Sarber,  Scott, 
Shoppach,  Sims,  Smith,  Yan  Hook,  Walker,  White,  Williams,  Wright,  Wyatt, 
and  the  President — 50. 

'Nays  :  Messrs.  Bell,  Gray  of  Jefferson,  Hatfield,  Hawkins,  Hinds,  Hinkle, 
Hodges  of  Pulaski,  Mallory,  Merrick,  Misner,  Murphy,  McClure,  Oliver,  Eec- 
tor,  Sams,  Snyder,  and  Wilson — 17. 

So  the  amendment  was  agreed  to. 

After  some  inquiry  and  discussion  as  to  the  effect  of  the  adoption  of  the 
amendment, 

Mr.  HINDS  moved  to  strike  out,  before  the  word  "spent,"  the  word 
"  necessarily,"  and  to  insert,  instead  thereof,  the  word  "  actually and 
announced  his  intention  to  say  a  few  words  upon  the  subject  of  the  amend- 
ment. 

Mr.  BEOOKS.  I  rise  to  a  point  of  order.  And  in  so  doing,  I  wish  it 
to  be  understood  that  I  have  not  the  slightest  repugnance  to  the  amend- 
ment; I  must,  however,  be  allowed  to  insist  that  we  proceed  in  accord- 
ance with  the  rules  of  order.  An  amendment  having  been  rejected,  it  is 
not  competent  to  move  it  again  in  substance,  changing  only  a  solitary  word. 

The  PRESIDENT.  The  Chair  is  of  opinion  that  the  point  of  order  is 
well  taken. 

Mr.  HINDS.  I  contend,  however,  that  the  amendment  which  I  offer  is 
not  the  same  that  has  been  acted  upon,  as  I  believe  I  can  show  to  the 
Chair. 

The  PRESIDENT.  The  Chair  has  decided,  simply,  upon  the  point  of 
order  as  stated.  If  substantially  the  same  as  before  offered,  the  amend- 
ment is  not  in  order. 

Mr.  HINDS  was  understood  to  move  an  amendment  providing  that 
members  should  receive  eleven  dollars  per  day  for  each  day  actually  con- 
sumed in  travelling  to  and  from  the  session  of  the  Convention.  He  re- 
marked : 

Now,  sir,  I  have  a  word  to  say  upon  this  subject.  It  is  not  supposed, 
by  any  gentleman  a  delegate  to  this  Convention,  that  he  is  going  to  make 
anything  out  of  his  travel,  or  that  he  could  expect  to  receive  any  profit 
for  his  services  in  this  bod}^  I  do  not  think  it  right  or  proper  that  a 
gentleman  who  travels  three  hundred  or  seven  hundred  miles,  to  attend 
the  session  of  this  Convention,  and  occupies  three  or  four  days  in  coming 
here,  should  receive  five  hundred  dollars  for  his  travel.  If  a  gentleman 
is  necessarily  travelling  upon  a  certain  route,  he  is,  of  course,  entitled  to 
pay  based  upon  the  length  of  that  route.  But  we  should  have  some 
reason  in  this  matter.  We  should  so  average  the  mileage  as  not  to  allow 
gentlemen  who  spend  three  or  four  days  in  coming  here,  to  be  paid  at  the 
rate  of  fifty  or  sixty  dollars  per  day  for  that  service ;  and  I  would  like  to 
put  the  matter  in  such  shape  that  the  gentlemen  so  situated  shall  receive 
(  276  ) 


Jan.  23d.]   AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [14th  Day. 


Pay  of  ^lembers  and  Officers.— HIXDS—^IcCOWN—MOKTGOMEEY. 


no  more,  or  only  a  little  more,  for  the  time  consumed  by  them  in  travelling, 
over  and  above  their  actual  expense,  than  we  receive  for  tbe  time  spent  in 
the  actual  duties  of  the  Convention. 

Mr.  McCOWX.  I  rise  to  a  point  of  ordey.  The  amendment  submitted 
by  the  gentleman  from  Pulaski  [Mr.  Hinds]  is  substantially  the  one  that 
has  been  defeated.  It  is  the  same  pig,  with  its  tail  cut  oif  to  disguise  it. 
[Laughter.]  It  is  the  same  individual;  and  if  you  will  analyze  it,  you  will 
see  it  is  the  same. 

Mr.  HIXDS.  It  is  substantially  the  same. 

Mr.  McCOWX.  It  is  a  mere  change  of  the  sum  of  money,  and  not  a 
change  of  the  spirit  or  intent. 

The  PEESIDEXT.  The  question  seems  to  be,  in  regard  to  the  basis  of 
mileage.  The  Chair  will  hear  any  explanation  the  gentleman  from  Pu- 
laski [Mr.  Hinds]  may  offer,  relative  to  the  point  of  order  raised. 

Mr.  HIXDS.  When  there  is  a  difference  in  money,  I  take  it  there  is  a 
substantial  difference — money  is  a  substantial  thing,  and  when  you  change 
from  one  figure  to  another,  the  change  is  a  substantial  one. 

After  some  further  remarks  upon  the  point  of  order  raised, 

Mr.  HIXDS  was  permitted  to  proceed,  and  remarked:  I  am  not  dis- 
posed to  take  such  action,  here,  as  will  allow  gentlemen  the  sum  which  it 
is  proposed  shall  be  realized  in  the  form  of  mileage.  If,  for  instance,  a  gen- 
tleman from  Hempstead  County  occupies  four  days  in  coming  to  the  Con- 
vention, he  would  receive,  by  the  plan  proposed,  four  times  eleven — forty- 
four — dollars  per  day,  for  the  time  consumed  in  his  travel.  Xow,  suppose 
a  gentleman  from  Mississippi  County  is  five  or  six  days,  or  ten  days,  in 
coming,  he  would  receive  ten  times  that  amount — sa}-,  one  hundred  and 
twenty  dollars.  That  will  pay  an}'  man's  travelling  expenses  in  comi^ig 
here  and  a  per  diem  besides.  And  that,  I  think,  is  the  desire  of  the 
members  of  this  Convention.  I  think  it  the  desire  of  those  gentlemen 
who  live  near  the  Capital,  that  those  from  a  distance  shall  be  paid  a  fair 
sum,  but  not  an  exorbitant  one.  One  hundred  or  one  hundred  and  twenty 
dollars  will  pay  the  travelling  expenses  of  any  gentleman  in  tbe  Conven- 
tion,— and  will  pay  him  very  well. 

Mr.  McCOW^^".  I  am  not  surprised  that  the  gentleman  from  Pulaski 
[Mr.  Hinds]  is  not  disposed  to  allow  muck  mileage,  inasmuch  as  he  lives 
here,  and  it  is  very  convenient  for  him  to  stay  here.  I  think  it  possible 
that  he  can  stay  here  a  good  deal  cheaper  than  we  can. 

I  move  to  lay  the  gentleman's  amendment  on  the  table. 

Mr.  MO]^TGO]MERY.  I  am  not  in  favor  of  laying  the  proposition  upon 
the  table.    Should  that  be  established  as  a  precedent  

Mr.  ]BEOOKS.  I  rise  to  a  point  of  order.  A  motion  to  lay  upon  the 
table  is  not  debatable. 

(  277  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Thursday, 


Pay  of  Members  and  Officers.— MONTGOMERY— BKOOKS— HINDS. 


Mr.  McCOWE"  withdrew  the  motion. 

Mr.  MOOTGOMERY.  The  gentleman  desires  to  amend  so  that  mem- 
bers of  the  Convention  shall  receive  eleven  dollars  per  day  for  the  time 
occupied  in  coming  to  this  Convention.  For  all  that  I  know  some  mem- 
bers may  have  started  a  month  before  the  opening  of  the  session  of  this 
body,  and  have  gone  round  to  visit  their  friends,  and  still  have  actually 
been  upon  their  way  hither  during  that  time.  Gentlemen  come  by  some 
conveyances  more  quickly  than  by  others,  and  they  have  to  pay  a  high 
price  for  the  privilege.  I  have  never  yet  known,  in  any  legislative  body — 
and  I  have  examined  the  proceedings  of  some — I  have  never  known  of  a 
case  where  mileage  was  fixed  in  that  way.  I  have  always  known,  and  I 
believe  every  gentleman  here  has  always  known,  that  mileage  is  always 
fixed  at  so  much  for  every  mile's  travel, — computing  it  by  the  rate  per 
diem ;  and  I  shall  insist,  so  far  as  I  am  concerned,  that  the  rule  be  fixed 
in  that  way.  I  think  the  proposition  is  good  enough  as  it  now  stands, 
without  further  amendment. 

Mr.  BROOKS.  I  very  much  regret  to  seem  to  be  in  the  attitude  of 
opposing  a  movement  looking  toward  economy;  and  yet  the  amendment 
of  the  gentleman  from  Pulaski  [Mr.  Hinds]  economizes  a  little  too  closely 
for  our  comfort.  If  that  amendment  prevail,  we  shall  not  be  able  to  cover 
expenses  and  return  home.  By  taking  the  most  expeditious  and  economi- 
cal route,  we  can  take  the  figuring  as  closeljr  as  is  really  practicable,  unless, 
indeed,  we  can  walk — and  I  am  not  sure  even  of  that,  as,  for  my  own 
part,  I  am  not  a  good  walker.  If  we  are  to  make  sacrifices  for  recon- 
struction, then  the  gentleman's  amendment  will  be  a  very  good  one;  but 
if  we  are  to  cover  our  expenses,  we  cannot  figure  more  closely  upon  the 
question  of  mileage  than  we  have  already  done. 

The  PEESIDEN'T.  The  Chair  has  permitted  the  discussion  upon  the 
amendment  of  the  gentleman  from  Pulaski  [Mr.  Hinds]  to  proceed,  in 
order  that  the  Chair  might  meanwhile  be  enabled  to  examine  the  point  of 
order  which  has  been  raised  in  regard  to  the  admissibility  of  the  amend- 
ment. The  Chair  will  not  take  the  responsibility  of  deciding  that  the 
amendment  is  out  of  order. 

Mr.  McCOWjN"  moved  that  the  amendment  be  rejected. 

Mr.  MONTGOMERY.  My  stage  fare  is  twenty  dollars.  My  additional 
travelling  expenses  were  about  twenty  dollars.  Upon  the  basis  of  the 
amendment  ofiered  by  the  gentleman  from  Pulaski  [Mr.  Hinds],  I  shall 
receive  twenty-two  dollars ;  and  I  shall  be  eighteen  dollars  out  of  pocket. 

Mr.  HIN^DS.  I  am  willing  to  say  twenty  dollars  a  day.  It  is  not  pro- 
posed by  me,  or,  I  think,  by  any  gentleman  in  the  Convention,  to  do  other 
than  justice. 

I  wish,  further,  to  call  attention  to  a  proviso  which  I  regard  as  desirable. 
I  understand  there  are  certain  gentlemen  who  are  disposed  to  doubt  the 
(  278  )  .  ■ 


Jan.  23d.]   AEKAXSAS  COXSTITrTIOXAL  COXYEXTIOX.  [14th  Day. 


Pay  of  Members  and  Officers.— GEXERAL  DEBATE. 


constitutionality  of  this  Convention.  Those  gentlemen  of  course  will  be 
disposed  to  refuse  any  per  diem — in  fact,  I  notice  that  those  gentlemen 
vote  against  every  proposition  for  pay. 

Mr.^MOXTGOMEEY.  I  rise  to  a  point  of  order.  The  gentleman  is 
not  speaking  to  the  question. 

Mr.  EEYl^'OLDS.  AVe  will  not  receive  pay,  provided  our  people  are 
not  taxed.  If  the  gentleman  will  accept  an  amendment  to  the  effect  that 
our  counties  shall  not  be  taxed,  we  will  take  no  pay  for  our  services. 

Mr.  HIXDS.  I  suppose,  of  course,  every  gentleman  who  votes  against 
taxation  will  vote  against,  and  refuse  to  receive,  any  pay.  If  that  class  of 
gentlemen  think  ten  dollars  per  daj-  is  too  much,  let  them  receive  as  much 
as  their  services  are  Avorth.  If  they  object  to  the  Constitutionality  of  the 
whole  proceeding,  they  will  of  course  object  to  receiving  any  sum  what- 
ever. 

I  withdraw  the  amendment,  so  far  as  the  amount  is  concerned,  and 
propose  to  increase  the  amount  to  twenty  dollars  per  day. 

After  some  discussion  as  to  the  parliamentary  aspect  of  the  question 
before  the  Convention, 

Mr.  HIXDS  withdrew  the  proposition  to  fix  the  per  diem  of  members 
during  actual  travel  at  twenty  dollars  per  day,  and  renewed  his  amend- 
ment fixing  the  same  at  eleven  dollars. 

Mr.  MOXTG-OMEEY  moved  to  amend  the  amendment  by  striking  out 
the  word  "  eleven,"  and  inserting,  instead  thereof,  the  words  "  two  and  a 
half.-"'  [Laughter.] 

Mr.  SMITH  ofiered  the  following  substitute : 

Eesohed  by  this  Convention  :  That  members  of  this  body  be  allowed  eight 
dollars  per  day.  including  the  time  necessarily  spent  in  coming  to  and  return- 
ing from  the  place  of  meeting;  that  the  Secretary  be  ahowed  twelve  dollars 
per  day,  the  Assistant  Secretaries,  Chaplain,  and  Sergeant-at-Arras,  be  allowed 
eight  dollars  per  day  j  that  the  Assistant  Sergeants-at-Arms,  Doorkeepers,  and 
Postmaster,  shall  receive  six  dollars  per  day;  that  the  Pages  be  allowed  three 
dollars  per  day.  and  that  the  President  receive  double  the  per  diem  of  mem- 
bers. The  mileage  to  be  that  established  by  law  for  members  of  Congress,  the 
distance  to  be  computed  by  the  usually  travelled  route. 

Mr.  McCOWX  moved  that  the  substitute  be  rejected.  [Merriment] 
Mr.  BROOKS.  I  hope  that  we  are  through  with  our  music,  now,  and 
that  we  will  settle  down  to  sober  business.    I  think  the  substitute  is  sub- 
stantially what  should  be  adopted.    AVhen  the  Ordinance  was  before  the 
Convention,  I,  with  another  member,  voted  constantly,  as  long  as  we  had 

the  opportunity  of  voting  

Mr.  McCLHRE  rose  to  a  point  of  order.   An  amendment  being  already 

(  279  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Pay  of  Members  and  Officers.— BROOKS. 


before  the  Convention,  and  an  amendment  to  that  amendment  having 
been  submitted,  the  substitute  was  not  in  order. 

The  PRESIDENT  decided  the  proposition  of  the  gentleman  from  Phil- 
lips [Mr.  Smith]  to  be  in  order,  as  a  substitute  for  the  amendment  pend- 
ing. 

Mr.  BEOOKS  continued,  in  substance  as  follows :  I  was  about  to  say, 
sir,  that  when  the  question  was  pending,  before  the  Convention,  upon  the 
adoption  of  the  Ordinance,  two  of  us  voted  for  w^hat  is,  in  substance,  pre- 
sented in  the  present  substitute, — eight  dollars  per  day  for  members,  and, 
as  nearly  as  we  could  get  at  it,  mileage  to  correspond  with  what  is  now 
proposed,  namely,  a  per  diem  for  members,  covering  their  time  from  the 
date  of  leaving  their  homes  to  that  of  their  return  to  their  business,  and 
twenty  cents  per  mile  for  expenses,  the  amount  established  by  law  for 
members  of  Congress,  and  about  what  is  usually  appropriated  for  such 
purposes  in  all  well-regulated  legislative  bodies  throughout  the  country. 
It  is  wholly  unnecessary  for  us  to  be  fastidious,  or  morbidly  sensitive,  in 
regard  to  these  questions.  We  have  to  meet  and  dispose  of  them  as  busi- 
ness. I  think  that  the  amount  now  proposed  is  about  what  we  should 
vote  ourselves.  Then,  with  respect  to  the  officers  of  the  Convention. 
While  we  cannot  propose  to  adjust  with  the  nice  accuracy  that  we  should 
use  in  a  private  business  transaction,  the  compensation  of  these  gentlemen, 
1  think  the  sum  proposed  about  corresponds  with,  that  proposed  for  our- 
selves. And  whatever  may  be  said  with  respect  to  Buncombe,  or  bom- 
bast, or  electioneering — all  of  which,  I  suppose,  enter  more  or  less  into  the 
discussion  of  every  matter  of  this  kind, — I  hope  that  no  gentleman  will 
allow  such  considerations  in  any  manner  to  control  his  vote.  Let  us  deal 
with  the  question  calmly  and  soberly,  and  facing  all  the  facts.  If  the 
country  w^ere  in  a  prosperous  condition,  if  the  crops  of  the  last  season  had 
been  abundant,  if  they  had  commanded  an  ordinary  price,  we  should  have 
been  justified,  without  regard  to  what  captious  persons  among  our  constit- 
uents would  say,  in  voting  ourselves  ten  dollars  per  diem.  That  would  not 
be  very  extravagant,  and,  under  any  circumstances,  only  fair  pay.  We  may 
not  receive  pay  in  current  funds,  but  may  have  to  pay  a  small  discount 
upon  the  Treasury  warrants,  or  whatever  we  may  receive.  I  believe,  how- 
ever, that  if  we  pursue  a  prudent,  economical  course,  we  shall,  in  a  few  days, 
receive  our  pay  from  the  Treasury.  But  suppose  we  should  be  compelled 
to  take  paper  and  discount  it  at  a  small  percentage.  I  submit  whether 
we  cannot  w^ell  afford  to  pay  a  small  discount  on  eight  dollars  per  day, 
including  the  time  spent  in  coming  to  and  returning  from  the  Conven- 
tion,— we  drawing,  at  the  same  time,  mileage  at  the  rate  of  tw^enty  cents 
per  mile.  I  think  I  am  quite  disposed  to  do  as  well  for  myself  and  my 
family,  at  all  times  and  under  all  circumstances,  as  I  can  with  honor  and 
consistency;  and  I  subscribe  to  the  doctrine  taught  in  Holy  Scripture, 
(  280  ) 


Jan.  23d.]  AEKAXSAS  COXSTITUTIOXAL  COXYEJS^TIOX.  [Utli  Day. 
Pay  of  Members  and  Officers.— BEOOKS— SMITH. 


that  the  laborer  is  worthy  of  his  hire.  I  would  gladly  see  these  honorable 
gentlemen — whose  services  are  valuable — well  paid  for  their  labors.  But  I 
say,  honestly,  sincerely,  and  conscientiously,  before  God  and  before  my 
constituents,  I  think  we  ought  to  be  content  with  eight  dollars  per  day, 
and  twenty  cents  per  mile.  Of  course,  if  this  and  similar  amendments 
shall  be  defeated,  and  we  are  shut  up  to  the  necessity  of  voting  for  or 
against  the  Ordinance,  and  either  voting  for  a  larger  sum  than  I  have 
named,  or  depriving  of  all  pay  these  honorable  gentlemen,  many  of  whom 
are  sorely  pressed  for  funds,  we  shall  vote  for  the  Ordinance.  "We  are  not 
factious.  I  am  not.  I  know  many  gentlemen  who  think  with  myself, 
and  who  will  vote  with  me  in  favor  of  that  substitute;  and  that  not  for 
Buncombe,  or  for  any  purpose  of  faction,  but  for  purposes  of  economy,  of 
the  public  good, — for  the  interests  of  the  tax-payers  of  Arkansas.  We  do 
it  in  the  interests  of  the  Constitution  which  we  propose  to  submit  to  the 
people:  we  do  it  in  the  interest  of  reconstruction,  of  civil  government,  of 
good  order,  and  of  the  peace  and  prosperity  of  the  State.  I  love  money 
as  well  as  any  man  can  love  it  consistently  with  duty;  but  I  do  not  love  it 
well  enough  to  accept  more  than  is  consistent  with  duty.  I  do  not  mean 
that  I  have  such  a  sensitive  conscience  upon  the  subject  that  I  cannot 
accept  ten  dollars  per  day  in  case  the  judgment  of  the  Convention,  thor- 
oughly elaborated  and  matured,  shall  be  that  ten  dollars  per  day  is  the 
proper  compensation  for  our  services.  Of  course  I  shall  accept  that  de- 
cision ;  I  have  not  that-morbid  kind  of  conscience  which  would  lead  me 
to  do  otherwise.  But  I  think  we  ous^ht  to  be  content  with  eio;ht  dollars. 
If  we  do  suffer  a  little  "  shave,"  we  shall  still  get  along  very  comfortably. 
There  are  many  gentlemen  here  who  have  planted  cotton  in  Arkansas 
during  the  last  two  or  three  years;  and  eight  dollars  per  day  is  a  very 
gentle  ''shave"  to  men  who  have  lost  forty  or  fifty  thousand  dollars  per 
year.  I  do  not  mean  to  advocate  any  proposition  which  will  not,  under 
all  circumstances,  afford  a  fair  compensation.  But,  gentlemen, — breth- 
ren ! — let  us,  in  the  interests  of  our  constituents,  in  the  interests  of  our 
State,  in  the  interests  of  reconstruction — let  us  be  consistent  with  our  duty 
to  the  people,  when  our  constituents  are  crying  for  bread !  Let  us  be  con- 
tent with  eight  dollars  per  day  and  twenty  cents  mileage. 

After  some  discussion  upon  the  parliamentary  aspect  of  the  question 
before  the  Convention, 

The  PEESIDEXT  stated  the  question  before  the  Convention  to  be  upon 
the  rejection  of  the  substitute  offered  by  the  gentleman  from  Phillips  [Mr. 
Smith]. 

Mr.  SMITH.  The  gentleman  from  Desha  [Mr.  Sims]  suggests  to  me 
that  the  substitute  be  amended,  by  providing  that  none  but  members  of 
the  Convention  receive  mileage. 

(  281  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Pay  of  Members  and  Officers.— MONTGOMEKT—McCOWN—CYPEET— HODGES. 


The  PRESIDENT.  The  question  is  upon  the  rejection  of  the  substi- 
tute; and  no  amendment  relating  back  to  the  substitute  will  be  in  order. 

Mr.  MONTGOMERY  favored  the  motion  for  rejection.  Some  mem,- 
bers  might  be  able  to  attend  the  session  of  the  Convention  and  pa}^  their 
own  expenses;  he  could  not.  If,  however,  the  members  were  to  be  paid 
for  the  time  actuall}^  consumed  in  travel,  he  wished  to  state  that  he  had 
started  from  home  about  two  weeks  before  the  Convention  met.  [Laugh- 
ter.] 

Mr.  McCOWN  suggested  that,  should  the  substitute  be  adopted,  there 
was  nothing  to  prevent  a  member,  so  that  be  started  from  home,  taking  a 
circuit  of  five  thousand  miles  to  reach  the  Convention,  and  charging  for 
his  time  accordingly.  He  did  not  question  the  entire  sincerity  of  the  gen- 
tleman from  Phillips  [Mr.  Brooks],  in  his  expressed  views  upon  the  sub- 
ject; but  that  gentleman  was  very  differently  situated,  in  regard  to  his 
facilities  for  travel,  from  members  who  came  from  the  interior  of  the  State. 
As  to  the  idea  thrown  out  by  other  gentlemen,  that  their  people  must  be 
taxed  for  the  payment  of  compensation  to  members  of  the  Convention,  he 
would  remark  that  the  tax  was  already  levied,  and  the  reception,  by  mem- 
bers, of  their  per  diem,  would  be  carrying  the  money  back  to  their  constit- 
uents. If  to  reduce  the  per  diem  would  reduce  the  tax,  he  would  be  in 
favor  of  the  measure ;  but  it  would  have  no  such  effect.  The  tax  would 
be  levied  in  any  event,  and  he  wanted  to  carry  some  of  it  home  with  him. 
Besides,  under  the  peculiar  surrounding  circumstances,  the  scrip  that 
might  be  received  might  be  brought  down  to  fifty  cents  on  the  dollar,  or 
twenty-five.  If  the  Convention  should  succeed  in  obtaining  money  from 
the  Treasury,  the  matter  could  be  reconsidered,  and  the  per  diem  re- 
duced. 

Mr.  CYPERT.  I  have  no  motion  or  proposition  to  offer.  The  remarks 
of  the  gentleman  from  Pulaski  [Mr.  Hinds]  seem  to  me  very  remarkable; 
and  it  occurred  to  me,  from  what  he  said,  that  it  had  probably  been  in  the 
minds  of  this  Convention  to  ravish  us  with  some  money, — since  he  thought 
it  necessary  to  provide  that  we  should  not  be  ravished  with  it,  against  our 
wills.  When  it  comes  to  poking  money  upon  me,  I  think  I  shall  be  like 
the  ancient  ladies  in  the  storming  of  the  city,  who,  after  a  sufficient  time, 
in  their  apprehensions,  had  elapsed,  for  outrages  to  commence,  asked  when 
the  ravishing  would  begin.  Whenever  you  undertake  to  ravish  me  with 
money,  I  expect  I  shall  take  it !  [Much  laughter.] 

Mr.  HODGES,  of  Pulaski.  So  far,  I  have  had  nothing  to  say  upon  this 
subject.  But  this  matter  may  be  of  more  importance  than  some  of  us 
think.  I  am  in  favor  of  the  substitute.  I  believe  there  is  no  gentleman 
here,  who,  upon  that  basis,  will  not  have  his  expenses  paid,  and  something 
more  ;  and  I  think  the  mileage  proposed  is  quite  equal  to  any  ever  paid, — 
that  is,  when  you  take  into  consideration  that  you  are  paid,  from  the  day 
(  282  ) 


Jan.  23d.]   AEKANSAS  COXSTITUTIO^^AL  CONYEIS^TIOX.  [14th  Day. 


Pay  of  Members  and  Officers.— LAXGLET—MALLOPvT— BROOKS— HIXDS. 


you  start  from  home,  for  the  whole  time  necessarily  occupied  in  travel. 
The  substitute  would  certainly  not  permit  any  gentleman  who  needs  but 
three  days  to  come  here,  to  occupy  two  weeks  in  the  journey,  unless  his 
conscience  is  very  greatly  stretched. 

Mr.  LA^N'G-LEY.  I  am  honestly  of  the  opinion  that  eight  dollars  a  day 
is  not  too  much.  I  am  as  conscientious  as  any  man  in  this  house.  I 
believe  my  constituents  are  willing  to  pay  me  for  my  expenses  here. 
Millions  of  dollars  have  been  spent;  and  I  believe  that  we  have  a  just 
right,  now,  to  be  paid  our  dues  from  the  Treasury.  AVe  have  already 
been  at  considerable  expense.  We  have  canvassed  our  counties,  and  have 
done  so  at  our  own  cost.  It  does  seem  to  me  that  ten  dollars  a  day  is 
little  enough.  I  do  not  consider  it  anything  like  extortion ;  nor  do  I 
believe  that  it  will  injure  us  with  the  people.  I  make  these  remarks  only 
to  let  people  know  that  I  conscientiously  believe  we  should  be  paid.  I 
shall  vote  against  the  substitute. 

Mr.  MALLORY.  I  am  in  favor  of  the  substitute,  except  so  far  as  mileage 
is  concerned.  I  start  out  on  this  broad  proposition — that  ten  dollars  a 
day  will  pay  the  expenses  of  an}^  man  in  this  Convention.  The  honorable 
member  from  Lafavette  comes  here  in  four  davs.  He  travelled  nio;ht  and 
day  to  reach  this  city ;  and  the  wording  of  this  substitute  is  such  that  it 
allows  him  one  day  for  every  ten  hours  that  he  may  travel — such  being 
the  law  of  the  State.  I  am  not  in  favor  of  any  measure  which  proposes 
to  pay  to  any  one  member  of  this  Convention  four  hundred,  three  hundred, 
or  two  hundred  and  fifty  dollars  more  than  to  any  other  member.  By  the 
Ordinance,  as  it  was  originally  drawn,  gentlemen  could  take  any  route 
they  saw  fit,  and  be  paid  for  it.  As  the  substitute  now  stands,  a  member 
is  jjaid  enough,  for  his  per  diem  alone,  to  reimburse  his  entire  expenses  of 
travel. 

Mr.  BROOKS.  The  amount  per  diem,  as  proposed  by  the  substitute,  is 
eight  dollars. 

Mr.  MALLORY.  I  am  in  favor  of  the  substitute:  but  I  would  say  that 
the  probability  is,  that  we  cannot  unite,  in  one  Ordinance,  provisions 
which  will  accord  with  the  personal  feelings  of  all  of  us.  This  is,  probably, 
as  near  as  we  can  get  at  it,  and  constitutes  a  kind  of  compromise  between 
the  various  views  entertained  by  gentlemen  on  this  floor.  I  hope,  there- 
fore, that  the  Ordinance  will  be  voted  down,  and  that  the  substitute  will 
pass. 

Mr.  HII^nDS.  I  think  I  can  make  the  substitute  proposed  rather  popjilar, 

by  adding  to  it  a  proviso — if  the  gentleman  [Mr.  Smith]  will  allow  me  

The  PRESIDENT.  It  is  not  in  order  to  ofler  a  proviso,  at  this  time. 
Mr.  HIXBS.  I  asked  the  consent  of  the  gentleman. 
The  PRESIDEis'T.  It  is  not  in  order,  even  with  his  consent,  at  this  time. 
Mr.  BROOKS  asked  for  the  yeas  and  nays. 

(  283  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Pay  of  Members  and  Officers.— GENEEAL  DEBATE. 


The  yeas  and  nays  were  ordered. 

The  question  was  then  taken  upon  the  motion  to  reject  the  substitute; 
and  it  was  decided  in  the  negative, — Yeas  29,  IsTays  37,  as  follows : 

Yeas:  Messrs.  Belden,  Coates,  Cypert,  Duvall,  Exon,  Harrison,  Hawkins, 
Hinkle,  Hollis,  Hoge,  Houghton,  Langley,  Mason,  Matthews,  Merrick,  Mont- 
gomery, McCown,  McClure,  Moore,  Oliver,  Eawlings,  Samuels,  Scott,  Walker, 
Wilson,  White,  Wilhams,  Wyatt,  and  the  President — 29. 

ISTays:  Messrs.  Beasley,  Bell,  Brashear,  Brooks,  Corbell,  Dale,  Evans,  Gantt, 
Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hicks,  Hinds,  Hodges  of  Critten- 
den, Hodges  of  Pulaski,  Hutchinson,  Kyle,  Mallory,  Misner,  Millsaps,  Murphy, 
]N"orman,  Owen,  Poole,  Portis,  Priddy,  Puntney,  Eector,  Eeynolds,  Eounsaville, 
Sams,  Shoppach,  Sims,  Smith,  Snyder,  Yan  Hook,  and  Wright — 37. 

So  the  Convention  refused  to  reject  the  substitute. 

Pending  the  call  of  the  roll, 

Mr.  HATFIELD  asked  to  fee  excused  from  voting. 

Objection  being  made, 

Mr.  HATFIELD  voted  ITo. 

The  vote  was  then  announced,  as  above. 

Mr.  III]N"DS  then  moved,  as  an  amendment  to  the  substitute,  the  addi- 
tion of  the  following: 

Provided^  No  member  be  required  to  take  his  pay  or  mileage  if  he  is  in  doubt 
as  to  the  constitutionality  or  legality  of  the  proceedings  of  the  Convention. 

Mr.  COATES.  I  move,  as  an  amendment  to  the  amendment,  that  we 
compel  these  gentlemen  to  take  the  money.  [Much  laughter.] 

Mr.  WILSON  moved  that  both  the  amendment,  and  the  amendment  to 
the  amendment,  be  rejected. 

The*  question  was  taken ;  and  the  motion  was  agreed  to. 

Mr.  WILSON.  I  move  to  amend  by  substituting,  for  the  whole  propo- 
sition before  the  Convention,  the  Ordinance  adopted  yesterday. 

The  PRESIDENT.  The  motion  cannot  be  entertained.  That  question 
has  been  settled.  The  question  before  the  Convention  is  upon  the  adop- 
tion of  the  substitute  for  that  Ordinance. 

Mr.  MALLORY  moved  the  previous  question. 

The  vote  was  taken  on  the  question,  "  Shall  the  main  question  be  now 
put?"  and  the  motion  was  not  agreed  to, — Ayes  28,  Noes  30. 
Mr.  McCLURE  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

Mr.  KYLE.  I  have  heard  it  suggested  that  the  Reporter  is  not  provided 
for.    Is  he  provided  for  in  that  substitute? 
(  284  ) 


Jan.  23d.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [Utli  Day, 


Pay  of  Members  and  Officers.— GE^^'EEAL  DEBATE. 


The  PRESIDENT.  It  is  too  late,  now,  to  modify  the  proposition  before 
the  Convention. 

Mr.  McCLURE.  I  find  this  is  not  an  ordinance,  but  a  resolution. 
The  PRESIDEXT.  It  was  passed  with  the  understanding  that  it  was 
an  ordinance. 

The  question  was  taken:  and  it  was  decided  in  the  negative, — Yeas  29, 
^N'ays  37,  as  follows  : 

Yeas:  Messrs.  Beasley.  Bell.  Brooks.  Corbell.  Dale.  Evans.  Gantt,  Gray  of 
Jefferson.  Grey  of  Phillips,  Hatfield.  Hicks,  Hinds,  Hinkle.  Hodges  of  Crit- 
tenden. Hodges  of  Pulaski.  Hallory,  ]\Iisner.  lloore,  ISTorman.  Owen.  Priddy, 
Eeynolds.  Eoiiusaville.  Shoppach.  Smith.  Yan  Hook.  "Walker.  "White,  and 
Wright*— 29. 

'Nays:  Messrs.  Belden,  Brashear,  Coates.  Cypert.  Duvall.  Exon.  Harrison, 
Hawkins.  Hollis,  Hoge.  Houghton,  Hutchinson.  Kyle.  Eangley,  Mason.  Mat- 
thews. Merrick.  Millsaps,  Montgomery,  Murphy,  McCown,  McClure,  Oliver, 
Poole.  Portis.  Puntney.  Eawlings,  Eector,  Sams,  Samuels,  Sarber,  Scott,  Sims, 
Snyder.  A^'ilson,  Williams,  and  Wright* — 37. 

So  the  Convention  refused  to  sustain  the  call  for  the  previous  cpaestion. 

Mr.  MOiNTGOMEHY^  obtained  the  fioor,  to  speak  to  the  question  of 
the  adoption  of  the  Ordinance. 

The  PEESEDEXT.  The  Convention  has  decided  that  the  main  question 
shall  not  now  be  put,  which  disposes  of  the  Ordinance  for  this  dav. 

Mr.  HODGES,  of  Pulaski,  questioned  the  correctness  of  the  decision 
of  the  Chair. 

The  PEESEDEXT.  The  Chair  will  refer  the  gentleman  to  the  author- 
ities. 

Mr.  HODGES,  of  Pulaski.  I  would  respectfully  insist  that  there  are 
plenty  of  precedents  to  the  eflect  that  the  decision  of  the  Convention, 
upon  the  motion  for  the  previous  question,  leaves  the  main  question  still 
before  us.    The  rule,  as  stated  by  the  Presidext,  held  formerly. 

Mr.  MOXTGOMEEY.  I  call  the  attention  of  the  Convention  to  the 
fact  that  the  proposition  submitted  in  no  way  provided  for  the  compensa- 
tion of  our  services  :  it  only  provided  for  our  pay  in  coming  and  returnino-. 

Mr.  SMITH.  If  that  be  the  true  construction,  then  I  know  nothing 
about  lano'uao'e. 

ADJOURXMEXT. 

Mr.  MAELOKY  moved  that  the  Convention  adjourn. 

Mr.  BEOOKS.  I  hope  we  may  not  adjourn.    I  shotild  very  much  like 

*  By  manifest  inadvertence,  3Ir.  T^'EIGHT's  name  is  in  the  Journal  recorded  and  counted 
botli  among  the  Yeas  and  the  Xavs.  It  may,  in  one  or  the  other  instance,  hare  been  con- 
founded, in  making  up  the  record,  Tvith  the  name  of  the  Presidext. — Eeporter. 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


COMMITTEE  OF  THE  WHOLE— Kelief  for  Poor  of  the  State— CYPERT. 


it  if  the  Convention  would  consider  the  subject  which  was  brought  for- 
ward in  the  Report  of  the  Committee  on  the  Relief  of  the  Poor. 

Mr.  CYPERT  moved  that  the  Convention  resolve  itself  into  Committee 
of  the  Whole,  to  take  into  consideration  the  Report  of  the  Special  Com- 
mittee appointed  to  prepare  and  present  a  memorial  to  the  Congress  of 
the  United  States,  asking  relief  for  the  suffering  poor  of  the  State  of 
Arkansas. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

COMMITTEE  OF  THE  WHOLE. 

The  Convention  accordingly  resolved  itself  into  Committee  of  the 
Whole  [Mr.  Mallory  in  the  Chair],  and  proceeded  to  the  consideration 
of  the  Report  of  the  Special  Committee  appointed  to  prepare  and  present 
a  memorial  to  the  Congress  of  the  United  States,  asking  relief  for  the  suf- 
fering poor  of  the  State  of  Arkansas. 

Mr.  BEASLEY.  If  I  am  not  out  of  order,  I  would  simply  urge  the 
necessity  of  settling  this  question  of  compensation,  to-day. 

Mr.  GANTT  rose  to  a  point  of  order.  Under  the  decision  of  the  Pres- 
ident, that  question  could  not  be  further  acted  upon  during  the  day. 

The  CH AIRMAIL.  The  point  is  well  taken.   The  matter  is  disposed  of. 

Mr.  BROOKS.  I  would  ask  to  have  the  Report  on  Relief  presented  to 
the  Committee  of  the  Whole,  as  a  basis  for  our  reflections  and  action. 

The  SECRETARY  read  the  Report,  as  follows : 

PvEPOKT  OE  COMMITTEE  ON  KELIEF. 

Your  Committee  have  elicited  the  following  facts.  In  many  of  the  counties 
large  numbers  of  persons  are  severely  pressed  for  food,  being  well-nigh  desti- 
tute of  meat.  In  other  counties,  where  the  crop  of  the  last  season  consisted 
chiefly  of  cotton,  startling  destittition  prevails.  Gaunt  famine  stalks  abroad ! 
the  people  are  crying  out  for  bread.  They  are  ready  and  willing  to  labor,  but 
employment  cannot  be  obtained.  The  usual  agencies,  county  courts  and  public 
benevolence,  seem  quite  insufiicient  to  meet  this  crying  demand  for  the  neces- 
saries of  life. 

Your  Committee  have  thus  far  been  unable  to  reach  any  satisfactory  conclu- 
sion as  to  the  most  efiicient  scheme  for  meeting  this  exigency.  They  there- 
fore ask  that  this  brief  statement  of  the  situation  be  submitted  to  the  consid- 
eration of  the  Convention,  in  Committee  of  the  Whole. 

Joseph  Brooks, 

Chairman. 

Mr.  CYPERT.  The  Committee,  in  investigating  the  question  of  relief 
for  the  suflfering  poor,  had  before  them  a  number  of  persons,  from  diflerent 
parts  of  the  State,  giving  information  in  regard  to  the  destitution  in  their 
(  286  ) 


Jan.  23d.]   AEKAXSAS  COXSTITUTIOXAL  COXYEXTIO^".   [14th  Bay. 


COMMITTEE  OF  THE  WHOLE— Belief  for  Poor  of  the  State— CTPEET—BOWEN. 


particular  localities;  and  we  attempted,  amongst  ourselves,  to  arrive  at 
some  practicable  plan  of  relief.  We  found  it,  as  the  Report  indicates,  very 
difficult  to  reach  any  conclusion  generally  satisfactory ;  and  we  desire  to 
have  the  assistance  of  all  the  members  of  the  Convention,  in  order  to  the 
selection  of  a  practical  plan  for  the  accomplishment  of  the  object.  Many 
plans  might  be  adopted,  looking  to  the  future  ;  but  we  could  hit  upon  none 
affording  immediate  relief.  Several  were  suggested,  looking  to  the  con- 
struction of  some  permanent  public  work  in  the  State,  to  supply  such  as 
may  be  able  to  labor,  with  labor,  and  to  afford  them  necessary  provisions. 
Eut  these  plans,  as  I  have  intimated,  were  calculated  to  afford  no  imme- 
diate relief — it  would  take  too  long  to  get  a  plan  of  that  kind  in  operation. 
Another  suggestion  was  made, — which  occurs  to  me  as  the  most  feasible, — 
that  we  issue  an  address  to  the  people  of  the  several  counties,  requesting 
the  county  courts,  under  the  provisions  of  our  statutes  as  they  now  stand, 
to  provide,  by  lease  or  purchase,  quarters  sufficient,  contiguous  to  farms, 
and  put  an  overseer,  or  commissioner,  of  the  poor,  upon  the  farm,  to  re- 
ceive all  such  as  have  no  means  of  subsistence,  yet  are  able  to  work, — 
furnish  them,  upon  that  farm,  with  such  labor  as  may  be  necessary  to 
carry  on  the  farm, — the  farms  being  managed  under  the  supervision  of 
the  counties  respectively.  Our  statute,  as  it  now  stands,  would  warrant 
this  proceeding,  including  the  purchase  or  lease  of  a  farm  or  farms,  and 
quarters,  sufficient  to  supply  the  wants  of  the  poor  of  each  county;  it  being 
attempted  to  make  each  of  these  establishments,  as  far  as  possible,  a  self- 
sustainino^  institution.  We  have  ascertained  that  there  are  some  little 
means  belonging  to  the  Freedrnen's  Bureau  in  this  Division ;  but  these 
are  not,  alone,  sufficient  for  more  than  a  short  time.  What  funds  there 
are,  might  be  distributed,  under  the  direction  of  the  Assistant  Commis- 
sioner of  the  Bureau,  to  the  counties  most  destitute,  in  order  to  enable 
them  to  get  into  operation  the  plan  I  have  suggested. 

These  different  plans  were  discussed;  but  none  of  them  were  entirelj- 
satisfactory  to  the  Committee.  I  offer  this  as  the  ost  feasible  one  that, 
in  conversation  on  the  subject,  has  occurred  to  me. 

Mr.  BOWEj^.  I  do  not  believe  it  would  be  possible  for  the  Committee 
of  the  Whole  to  fix  upon  any  plan  that  will  arrange  this  matter  properly, 
without  the  intervention  of  some  other  committee.  I  think  the  adoption 
of  the  proposition  of  the  gentleman  from  White  [Mr.  Cypert]  would  be 
inexpedient ;  for  I  do  not  believe  the  plan  to  be  available  at  this  time.  I 
do  not  believe  anything  can  be  done,  in  that  way,  that  would  keep  people 
from  starving  to  death.  It  would  take  some  weeks  to  put  the  plan  in 
operation ;  and  I  am  clearly  of  opinion  that  there  is  but  one  practicable 
method  of  achieving  the  object  sought,  and  that  is,  to  put  our  hands  in  the 
Treasury,  lift  out  the  money,  and  appoint  suitable  agents  to  relieve  the 
wants  of  people.    I  therefore  propose  this  resolution: 

(  287  ) 


1868.] 


DEBATES  A^D  PEOCEEDHSTGS  OE  THE 


[Thursday, 


COMMITTEE  OF  THE  WHOLE.— Eelief  for  Poor  of  the  State.— CTPEET— WILSON. 


Resolved :  That  the  Committee  recommend  that  the  Committee  on  Finance 
be  instructed  to  report  measures  for  giving  State  aid  for  the  immediate  relief 
of  the  poor,  without  regard  to  color. 

If  there  is  any  hesitation  whatever,  these  people  are  lost.  Any  delay 
will  be  ruinous  to  them, — and  to  ourselves,  for  they  constitute  the  laborers 
of  the  State.  I  hope  the  matter  will  be  referred  to  the  appropriate  com- 
mittee, and  acted  upon  immediately.  We  ought  not  to  be  unwilling  to 
spend  a  few  dollars  of  the  State's  money,  at  this  time,  to  relieve  the  wants 
of  its  starving  people. 

Mr.  CYPERT.  I  hope  gentlemen  will  afford  us  a  general  expression  of 
their  views.  A  part  of  the  particular  -  motive  which  the  Committee  on 
Relief  had  in  bringing  this  matter  to  the  consideration  of  the  Committee 
of  the  Whole,  was,  to  elicit,  from  all  members  present,  all  the  plans  that 
might  suggest  themselves.  The  question  is  an  urgent  one,  and  ought  to 
be  met  in  some  way.  It  was  urged  upon  the  Committee,  that  should  a 
provision  be  made  for  the  support  of  able-bodied  persons  in  destitute  con- 
dition, unless  through  the  proceeds  of  their  own  labor,  we  should  encourage 
idleness.  Consequently,  the  plan  that  I  have  just  rehearsed,  suggested 
itself  to  me, — that  each  county  should  lease  a  farm,  and  place  upon  it  such 
able-bodied  persons  as  would  be  required  to  till  it, — retaining  their  labor 
for  the  next  year,  as  a  security  for  the  expenditure  required  in  the  pur- 
chase of  necessary  provisions.  Scrip  can  be  issued,  and  the  county  would 
be  good  for  it, — at  some  time.  It  is  only  at  the  present  time  that  money  is 
needed.  It  was,  as  I  have  said,  suggested  that  able-bodied  persons  would 
take  advantage  of  any  charity  which  might  be  bestowed,  to  obtain  an 
indolent  living.  That  many  able-bodied  persons  are  now  suffering  be- 
cause they  cannot  get  work,  is  certain ;  and  they  must  be  provided  for ;  but 
they  should  be  so  provided  for  that  they  may  labor.  There  are  others 
who  are  not  able  to  work.  Let  the  course  which  I  have  indicated  be  taken ; 
and  then  the  means  necessary  may  be  advanced,  until  a  crop  can  be  made. 

Mr.  WILSOI^.  I  was  in  the  committee-room,  a  little  while,  the  other 
evening,  and,  from  the  suggestions  which  I  then  heard,  I  adopted,  in  my 
own  mind,  pretty  much  the  views  which  have  been  suggested  by  the  gen- 
tleman from  White  [Mr.  Cypert.]  I  was  much  pleased  with  the  sugges- 
tion of  Mr.  Gordon,  of  Iowa,  who  said  that  all  appropriated  here  would 
go,  actually,  to  the  benefit  of  the  poor,  and  that  the  system  of  establishing 
farms,  in  each  county  where  the  indigent  and  helpless  are  congregated, 
would  be  establishing  depots  where  provisions  could  be  directed,  and 
where  they  would  be  properly  distributed  and  used,  instead  of  being 
squandered  by  worthless  persons  loafing  there  and  doing  nothing.  I 
think  the  idea  suggested  by  the  gentleman  from  White  [Mr.  Cypert]  is 
an  excellent  one,  and  could  be  carried  out  in  every  county. 
(  288  ) 


Jan.  23d.]   AEKAXSAS  COySTITUTIOXAL  COXVEXTIOX.   [14th  Dav. 


C03I3IITTEE  OF  THE  T^'HOLE.— Relief  for  Poor  of  the  State.— BOWEX—DUTALL. 


Mr.  BOWEX.  I  have  serious  objections  to  the  phm  proposed  by  the 
gentleman  from  AVhite  \_^b\  Cypert,]  As  I  understand  it,  he  proposes 
that  his  phin  shall  be  carried  out  by  the  issue  of  county  scrip,  and  that  the 
counties  shall  pay  the  requisite  expense.  Xow,  there  are  counties  where 
none  of  the  parties  who  are  in  need  of  assistance  live.  There  is  no  dis- 
guising the  fact  that  the  freedmen  are  the  parties  chiefly  to  be  relieved. 
Upon  the  plan  proposed,  the  counties  which  the  freedmen  have  abandoned 
will  be  relieved  of  all  expense,  and  the  whole  charge,  nearly,  will  come 
upon  the  loyal  men  of  Arkansas.  (Xot  that  I  design  to  place  the  charge 
of  disloyalty  upon-any  party;  but  it  is  understood  that  at  this  time  parties 
are  divided  upon  the  question  of  reconstruction;  and  one  party  is  con- 
sidered as  disloyal,  because  they  oppose  the  reconstruction  of  the  South.) 
The  man  who  -dances  ought  to  pay  the  fiddler;  and  my  proposition  is,  to 
accomplish  the  end,  not  through  the  action  of  the  counties,  but  by  that 
of  the  whole  State  ;  and  then  those  counties  where  the  freedmen  do  not  live 
will  be  compelled  to  pay  their  just  proportion.  I  suppose  there  is  no  gen- 
tleman in  the  State,  even  of  those  who  do  not  belong  to  the  Republican 
Party,  who  will  undertake  to  say  that  its  opponents  are  not  to  some  extent 
responsible  for  the  present  necessities  of  the  State;  and  it  is  only  just 
that  this  money  should  be  taken  from  the  State  Treasury.  For  instance, 
in  Sebastian,  Crawford,  Franklin,  and  one  or  two  other  counties,  the 
mass  of  the  Eepublican  Party — or  the  Union  Party,  if  you  particularly 
desire  to  keep  politics  out  of  the  question — reside.  They  will  be  called 
upon  to  pay  the  whole  bill.  Xow,  the  simple  fact  that  gentlemen  do  not 
consider  this  question  of  freedmen  in  the  same  light  that  we  do,  consti- 
tutes no  reason  vrhy  they  should  be  relieved  from  part  of  the  expense.  I 
hope  that  no  such  plan  Avill  be  adopted.  I  hope,  on  the  contrary,  that  the 
money  Avill  come  from  the  State  Treasury.  I,  for  one,  am  prepared  to 
take  up  my  line  of  march  in  that  direction;  for  there  is  money  in  the 
Treasury,  and  I  would  not  hesitate  to  run  my  hand  into  the  Treasury,  for 
this  purpose.  It  is  like  casting  bread  upon  the  waters,  which  will  return 
after  many  days. 

Mr.  DUVALL.  VTe  have,  already,  laws  which  require  the  counties  to 
assist  their  poor ;  and  if  we  can  do  that,  let  the  State  assist.  But  I  am 
entirely  unwilling  to  go  into  the  State  Treasury  and  take  out  money  to 
present  to  any  man  that  is  able  to  labor.  Should  we  do  this — I  don't 
think  anything  about  it, — I  k/toic, — human  nature  is  such  that  it  will  shrink 
from  work  when  it  can  o-et  a  livino;  without  work.  I  am  fullv  satisfied 
that  the  course  proposed  would  encourage  idleness.  There  is  labor  enough 
for  every  man  to  do,  if  he  will  go  at  it,  and  labor  for  a  fair  compensation. 
It  is  no  excuse  for  not  laboring,  that  he  cannot  get  three,  four,  or  five 
dollars  a  day.  I  have  labored,  many  a  day,  for  twenty-five  cents  a  day. 
I  would  do  it  now,  rather  than  be  thrown  on  the  County  or  State.    I  wish 

19  (  2S9  ) 


1868.] 


DEBATES  AND  PEOGEEDmGS  OF  THE  [Thursday, 


COMMITTEE  OF  THE  WHOLE.— Relief  for  Poor  of  the  State.— DUVALL—BEOOKS. 


to  see  all  supported  by  the  County  or  by  the  State,  who  are  not  able  to 
support  themselves ;  but  I  am  utterly  opposed  to  supporting  any  man, 
white  or  black,  that  is  able  to  support  himself. 

Mr.  BROOKS.  I  have  been  very  anxious  that  we  should  avoid  any 
friction  of  any  kind,  upon  this  subject,  and  that  we  should,  by  our  united 
counsel  and  labors,  be  able  to  reach  something  in  the  way  of  practical  and 
immediate  relief  for  those  that  are  suffering  for  bread.  I  fully  appreciate 
the  views,  and  concur  in  the  sentiments,  of  the  gentleman  from  Lawrence 
[Mr.  Duvall],  so  far  as  the  general  proposition  of  the  necessity  of  men 
working  for  bread  is  concerned.  I  subscribe  to  that  declaration  of  the 
Bible,  that  in  the  sweat  of  man's  brow  shall  he  eat  his  bread.  But,  sir,  of 
course,  the  fact  is  not  known  to  the  honorable  gentleman  from  Lawrence 
— I  suppose  the  fact  does  not  exist  in  his  section  of  the  State — but  in  many 
of  the  large-planting  counties,  where  cotton  has  been  grown  almost  solely, 
there  are  hundreds  and  thousands  of  persons  that  cannot  procure  labor, 
anywhere  within  reach,  or  procure  subsistence  for  their  labor — industrious 
men — good  men — as  good  working  men  as  there  are  in  the  State  of 
Arkansas,  or  any  other  State,  to  my  certain,  personal  knowledge — ready 
to  work,  and  to  work  twelve  hours,  and,  if  that  will  not  do,  fourteen  hours, 
of  the  twenty-four,  for  simple  food,  and  shelter  and  clothing  enough  to 
keep  them  from  the  storm. 

E'ow,  without  dwelling  elaborately  upon  the  subject,  these  are  the  facts 
— facts  known  to  gentlemen  and  citizens  of  the  Convention,  here,  from  a 
number  of  River  counties.  In  some  places  greater  suffering  exists  than 
in  others  ;  perhaps,  in  Arkansas  County  is  the  most  pressing  demand  for 
relief  I  know  that  in  other  counties  men  are  reduced  to  the  situation  I 
have  described.  Men  w^ere  turned  out,  at  the  close  of  1867,  without  being 
able  to  pay,  out  of  their  part  of  the  crop,  their  necessary  current  expenses ; 
and  this  in  cases  where  the  best  energy  and  skill  was  brought  to  bear  in 
superintending  the  plantations,  and  where  the  hands  worked  faithfully 
and  honorably — and  I  think  I  am  a  good  judge  of  what  is  good  work 
on  a  tarm,  or  a  plantation,  as  my  friend  from  Lawrence  doubtless  is.  I 
know  what  an  honest,  earnest,  faithful,  laborious  day's  work  is.  And  I 
know  that  there  are  men,  white  and  black,  in  the  River  counties,  who 
have  worked  hard,  and  lived  with  the  most  rigid  economy,  that  are  in 
the  condition  I  have  described.  I  know  of  cases  where  the  entire  bill 
of  the  hands,  on  a  plantation,  has  not  ranged  above  one  dollar,  or  one 
dollar  and  a  quarter,  a  month,  each,  throughout  the  year,  for  the  sub- 
sistence of  their  families  ;  and  where  their  clothing-bill  has  been  exceed- 
ingly small,  if  it  amounted  to  anything  whatever:  and  yet  the  crop  was 
sold  at  the  present  price  of  cotton.  This,  too,  in  cases  where  they  have 
been  honestly  settled  with,  and  have  been  superintended  by  the  best 
skill  in  the  country.  This  state  of  things  has  not  been  peculiar  to  men 
(  290  ) 


Jan.  23d.]   AEKANSAS  COI^rSTITUTIOlSrAL  COlsrYENTION.  [14th  Day. 


COMMITTEE  OF  THE  WHOLE.— Belief  for  Poor  of  the  State.— BEOOKS— WALKER. 


from  the  ITorth.  It  has  been  said  that  we  do  not  understand*  the  raising 
of  cotton,  and  cannot  bring  up  crops.  Hatting,  myself,  personally  super- 
intended a  plantation  of  fifteen  hundred  acres,  and  made,  myself,  eleven 
bales  of  cotton,  just  for  ^n  experiment  (I  did  not  pick  it,  of  course,  but  did 
all  the  remainder  of  the  work),  I  think  we  can  make  pretty  good  hands  at 
the  business,  after  all.  But  in  many  cases  where  the  superintendents  have 
been  Southern  men,  and  faithful  work  has  been  done,  the  rains,  the  ex- 
treme cold,  the  destruction  of  the  crop  by  insects, — all  these  apparent 
providences  against  the  crop — and  then  the  fall  in  the  price  of  cotton, 
down  to  six,  eight,  or' nine  cents  per  pound,  have  more  than  taken  away 
all  the  profits  of  the  labor.  I  know  a  man  who  planted  seventy-five  acres, 
worked  four  mules  and  employed  eleven  hands — he  made  seven  bales! 

The  first,  in  Phillips  County,  to  cry  for  bread,  of  whom  I  had  any 
knowledge,  were  white  laborers.  Under  such  circumstances,  working 
for  one-half  the  crop,  men  could  but  come  out  unable  to  pay  for  their 
rations  and  their  very  scant  clothing  for  the  season  past,  to  enter  upon 
this  new  year,  with  the  storm,  and  snow,  and  pelting  sleet,  and  cold, 
without  one  wreck's  rations,  or  a  comfortable  suit  of  clothes.  Men  that  I 
know  will  work — I  know  they  have  worked,  for  three  years,  on  a  planta- 
tion, with  us — and  as  good  and  true  men,  in  those  respects,  as  ever  took 
hold  of  a  plough  or  hoe,  or  tended  a  cotton-gin — hundreds  of  these  men 
are  in  the  condition  I  have  described.  I  know  there  are  portions  of  the 
State  where,  if  they  were  there,  these  men  could  get  good  and  comfort- 
able homes,  and  subsistence,  with  small  wages.  Bat  they  are  not  there; 
and  it  is  very  difiicult  to  induce  many  of  them  to  move  away  and  go  to 
those  places,  even  if  they  had  transportation.  Still,  these  objections  might 
be  overcome;  but  where  is  their  transportation?  And  whilst  we  are  cast- 
ing about  for  the  transportation — whilst  we  are  taking  preliminary  steps, 
and  seeking  ways  and  means, — they  are  starving  to  death. 

Mr.  WALKIEE.  I  must  enter  my  protest  against  the  plan  proposed  by 
the  gentleman  from  Crawford  [Mr.  Bowen.]  I  am  opposed  to  holding  out 
a  bid  to  idleness.  I  am  opposed  to  encouraging  idleness  in  any  class.  I 
have  been  in  this  room,  in  my  seat,  every  day  since  the  organization  of 
this  body :  I  have  noticed,  in  that  gallery,  negroes,  as  many  as  there  are 
to-day.  They  are  here  every  day,  while  white  inen  are  out  on  the  streets, 
and  attending  to  their  usual  business  matters.  It  may  be  that  these  col- 
ored men  can  afibrd  this.  Certainly  they  can  afford  it  if  we  are  to  dive 
into  the  Treasury,  and,  as  the  gentleman  says,  pull  ont  greenbacks,  to 
support  them.  They  can  then  afibrd  to  crowd  those  galleries,  in  idleness. 
Look  at  the  poor  people  of  the  iTorth — working  at  three,  four,  and  five 
"bits"  a  day — yes,  four  "bits"  per  day  is  high  w^ages.  So  can  these  peo- 
ple do.  Tam  not  more  in  favor  of  oppressing  the  negro  than  the  white 
man.    It  is  time  for  all  men  to  go  to  work — white  or  black.   I  am  opposed 

(  291  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


COMMITTEE  OP  THE  WHOLE.— Kelief  for  Poor  of  the  State;— HODGES— GKEY. 


to  any  premium  on  idleness ;  and  I  think  that  will  be  the  only  effect  of 
the  adoption  of  the  proposition!  of  the  gentleman  from  Crawford. 

Mr.  HODGES,  of  Pulaski.  I  am  not  fully  aware  of  the  precise  ques- 
tion before  the  Committee,  but  feel  it  necessary  to  say  a  few^  words  in 
reference  to  the  remarks  of  the  gentleman  last  upon  the  floor  [Mr. 
Walker.]  I  suppose  that  the  gentlemen  who  choose  to  visit  our  gal- 
leries are  not  asking  us  for  assistance ;  and  I  suppose  that  any  citizen  has 
the  right  and  the  privilege  of  coming  to  our  gallery  and  looking  on, — 
whether  he  be  white  or  black, — to  see  Avhat  the  servants  of  the  people  are 
doing;  especially  where  they  have  interests  at  stake,  and  feel  an  interest 
in  the  proceedings. 

Mr.  WALKEE.  Will  the  gentleman  allow  me  to  interrupt  him  ?  I 
did  not  say  that  the  colored  gentlemen  in  the  galleries  had  not  the  right 
to  be  there.  They  have  the  same  right  as  any  white  man,  to  come  here. 
You  misunderstood  me,  sir. 

Mr.  HODGrES,  of  Pulaski.  I  was  going  to  say  that  it  may  be  that  some 
of  those  colored  gentlemen  in  the  galleries  are  better  able  to  sit  there  than 
we  are,  for  what  I  know.  Some  of  them  have  money  in  the  bank,  and  do 
not  ask  us  for  assistance.  But  there  are  men,  both  white  and  black,  in 
the  State,  who  need  assistance.  There  may  be  such  in  the  gallery;  but 
if  they  cannot  get  work,  I  presume  they  can  spend  their  time  there  as 
profitably  as  anywhere. 

Mr.  GREY,  of  Phillips.  I  have  a  word  to  say  upon  this  subject;  it  is 
one  which  I  deem  of  importance  to  the  interests  of  the  people  at  large. 
There  are  two  things  necessary,  in  any  country, — capital  and  labor.  The 
capital  of  this  portion  of  the  country  has  vanished  like  the  baseless  fabric 
of  a  dream  ;  there  is  little  of  it  left.  Hence,  there  is  now  a  surplus  of 
labor.  Under  the  old  Roman  Law,  I  believe,  it  was  held  that  all  men 
belonged  to  the  State*  to  a  certain  extent,  and  were  needful  to  the  State; 
and  I  think  the  idea  is  not  yet  extinct,  in  this  Republic,  l^o  matter  what 
may  be  a  man's  color;  every  man  knows  that  if  he  is  to  work  a  farm  or 
plantation,  he  needs  labor,  and  must  have  it.  I  understood  the  object  of 
our  consultation  this  afternoon,  to  be,  to  give  relief  to  men  actually  starv- 
ing. It  is  said  that  able-bodied  men  are  in  a  starving  condition;  and  that, 
not  by  their  own  fault.  There  is  no  chance  that  these  men  will  not  be 
able  to  repay  what  may  be  advanced  to  them  for  their  subsistence.  If  there 
were  a  class  of  idlers  to  be  provided  for,  there  would  be  some  excuse  for 
hesitation.  I  was  desirous  that  some  plan  might  be  devised  for  imme- 
diate relief.  But  for  assistance  in  the  future,  I  expect  that  application  will 
eventually  be  made  to  the  Government  of  the  United  States,  for  charity; 
and  I  was  going  to  protest  against  the  payment  of  one  cent  from  the  Gov- 
ernment of  the  United  States,  unless  it  should  go  to  locate  every  man.  We 
want  to  be  "harnessed  to  the  soil,"  and,  like  the  races  who  have  fancied 
(  25^2  ) 


Jan.  23d.]   AEKANSAS  CO:^TSTITUTIO]S"AL  CO:NyE]S"TIOX.   [Utli  Day. 


COMMITTEE  OF  THE  WHOLE.— Belief  for  Poor  of  the  State.— GREY. 


themselves  sprung,  from  the  soil,  to  feel  ourselves  a  permanent  belonging 
of  it.  I  hope  there  is  sufficient  generosity  and  humanity  in  the  people  of 
Arkansas,  if  it  be  possible  to  do  anything — and  I  believe  there  are  brains 
enough,  here,  to  do  it,  and  that  is  one  reason  v^hy  I  did  not  wish  to  par- 
ticipate in  the  debate — I  hope  there  is  sufficient  humanity  to  induce  them 
to  provide  some  means  for  the  subsistence  of  the  suffering.  I  think  the 
matter  is  in  their  hands.  Thej^  hold  the  real  estate  in  their  hands ;  and  I 
think  it  at  once  a  duty,  and  feasible,  for  them  to  step  in  between  these 
people  and  starvation.  I  think  the  voice  of  humanity,  the  voice  of  relig- 
ion, the  voice  of  God,  call  upon  the  State  to  do  this,  and  to  do  it  promptly. 
If  we  do  not,  this  page  of  our  country's  history  will  be  written  against 
us — against  these  gentlemen  who  had  it  in  their  power  to  assist,  but  who, 
in  the  language  of  Scripture,  when  they  were  asked  for  bread,  gave  a 
stone.  I  admit  there  is  not  so  great  an  abundance  in  the  State.  But  if 
any  organized  action  shall  be  taken,  on  the  part  of  the  people  of  Arkan- 
sas, I  doubt  not  that  assistance  can  be  had  from  other  quarters.  There 
are  men,  in  this  country,  of  large  hearts  and  abundant  means;  and  the}^ 
can  make  themselves  a  noble  record — if  not  written  on  earth,  at  least  it 
will  be  written  in  heaven.  The  suffering  is  confined  {o  no  one  class. 
I  know  that  it  is  shared  by  all  classes.  I  have  seen  suffering,  among 
white  men,  that  has  made  my  heart  bleed.  I  have  seen  men,  in  my  own 
County  of  Phillips,  who  were  too  proud  to.  ask  for  help,  but  had  not  eaten 
for  days.  I  make  no  peculiar  appeal  in  favor  of  my  own  race,  i^egroes 
can  live  upon  as  little  as  any  one  else ;  they  can  come  as  near  being 
chameleons,  and  living  on  air,  as  any  set  of  men  on  God's  earth. 

I  think  this  charity  should  not  be  distributed  in  Little  Rock,  only — 
perhaps  not  here  at  all.  There  may  be  some  suffering  here;  but  I  think 
the  municipal  authorities  can  take  care  of  the  City.  But  in  the  country, 
where  the  planters  have  no  need  of  hands,  and  do  not  wish  to  begin  em- 
ploying them  nntil  the  season  for  commencing  the  crop  of  next  year, — - 
there  is  the  place  of  distress.  If  we  can  do  anything  immediately,  I  would 
be  glad  to  see  it  done ;  and  I  would  be  glad  that  all  should  participate. 
But  I  repeat,  that  I  do  not  want  one  cent  from  the  government  of  the 
United  States,  unless  it  comes  to  locate  the  parties,  under  the  Homestead 
Law.  This  principle  of  asking  black  men  to  work,.to  put  money  in  other 
men's  pockets,  I  want  no  more  of.  I  have  seen  men  fed,  here,  by  the 
charity  of  the  Government,  who  had  raised  crops  from  which  they  had 
never  received. a  cent.  If  we  are  to  have  money,  let  it  come  in  such  a 
shape  that  we  can  pa^^  it  back,  promptly  and  honestly,  and  that  the  Gov- 
ernment may  by  that  means  be  reimbursed  for  all  it  advances. 

Mr:  PORTIS  moved  that  the  Committee  now  rise. 

The  question  was  taken ;  and  the  motion  was  agreed  to ; 

So  the  Committee  rose, 

(  293  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Friday,  j 

 —  ,  1 

Navigation  of  Arkansas  Eiver.  j 


IN  CONVENTION. 
And,  the  President  having  resumed  the  chair, 

[No  report  being  received  of  proceedings  in  Committee  of  the  Whole] 
Mr.  MEEEICK  moved  that  the  Convention  adjourn. 

The  question  was  taken;  and  the  motion  was  agreed  to; 
And  thereupon,  at  5,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Friday,  January  24th. 


FIFTEENTH  DAY. 

Friday,  January  2^th,  1868. 

Convention  met  at  10,  a.m. 
Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called;  and  the  following  members  answered  to  their 
names : 

Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Cypert, 
Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  Jetferson,  Grey  of  Phillips,  Harri- 
son, Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hodges  of  Crittenden,  Hodges 
of  Pulaski,  Hoge,  HoUis,  Houghton,  Hutchinson,  Kyle,  Langley,  Mallory,  Ma- 
son, Matthews,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown, 
McClure,  Moore,  Norman,  Oliver,  Owen,  Poole,  Portis,  Priddy,  Puntney,  Eawl- 
ings,  Eector,  Eeynolds,  Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Shoppach, 
Sims,  Smith,  Snyder,  Yan  Hook,  Walker,  Wilson,  White,  Williams,  Wright, 
Wyatt,  and  the  President. 

Sick:  Messrs.  Bradley  and  Johnson. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names : 

The  Journal  of  the  preceding  day  was  read  and.  approved. 

NAVIGATION  OF  ARKANSAS  RIVER. 

'No  petitions,  memorials,  or  notices  being  presented,'  and 
Reports  of  Committees  being  in  order, 

Mr.  HINDS,  from  the  Committee  on  Memorials  and  Ordinances,  to 
whom  was  referred  the  Memorial  to  Congress  for  the  improvement  of  the 
navigation  of  the  Arkansas  River,  reported,  by  the  Special  Committee  ap- 
pointed to  draft  the  same,  reported  back  the  Memorial,  without  amend- 
ment, as  follows :  • 
(  294  ) 


Jan.  24tli.]  AEKAXSAS  COySTITUTIOXAL  CO^'VEXTIOX.  [loth  Day. 


Navigation  of  Arkansas  Eiver.— BEOOKS— POETIS— McCOTVX. 


A  MEMORIAL  TO   COXGRE55    FOR  AX    APPROPRIATIOX  01  MOXEY   FOR  IMPROV- 
IXlx  the  ARKAXSAS  river.  FROM  ITS   MOUTH  TO  FORT  SMITH. 

To  the  Ho  nor  able,  the  Senate  aivl  Hou&e  of  Beijre-sentatives.in  Congress  assembled: 
Your  memorialists,  the  Constittitional  Convention  of  the  State  of  Arkansas, 
respectfully  represent  that  the  Arkansas  Eiver.  during  the  season  of  low  water, 
is  SO  obstructed  by  snags  and  sand-bars  as  to  render  the  navigation  diihcult 
and  hazardous,  but  that  by  the  appropriation  and  proper  outlay  of  a  small  sum 
of  money,  the  said  river,  between  the  poiuts  designated,  could  be  rendered 
navigable  during  the  entire  season,  and  would  open  a  thoroughfare  of  inland 
communication  to  a  rich  agricultural  district,  facilitate  the  transportation  of 
the  mails,  and  afford  to  the  settlements  embraced  in  the  country  tributary  to 
the  Arkansas,  the  speedy  development  of  the  various  resources  of  that  section 
of  the  country,  abounding  in  lumber,  agriculttiral.  and  mineral  wealth,  besides 
affording  facilities  for  reaching  the  trade  and  exchange  of  the  Indian  country 
west,  and  affording  to  the  Government  a  more  speedy  access  to  that  region. 

Your  memorialists,  therefore,  ask  that  an  appropriation  of  one  hundred 
thousand  dollars  (100.000)  be  made  for  the  improvement  of  said  river.  And 
yotir  memorialists  will  ever  pray. 

Mr.  BEOOKS  moved  that  the  Eeport  be  adopted. 

Mr.  PORTIS  moved  to  amt^nd  by  inserting  iu  the  Memorial  a  prayer 
for  the  improvement  of  the  navigation  of  the  Ouachita  Eiver. 

Mr.  BEOOKS.  I  hope  we  will  not  tinker'*  this  Eeport.  There  are  a 
number  of  rivers,  in  this  State,  that  we  would  like  to  see  improved.  But  if 
we  start  out  with  amendments,  we  shall,  of  course,  amend  so  as  to  include, 
in  turn,  all  rivers.  The  result  will  be.  that  we  might  just  as  well  not 
memorialize  at  all.  If  avc;  conline  ourselves,  as  is  contemplated  in  this 
Eeport,  to  a  single  river,  traversing  the  State  from  east  to  west,  through 
its  centre,  and  passing  its  Capital,  we  shall  have  a  reasonable  prospect  of 
success.  If  we  proceed  to  attach,  to  the  Memorial,  amendments  embrac- 
ing the  Ouachita,  and  all  the  other  rivers  of  the  State,  navigable  in  high 
water,  the  practical  effect  of  such  amendments  will  be,  to  ride  down,  and 
ride  out  of  the  halls  of  Congress,  the  whole  memorial,  without  producing 
a  ripple  upon  the  surface.  If  we  conline  ourselves  to  this  single  river,  in 
whieli  ail  ]^^-ortions  of  the  State  are  interested, — rest  the  application  there, 
and  back  it  up  as  we  may  do, — we  shall  probably  succeed.  I  hope,  sir,  we 
shall  not  lumber  the  Memorial. 

Mr.  McCOYk'X.  If  the  gentleman  from  Ouachita  [Mr.  Portis]  will  per- 
mit me,  I  will  suggest  an  amendment  to  his  proposition.  Inasmuch  as 
the  gentleman  from  Phillips  [Mr.  Brooks]  wants  only  one  river  mentioned 
in  the  Memorial,  I  will  move  to  amend  by  striking  out  the  words  Arkan- 
sas Eiver,''"  wherever  they  occur,  and  substituting,  instead  thereof,  the 

(  295  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Navigation  of  Arkansas  Kiver.—PORTIS—BKOOKS— HINDS. 


words  "  Ouachita  River."  The  gentleman  from  Phillips  seems  to  think 
there  is  but  one  river,  that  amounts  to  anything,  in  this  State. 

Mr.  PORTIS.  I  hope  that  this  motion  will  not  disturb  the  action  of  the 
Convention.  If  there  is  any  river  that  needs  such  an  appropriation  as  is 
asked,  it  is  the  Ouachita.  We  in  the  southern  part  of  the  State  raise  more 
of  the 'great  staple,  and  we  have  more  need  of  navigation,  there,  than  any 
portion  of  Arkansas,  or  as  much.  We  have  been  in  the  habit  of  ship- 
ping forty-five  to  fift}- thousand  dollars' worth  of  cotton.  It  would  not 
require  a  large  appropriation  to  assist  us,  so  as  to  make  the  river  naviga- 
ble. We  are  dependent  upon  that  river.  We  have  no  railroads,  and  we 
have  no  means  of  access  to  markets,  except  one  hundred  and  ten  miles  of 
the  river.  We  have  failed  in  our  whole  supply  of  provisions  from  other 
parts,  by  reason  of  the  low  stage  of  the  river.  My  amendment  is  not 
intended  to  ride  down  the  Memorial. 

Mr.  BROOKS.  I  hope  I  was  not  understood  as  indicating  that  the 
gentleman  from  Ouachita  [Mr.  Portis]  designed  to  weigh  down  the  Me- 
morial. I  did  not  intend  any  such  reflection,  nor  did  I  intend  to  say  we  did 
not  desire  the  improvement  of  the  Ouachita  River,  and  of  all  other  rivers. 
I  simply  meant  to  take  a  practical,  business  view  of  the  subject.  Of  course 
we  should  very  much  like  to  have  the  St.  Francis  River  improved.  In  that 
river  I  am  more  locally  interested  than  in  the  Arkansas.  I  have  no  local 
interest,  whatever,  in  the  improvement  of  the  Arkansas  River,  more  than 
has  the  gentleman  from  the  southern  portion  of  the  State.  I  am  interested 
in  the  St.  Francis,  and  the  Languille,  and  other  streams  in  the  same  sec- 
tion. Other  gentlemen  are  interested  in  the  improvement  of  the  upper 
White  River,  et  ccetera.  I  only  meant  that  in  the  incipiency  of  a  matter 
of  this  kind,  it  was  better  to  try  to  do  one  thing  at  a  time, — to  undertake 
something  that  we  have  some  prospect  of  accomplishing,  and  not  to 
undertake  that  in  which  we  must,  of  necessity,  utterly  fail,  and  destroy,  at 
the  same  time,  all  hopes  of  s*uccess  in  that  which,  not  thus  encumbered, 
would  produce  some  practical  benefit.  If  we  can  now  proceed  to  secure 
the  improvement  of  this  river,  in  which  there  are  no  local  interests  be- 
yond what  exist  in  connection  with  every  river,  but  in  the  improvement 
of  which  the  whole  State  is  interested,  and  equally  interested,  then  we  can 
hereafter  proceed  to  improve  the  navigation  of  other  streams.  If  we  now 
attempt  to  accommodate  sections,  and  endeavor  to  secure  the  improvement 
of  all  the  rivers  in  the  State,  we  shall  certainly  fail  in  accomplishing  any- 
thing. I  meant  to  raise  no  factious  opposition  to  the  efforts  of  the  gentle- 
man on  behalf  of  the  improvement  of  the  Ouachita — none  whatever. 

Mr.  HINDS.  One  word  in  relation  to  the  remarks  of  the  gentleman 
from  Ouachita  [Mr.  Portis.]    It  will  be  readily  seen,  from  a  perusal  of 
the  draft  of  the  Memorial,  that  his  amendment  is  not  applicable.    We  set 
forth,  in  the  Memorial,  certain  reasons  why  the  navigation  of  the  Arkansas 
(  296  ) 


Jan.  24tli.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.   [loth  Day. 


Navigation  of  Arkansas  Eiver.—HIXDS—POETIS— HODGES— MONTGO]y:EKY. 


Eiver  should  be  improved,  and  why  it  is  the  interest  of  the  General 
Government  to  have  that  improvement  effected,  at  the  expense  of  the 
Government;  to  wit,  the  facilities  thus  to  be  afforded  for  the  transporta- 
tion of  the  mails,  and  for  reaching  the  Indian  country.  The  reasons  as- 
signed, mos-t  certainly,  would  not  be  applicable  to  tlie  case  of  the  Ouachita 
River,  ^e  have  no  objection  to  the  gentleman  offering  a  memorial,  ad- 
dressed to  Congress,  for  the  improvement  of  the  Ouachita  Eiver.  But  it 
will  certainly  have  the  effect  of  defeating  the  very  object  which  we  seek. 
If  we  shall  succeed  in  getting  from  Congress  an  appropriation  for  the  im- 
jirovement  of  the  Arkansas  River, — which  certainly  very  much  needs  it, — 
if  we  can  show  that  it  is  for  the  interest  of  the  United  States  to  secure 
such  steady  navigation  that  the  carriage  of  the  mails  can  be  made  speedy 
and  sure,  and  communication  with  the  Indian  country  more  readily  had, 
I  think  it  is  for  the  interest  of  every  gentleman  here,  to  advocate  the 
measure. 

^Ir.  PORTIS.  I  would  say,  in  reference  to  the  remarks  of  the  gentle- 
man [Mr.  HiXDs],  that  I  conceive  the  proposition  which  I  make,  to  be  for 
the  interest  of  the  General  Government.  We  are  cut  off',  in  our  section 
of  the  State,  as  I  have  remarked,  from  all  means  of  easy  communication, 
except  by  the  Ouachita:  and  the  Government  is  now  getting  all  its  sup- 
plies, there,  from  Little  Rock,  or  some  other  point  too  far  off*  to  afford  a 
convenient  or  regular  supply.  They  are  almost  suffering,  from  the  cut- 
ting off  of  supplies,  there.  The  mails,  too,  are  carried  on  that  river.  I  do 
not  wish  to  interfere  with  the  movement  in  regard  to  the  Arkansas;  I 
merely  wish  to  add  to  it  the  Ouachita,  in  order  to  protect  the  interests  of 
all  that  country. 

Mr.  McCGWrN"  withdrew  his  amendment. 

Mr.  PORTIS.  I  desire  to  add  to  my  amendment,  so  that  the  Memorial 
shall  include,  the  Arkansas  River,  and  the  Ouachita  River  from  the  Louisi- 
ana line  to  Camden." 

Mr.  HODGES,  of  Pulaski.  I  wish  to  say  a  word  in  explanation  of  my 
intended  vote.  I  must  vote  against  the  amendment;  but  I  shall  be  glad 
to  vote  for  a  memorial  drawn  up  to  cover  the  case  of  the  Ouachita  River. 
The  reasons  set  forth  here,  would  not  be  applicable,  in  all  their  parts,  to 
the  case  of  that  river. 

Mr.  MOXTGOMERY.  I  do  not  know  that  an  amendment  for  the  im- 
provement of  the  Ouachita  is  going  to  damage  the  Memorial.  I  would 
like  to  see  all  of  our  rivers  improved ;  and  if  I  had  my  way,  they  would 
be  all  improved  by  being  dried  up  and  crossed  by  railroads.  But  the 
rivers  in  the  southern  part  of  the  State  have  as  much  need  of  improve- 
ment as  any  in  the  State.  I  cannot  see  what  objection  there  can  be  to 
adding  a  prayer  for  the  improvement  of  the  navigation  of  the  Ouachita; 
and  I  shall  vote  for  the  amendment. 

(  297  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Navigation  of  Arkansas  River.— HINDS— KYLE— POETIS—CYPEET. 


Mr.  HINDS.  We  have  no  objection  to  pursuing  the  course  of  asking 
from  Congress  an  appropriation  for  the  improvement  of  the  Ouachita. 
But  there  are  certain  reasons  assigned,  in  this  Memorial,  why  the  Arkansas 
should  be  improved.  If  the  gentleman  [Mr.  Portis]  will  prepare  a  me- 
morial setting  forth  the  reasons  for  that  improvement,  we  may  properly 
consider  it;  but  to  add  the  case  of  the  Ouachita  to  this  Memorial,  would 
involve  confusion.  The  reasons  set  forth  in  the  one  case  are  not  appli- 
cable to  the  other;  and  if  we  place  the  paper  before  Congress,  the  reasons 
in  favor  of  an  appropriation  for  the  Ouachita  are  not  included.  It  is  for 
the  interest  of  the  whole  State  to  see  this  river  improved,  I  have  no 
doubt  that  when  any  gentleman  shall  submit  a  memorial  praying  an  ap- 
propriation for  the  improvenaent  of  the  Ouachita,  I  shall,  at  least,  have  no 
objections,  to  asking  that,  too,  from  the  General  Government. 

Mr.  KYLE.  I  regret  to  see  so  much  time  taken  up  in  the  discussion  of 
this  question.  It  certainly  appears  scarcely  advisable,  in  the  present  im- 
poverished condition  of  the  country,  to  be  asking  for  money  for  improve- 
ments in  the  navigation  of  rivers.  But  as  an  amendment  has  been  oflered 
to  include  Ouachita  River,  I  propose  to  amend  the  amendment,  by  asking 
one  hundred  thousand  dollars  for  Ouachita  Eiver.  We  shall  then  be  ask- 
ing one  hundred  thousand  for  each  of  the  two  rivers.  The  amendment, 
by  including  Ouachita  River,  leaves  but  one  hundred  thousand  to  be 
appropriated  to  the  two, — which  would  amount  to  nothing. 

Mr.  PORTIS  accepted  the  amendment. 

Mr.  HINDS.  I  think  we  may  perhaps  be  able  to  settle  this  matter — if 
the  gentleman  will  withdraw  his  amendment — by  such  a  resolution  as  the 
following.  We  can  tliei^  vote  upon  the  proposition,  in  an  intelligible 
way.  It  certainl}^  would  not  be  a  very  intelligent  memorial,  as  it  stands, 
should  it  be  amended  as  now  proposed. 

Besolved  :  That  a  committee  of  three,  of  whom  Mr.  Portis  shall  be  Chair- 
maD,  be  appointed  to  draft  a  memorial  to  Congress  for  the  imj)rovement  of 
the  Ouachita  Eiver. 

I  think  that  will  satisfy  the  gentleman  from  Ouachita  [Mr.  Portis],  and 
at  the  same  time  relieve  both  propositions  from  the  embarrassment  which 
must  be  occasioned  by  their  being  joined  in  one  paper. 

Mr.  PORTIS.  I  accept  the  proposition,  and,  with  the  consent  of  the 
gentleman  from  Dallas  [Mr.  Kyle]  withdraw  my  amendment. 

No  objection  being  made. 

The  amendment  was  accordingly  withdrawn, 

Mr.  CYPERT  moved,  as  an  amendment  to  the  motion  for  the  adoption 
of  the  Report,  that  the  Report  be  recommitted,  with  instructions  to  inquire 
(  298  ) 


Jan.  24th.]  ARKA^^SAS  COi^STITUTIOISrAL  CO^^YENTIOE".  [15th  Day. 


Navigation  of  Arkansas  Eiver.—GENEKAL  DEBATE. 


into  the  expediency  of  memorializing  Congress  for  Government  aid  in  the 
improvement  of  the  navigation  of  the  Arkansas,  White,  and  Ouachita 
Rivers. 

Mr.  HINDS.  I  would  again  suggest,  that  reasons  are  stated,  in  the 
Memorial  reported,  which  are  applicable  to  the  Arkansas,  and  not  to  other 
rivers ;  and  I  think  the  better  plan  will  be,  to  adopt  the  Report  of  the 
Committee  as  the  action  of  the  Convention  in  regard  to  the  Arkansas 
River,  and  then  let  gentlemen  propose  such  further  memorials  to  Congress, 
in  relation  to  improvements  in  the  navigation  of  other  rivers,  as  they  may 
see  proper.  I  think  the  Convention  will  be  disposed  to  act  in  such  a  way 
as  to  attain  the  objects  desired. 

Mr.  CYPERT.  I  wish  to  add,  to  the  rivers  named  in  my  amendment, 
the  St.  Francis.  I  wish  to  include  all  the  principal  rivers  in  the  State, 
and  let  the  Memorial  be  reported  back  to  the  Convention,  in  proper  form 
for  the  attainment  of  the  object.  If  there  is  to  be  any  special  legislation 
here,  if  we  are  to  favor  one  portion  of  the  State,  I  want  it  in  the  shape 
of  a  report  from  that  Committee. 

Mr.  BROOKS.  I  had  hoped  we  might  adhere  to  the  policy  wisely  in- 
dicated, I  think,  by  the  honorable  gentleman  from  Ouachita  [Mr.  Portis], 
in  withdrawing  his  proposed  amendments.  Let  each  one  of  these  enter- 
prises be  brought  before  the  Convention,  and  placed  before  Congress,  on 
its  specific  merits.  Certainly,  a  very  limited  acquaintance  with  the  politi- 
cal history  of  the  West,  will  satisfy  any  gentleman  that  this  kind  of  om- 
nibus arrangement  is  just  as  certain  to  be  defeated  as  that  the  attempt  is 
made.  That  is  the  history,  without  a  solitary  exception,  of  movements  of 
this  kind  in  the  Western  States.  If  we  really  desire  to  defeat  the  entire 
scheme,  let  us  pile  on  the  Ouachita  and  the  St.  Francis,  the  Black  and 
the  Languille — for  we  have,  absolutely,  eight  miles  of  navigation  on  the 
Languille,  especially  when  the  Mississippi  is  high,  and  backs  it  up.  Let 
us  pile  on  amendments,  and  make  an  omnibus  matter  of  the  proposition, 
and  we  will  kill  it  "  deader  than  Caesar."  Let  each  proposition  stand  upon 
its  merits,  and  we  may  succeed.  That  is  the  way  business  men  would  act. 
If  we  want  to  deal  with  business  matters  in  a  business  way,  let  us  take 
that  course.  If  we  want  to  make  political  capital  out  of  these  business 
matters,  let  us  go  at  it,  and  make  all  the  Buncombe  we  can. 

Mr.  HODGES,  of  Pulaski.  This  Committee  may  not  be  familiar  with 
the  interests  of  each  of  these  rivers.  I  am  in  favor  of  having  a  separate 
committee  on  the  subject  of  each.  We  may  then  obtain  such  information 
as  we  need,  upon  each;  and  for  one,  I  pledge  myself  to  vote  for  the  me- 
morial. 

Mr.  DUYALL.  I  would  like  to  have  Black  River  included.  I  have  a 
reason.  If  the  people  of  this  State  can  be  benefited  by  the  improvement 
of  any  river,  it  is  Black  River,    That  river  is  navigable  to  Pocahontas. 

(  299  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


County-seat  of  Little  River  County.— CYPERT—McCLUKE. 


"With  a  little  improvement,  it  can  be  navigated  mucli  further.  That 
country  abounds  with  provisions  and  could  greatly  relieve  the  distress 
of  the  State  if  practicable  means  of  communication  were  once  opened. 
There  is  a  plenty  there,  now,  at  low  prices,  if  it  could  only  be  reached. 

I  move  to  amend  by  adding  "Black  River"  to  the  list. 

The  question  was  taken  on  the  amendment;  and  the  amendment  was 
not  agreed  to. 

The  question  was  then  taken  upon  the  amendment  offered  by  Mr.  Cy- 
PERT,  that  the  Report  be  recommitted,  with  instructions  to  inquire  into  the 
expedienc}^  of  memorializing  Congress  for  Government  aid  in  the  improve- 
ment of  the  navigation  of  the  Arkansas,  White,  and  Ouachita  Rivers;  aixd 
the  motion  was  not  agreed  to. 

Mr.  MERRICK  moved  to  amend  by  inserting  '^Red  River." 

The  question  was  taken;  and  the  amendment  was  not  agreed  to. 

Mr.  McCOWK  I  move  to  amend  by  inserting  "Big  Creek."  [Laugh- 
ter.] It  runs  through  Columbia  County,  makes  an  outlet  into  some  lakes 
there,  and  at  last  finds  its  way  into  Red  River.  I  think  it  highly  impor- 
tant that  it  should  be  inserted.  [Laughter.] 

Mr.  BROOKS.  Does  the  gentleman  mean  that  Big  Creek  is  a  tribu- 
tary of  the  

The  PRESIDENT.  The  Chair  does  not  know  what  the  gentleman 
means. 

The  question  was  taken ;  and  the  amendment  was  not  agreed  to. 
The  question  was  then  taken  upon  the  adoption  of  the  Report;  and  the 
motion  was  agreed  to.  . 

COUNTY-SEAT  OF  LITTLE  RIVER  COUNTY. 

Mr.  BEASLEY,  on  behalf  of  the  Committee,  submitted  the  following 

EEPOKT  OF  COMMITTEE  ON  BOUNDAKIES 
UPON  THE  LOCATION  OF  COUNTY-SEAT  OF  LITTLE  RIVER  COUNTY. 

The  Committee  on  Boundaries  report  back  the  resolution  appointing  Com- 
missioners to  locate  the  County-seat  of  Little  Eiver  County,  and  recommend 
its  passage. 

Mr.  CYPERT.  I  do  not  wish  to  oppose  the  gentleman's  project;  but 
the  statute  does  amply  provide  for  this  whole  subject;  and  if  we  are  to 
enter  upon  such  business,  it  does  seem  to  me  we  are  frittering  away  the 
time  of  the  State.  The  County  Commissioners  are  empowered  to  appoint 
Commissioners  for  this  very  purpose. 

Mr.  McCLURE.  I  am  informed  that  this  County  is  in  a  somewhat  pe- 
culiar position — though  I  do  not  know  how  the  case  may  stand  with  other 
(  300  ) 


4 


JaD.  24th.]  AEKANSAS  CONSTITUTIOXAL  CO^s^YEKTIOK  [15tli  Day. 
County-seat  of  Little  Eiver  County.— BROOKS— MOIS'TGOMERY—CYPERT. 


counties.  This  one  was  formed  by  the  last  Legislature.  Its  people  have 
no  court;  they  are  attached  to  no  judicial  district.  They  are,  practically, 
without  a  government  at  all.  For  these  reasons,  I  shall  favor  the  action 
proposed. 

Mr.  BROOKS.  I  suppose  the  honorable  gentleman  from  Arkansas 
[Mr.  McClure]  was  correctly  informed.  If  they  are  without  organiza- 
tion, without  courts,  without  government,  I  do  not  think  they  need  any 
county-seat.  I  think  that  we  shall  do  well  to  go  quietly,  and  with  as  much 
sobriety  as  may  be,  with  regard  to  these  matters.  I  am  not  fastidious,  as 
is  well  known,  with  regard  to  the  prerogatives  of  this  Convention ;  but  I 
think  we  ought  to  see  a  clear  necessity  before  taking  action  of  this  kind. 
The  question  is  a  purely  local  one;  and  evidently,  from  the  statements  of 
gentlemen  here,  there  is  no  pressing  necessity  for  action  upon  the  subject.. 
We  hope  it  will  be  but  a  few  short  weeks  before  the  General  Assembly, 
under  the  Constitution  which  we  shall  frame  here,  will  be  within  these 
halls;  and  I  do  thiuk  the  people  of  this  County  will  be  able  to  struggle 
through,  duriug  this  starvation  period,  until  we  can  organize  the  proper 
tribunal  to  attend  to  the  matter. 

Mr.  MOi^TGOMERY.  I  happen  to  know  something,  personally,  of  this 
Little  River  County.  The  Act  of  the  last  Legislature,  to  which  reference 
is  made,  is  partially  unconstitutional.  The  Act  placed  that  County  in  the 
I^inth  Judicial  Circuit.  The  existing  Constitution  of  the  State  of  Arkan- 
sas declares,  I  believe,  that  no  circuit  shall  include  over  seven  counties. 
Little  River  made  the  eighth  county  in  that  Circuit.  It  is  entirely  out  in 
the  cold,"  as  far  as  judicial  proceedings  of  this  State  are  concerned;  belong- 
ing, as  it  does,  to  no  circuit.  Through  mismanagement,  fraud,  and  every 
conceivable  trick,  it  has  been  undertaken  to  locate  the  County-seat  in  a 
pine-swamp.  The  desire  of  the  citizens  of  that  County,  to-day,  is,  that 
the  County-seat  may  be  temporari-ly  located  at  some  point  where  there  are 
some  buildings.  The  County-seat,  to-day,  is  placed  five  miles  from  any 
house;  and  nothing  has  been  done,  or  undertaken,  toward  holding  courts, 
or  anything  of  the  kind.  Administration  business,  orphans'  business,  and 
everything  of  that  nature,  is  going  by  the  board,  in  that  County;  and  the 
people  have  no  way,  unless  through  this  Convention,  of  procuring  any 
remedy  for  these  evils.  This  project  was  organized  by  a  set  of  tricksters 
opposed  to  the  organization  of  the  new  County,  and  who  desired  to  render 
null  and  void  the  action  of  the  last  Legislature.  We  are  the  only  body  to 
which  the  people  of  the  County  can  resort  for  assistance  in  this  matter; 
and  I  do  not  believe  that  we  are  transcending  the  powers  of  the  people  of 
Arkansas,  when  we  direct  that  three  men  shall  locate  the  County-seat,  to 
remain  as  such  until  a  regular  organization  of  the  County  shall  be  effected. 

Mr.  CYPERT.  Just  as  I  expected.  There  is  a  local  feeling;  and  it  is 
deemed  desirable  to  bring  the  matter,  for  decision,  before  peopli^who  have 

(  .^01  ) 


1868.] 


DEBATES  AISTD  PEOCEEDmGS  OF  THE 


[Friday, 


'  County-seat  of  Little  River  County.— MONTGOMERY— CYPEET—GANTT— GREY. 


no  knowledge  of  the  facts.  If  there  is  no  county  court,  what  do  they 
want  with  a  county-seat  ? 

Mr.  MOE'TGOMERY.  If  the  gentleman  will  allow  me,  I  will  correct 
that  impression.  It  is  an  erroneous  one.  An  election  of  County  officers 
was  held,  on  the  first  of  this  month,  after  the  passage  of  the  Reconstruc- 
tion Act, — by  the  people  of  the  County ;  and  every  person  voted,  whether, 
under  the  reconstruction  measures,  he  had  a  right  to  vote,  or  not.  That 
election  was  set  aside  by  the  military  authorities,  and  a  new  election  had. 
The  result  of  that  election  we  have  not  received.  The  County  officers 
have  no  place  for  the  transaction  of  business. 

Mr.  CYPERT.  They  have  power  to  call  for  the  election  of  Commis- 
sioners to  locate  a  county-seat.  The  matter  is  a  purely  local  one.  If  we 
are  to  legislate  for  the  domestic  affiiirs  of  that  County,  it  has  no  need  of  a 
county-seat.  There  has  been  inaugurated,  in  our  government,  a  system 
of  that  kind,  that  may  be  popular,  and  may  strike  the  fancy  of  gentlemen 
on  this  floor ;  but  I  have  not  been  used  to  it,  and  do  not  like  it. 

Mr,  GAISTTT.  I  desire,  only,  to  say,  that  if  true,  as  stated  on  the  floor 
yesterday,  that  the  last  Legislature  was  an  unconstitutional  and  illegal 
body,  the  act  creating  this  Count}'  is  null  and  void,  and  there  is  no  county 
of  Little  River.  If  there  is  no  county,  there  is  no  necessity  of  establishing 
a  county-seat. 

Mr.  MONTGOMERY.  I  will  say  one  word  further,  in  regard  to  this 
matter  of  the  appointment  of  Commissioners  by  the  County.  That  was 
done  in  violation  of  the  Reconstruction  Laws ;  and  this  is  the  reason  why 
we  think  we  have  as  much  authority  in  this  matter,  as  General  Ord,  or 
any  one  else. 

Mr.  GREY,  of  Phillips.  It  was  under  the  representations  made  by 
gentlemen  here,  that  I  signed  that  Report.  I  was  under  the  impression 
that  the  matter  was  one  which  belonged  especially  to  the  people  of  the 
County ;  but  in  the  onerous  position  in  which  they  were  placed,  the  Chair- 
man of  the  Committee  informed  me,  it  was  necessary  that  something 
should  be  done.  Presuming  that  to  be  the  best  means  of  getting  at  the 
desired  result,  I  signed  the  Report  to  that  effect. 

The  question  being  upon  the  adoption  of  the  Report, 
Mr.  HICKS  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  negative, — Yeas,  32, 
IN'ays,  33,  as  follows : 

Yeas  :  Messrs.  Beasley,  Belden,  Brashear,  Coates,  Oorbell,  Exon,  Gray  of 
Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Houghton,  Hutchinson, 
Langley,  Mallory,  Merrick,  Montgomery,  Murphy,  McClure,  Oliver,  Priddy, 
(  302  )' 


Jan.  24tli.]  AEKANSAS  CONSTITUTIOXAL  COXYEXTIO^v^.  [15tli  Day. 


Eeport  of  Committee  on  Executive  Department. 


Eawlings,  Eector,  Eounsaville,  Samuels,  Sarber,  Scott.  Snvder,  White.  Williams, 
Wyatt,  and  the  President— 32. 

Nays  :  Messrs.  Bell,  Brooks,  Cyx^ert,  Dale,  Diivall,  Evans,  Gantt,  Hicks, 
Hinkle,  Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Hoge,  Kyle,  Mason, 
Matthews,  Misner,  Millsaps,  Moore,  Norman,  Owen,  Poole.  Portis,  Puntney, 
Eeynolds,  Sams.  Shoppach,  Sims,  Smith,  Yan  Hook,  Walker,  Wilson,  and 
Wright— 33. 

So  the  Eeport  was  rejected. 

EXECUTIVE  DEPARTMENT. 

Mr.  SNYDEE,  on  behalf  of  the  Committee,  presented  the  following 

EEPOPvT  OF  COMMITTEE  Ois  EXECUTIVE  DEPAKTME^T. 

The  Executive  Committee  of  the  Constitutional  Convention  of  the  State  of 
Arkansas,  beg  leave  to  report  the  following  : 

Section  One.  The  Executive  Department  of  this  State  shall  consist  of  a 
C4overnor,  Lieutenant  Governor,  Secretary  of  State,  Auditor,  Treasurer,  and 
Attorney-General,  all  of  w^hom  shall  hold  their  several  oiiices  for  the  term  of 
four  years,  and  until  their  successors  are  elected  and  qualified.  They  shall  be 
chosen  by  the  qualified  electors  of  this  State,  at  the  times  and  places  of  choos- 
ing the  members  of  the  General  Assembly. 

Section  Two.  The  supreme  executive  power  of  this  State  shall  be  vested  in 
the  Governor. 

Section  Three.  No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieu- 
tenant Governor,  who  shall  not  have  attained  the  age  of  twenty-five  years,  who 
shall  not  have  been  five  jeSiVS  a  citizen  of  the  United  States,  who  shall  not,  at 
the  time  of  his  election,  have  had  an  actual  residence  in  this  State  for  two 
years  next  preceding  his  election,  and  who  shall  not  be  a  qualified  elector  as 
prescribed  in  this  Constitution. 

Section  Pour.  In  elections  for  Governor  and  Lieutenant  Governor,  the  per- 
son having  the  highest  number  of  votes  shall  be  declared  elected.  But  in  case 
that  two  or  more  persons  shall  have  an  equal,  and  the  highest,  number  of  votes, 
for  Governor  or  Lieutenant  Governor,  the  General  Assembly  shall  by  joint 
.  vote  choose  one  of  such  persons.  The  Governor  shall  be  Commander-in-Chief 
of  the  military  and  naval  forces  of  the  State,  and  may  call  out  such  forces  to 
execute  the  laws,  suppress  insurrections,  repel  invasions,  or  preserve  the  j)ublic 
peace.  He  shall  transact  all  necessary  business  with  other  officers  of  the 
State  Government,  and  may  require  information,  in  writing,  of  the  officers  of 
the  Executive  Department,  upon  any  subject  pertaining  to  the  duties  of  their 
respective  offices. 

Section  Five.  It  shall  be  the  duty  of  the  Governor  to  see  that  the  laws  are 
faithfully  executed. 

Section  Six.  He  may  convene  the  Legislature  on  extraordinary  occasions. 

(  303  ) 


1868.] 


DEBATES  A^s^D  PEOCEEDmGS  OF  THE 


[Friday, 


Eeport  of  Committee  on  Executive  Department. 


Section  Seven.  He  shall  give  to  the  General  Assembly,  and,  at  the  close  of 
his  official  term,  to  the  next  General  Assembly,  information,  by  Message,  con- 
cerning the  condition  of  the  State,  and  recommend  such  means,  to  their  con- 
sideration, as  he  may  deem  expedient. 

Section  Eight.  He  may  convene  the  General  Assembly  at  some  other  place, 
when  the  seat  of  government  becomes  dangerous  from  the  prevalence  of  dis- 
ease, or  the  presence  of  a  common  enemy. 

Section  ]N"ine.  He  may  grant  reprieves,  pardons,  and  commutations,  after 
conviction,  for  all  offences,  except  treason  and  cases  of  impeachment,  upon  such 
conditions,  and  with  such  restrictions  and  limitations,  as  he  may  think  proper; 
subject,  however,  to  such  regulations  as  may  be  prescribed  by  law,  relative  to 
the  manner  of  applying  for  pardons.  Upon  conviction  for  treason  he  may 
suspend  execution  of  the  sentence  until  the  matter  shall  be  reported  to  the 
General  Assembly  at  its  next  session,  when  the  General  Assembly  shall  either 
pardon,  commute  the  sentence,  direct  the  execution  of  the  same,  or  grant  a 
further  reprieve.  The  Governor  shall  communicate  to  the  General  Assembly, 
at  each  session,  information  concerning  each  case  of  pardon,  reprieve,  or  com- 
mutation, granted,  and  the  reasons  therefor. 

Section  Ten.  In  case  of  the  impeachment  of  the  Governor,  his  removal  from 
office,  death,  resignation,  inability,  or  removal  from  the  State,  the  powers  and 
duties  of  the  Governor  shall  devolve  upon  the  Lieutenant  Governor,  during  the 
residue  of  the  term,  or  until  the  disabilities  of  the  Governor  are  removed. 

Section  Eleven.  During  a  vacancy  in  the  office  of  Governor,  if  the  Lieu- 
tenant Governor  resign,  be  impeached,  displaced,  absent  from  the  State,  or 
incapable  of  acting,  the  President  'pro  tempore  of  the  Senate  shall  act  as  Gov- 
ernor, until  the  vacancy  be  filled,  or  the  disability  cease. 

Section  Twelve.  The  Lieutenant  Governor  shall,  by  virtue  of  his  office,  be 
President  of  the  Senate ;  and  when  there  is  an  equal  division  he  shall  give  the 
casting  vote. 

Section  Thirteen.  member  of  Congress,  or  any  person  holding  any  office 
under  the  United  States,  or  this  State,  shall  execute  the  office  of  Governor. 

Section  Fourteen.  The  Lieutenant  Governor  and  the  President  of  the 
Senate  yro  tempore^  while  performing  the-  office  of  Governor,  shall  receive  the 
same  compensation  as  the  Governor. 

Section  Fifteen.  All  official  acts  of  the  Governor — -his  approval  of  the  laws 
excepted — shall  be  authenticated  by  the  great  Seal  of  the  State,  which  Seal 
shall  be  kept  by  the  Secretary  of  State. 

Section  Sixteen.  The  Governor  shall,  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  a  convenient  number  of  Kotaries  Public,  not  to  exceed 
six  for  each  county,  who  shall  discharge  such  duties  as  are  now,  or  as  may 
hereafter,  be  prescribed  by  law. 

Section  Seventeen.  All  commissions  issued  to  persons  holding  office  under 
the  provisions  of  this  Constitution,  shall  be  in  the  name,  and  by  the  authority, 
of  the  people  of  the  State  of  Arkansas, — sealed  with  the  Great  Seal  of  the  State, 
signed  by  the  Governor,  and  countersigned  by  the  Secretary  of  State. 

Section  Eighteen.  The  Secretary  of  State,  State  Treasurer,  Auditor  of 
(  304  ) 


Jan.  24th.]  AEKAXSAS  COXSTITrTIOXAL  COXYEXTIOX.  [15tb  Day. 


Report  of  Committee  on  Executive  Department. 

State  and  Attorney-General  shall  severally  reside,  and  keep  all  public  records, 
books,  papers,  and  documents,  which  may  pertain  to  their  respective  offices,  at 
the  seat  of  government. 

Section  Nineteen.  The  returns  of  ever}'  election  for  Governor,  Lieutenant 
Governor,  Secretary  of  State,  State  Treasurer,  Auditor  of  State,  and  Attorney- 
General,  shall  be  sealed  up  and  transmitted  to  the  seat  of  Government  by  the 
returning  officers,  and  directed  to  the  presiding  officer  of  the  Senate,  who  dur- 
ing the  first  week  of  the  session  shall  open  and  publish  the  same  in  j^resence 
of  the  members  then  assembled.  The  person  having  the  highest  number  of 
votes  shall  be  declared  elected;  but  if  two  or  more  shall  have  the  highest  and 
equal  number  of  votes  for  the  same  office,  one  of  them  shall  be  chosen  by  a 
joint  vote  of  both  houses.  Contested  elections  shall  likewise  be  determined 
b}'  both  houses  of  the  General  Assembly,  in  such  manner  as  is  or  may  hereafter 
be  23rescribed  by  law. 

Section  Twenty.  The  Secretary  of  State  shall  keep  a  fair  record  of  all  offi- 
cial acts  and  proceedings  of  the  Governor,  and  shall,  when  required,  lay  the 
same,  and  all  papers,  minutes,  and  vouchers,  relative  thereto,  before  the  General 
Assembly,  and  shall  perform  such  other  duties  as  are  now,  or  may  hereafter 
be,  prescribed  by  law. 

Section  Twenty-one.  The  Auditor  of  State,  State  Treasurer,  and  Attorney- 
General,  shall  perform  such  duties  as  are  now,  or  may  hereafter  be,  prescribed 
by  law. 

Section  Twenty-two.  In  case  of  the  death,  impeachment,  removal  from  the 
State,  or  other  disability,  of  the  Secretary  of  State,  State  Treasurer,  Auditor 
of  State,  or  Attorney-General,  the  vacancies  in  their  several  offices,  thus  occa- 
sioned, shall  be  filled  by  appointment  of  the  Governor,  which  appointment 
shall  be  made  for  the  unexpired  terms  of  said  officers,  or  until  said  disabilities 
are  removed,  or  until  elections  are  held  to  fill  said  vacancies. 

Section  Twenty-three.  The  officers  of  the  Executive  Department,  men- 
tioned in  this  article,  shall,  at  stated  times,  receive  for  their  services  a  compen- 
sation to  be  established  bylaw;  which  shall  not  be  diminished  during  the  period 
for  which  they  shall  have  been  elected. 

Section  Twenty-four.  The  officers  of  the  Executive  Department  shall  not 
be  eligible,  during  the  period  for  which  they  may  be  elected  or  appointed  to 
their  respective  offices,  to  any  position  in  the  gift  of  the  qualified  electors,  or 
of  the  General  Assembly  of  this  State. 

0.  P.  Snyder, 

Chairman  of  Executive  Committee. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Eeport  be  laid  upon  the 
table,  that  one  hundred  copies  he  printed  for  the  use  of  the  members  of 
the  Convention,  and  that  it  be  made  the  special  order  of  the  day  for 
Thursday,  January  30th. 

The  question  was  taken,  and  the  motion  was  agreed  to. 


20 


(  305  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Sale  of  Arkansas  Hot  Springs — Eemoval  of  Papers  from  Secretary's  Desk. 


SALE  OF  ARKANSAS   HOT  SPRINGS. 

Motions  and  resolutions  being  in  order, 

Mr.  HINDS  presented  the  following  resolution  : 

Besolved:  That  a  committee  of  three  be  appointed  by  the  Chair,  to  draft  a 
memorial  to  Congress,  setting  forth  the  necessity  for,  and  asking  the  public 
sale  of,  the  Arkansas  Hot  Springs. 

Mr.  BEOOKS.  I  hope  we  will  not  take  that  kind  of  action  hastily. 
From  all  I  know^  with  respect  to  the  subject — and  I  am  not  wholly  with- 
out information, — I  think,  perhaps,  the  action  indicated  is  a  correct  one; 
but  I  greatly  prefer  that  we  refer  the  resolution  to  a  committee,  to  inves- 
tigate and  report  upon  the  subject,  rather  than  to  adopt  a  resolution  direct- 
ing a  committee  to  take  so  important  a  step,  of  this  nature,  without  having 
the  facts  previously  placed  before  the  Convention.  I  think  it  far  better 
that  we  take  measures  to  secure  a  full  understandiu":.  If  we  shall  then 
come  to  the  conclusion  to  adopt  the  resolution,  we  shall  be  able  to  satisfy 
our  own  minds,  and  to  satisfy  others,  with  regard  to  the  action  to  be  taken. 

I  therefore  move  to  refer  the  resolution  to  a  committee  of  three,  with 
instructions  to  consider  and  report  upon  the  propriety  of  memorializing 
Congress  upon  the  subject. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

REMOVAL  OF  PAPERS  FROM  THE  SECRETARY'S  DESK. 

Mr.  McCLUEE  presented  the  following  resolution : 

Resolved:  That  hereafter  no  record,  resolution,  or  other  paper,  shall  be  re- 
moved from  the  Secretary's  desk,  for  any  purpose,  without  the  order  of  the 
President  of  the  Convention. 

Mr.  BEOOKS.  I  would  suggest  to  the  honorable  member,  to  amend  by 
adding,  ^'without  the  consent  of  the  Secretary."  The  Secretary  might 
be  perfectly  willing  to  entrust  to  a  member,  for  a  few  moments,  without 
the  order  of  the  President,  a  paper  lying  upon  the  desk.  If,  however,  the 
Secretary  does  not  feel  that  he  can  assume  the  responsibility  of  denying 
members  that  privilege,  I  have  no  objection  to  the  resolution  as  it  stands. 
I  should  prefer,  if  I  were  at  the  desk  myselfl,  to  have  that  kind  of  dis- 
cretion. 

Mr.  CYPEET  said  he  presumed  the  resolution  originated  from  the  fact 
of  his  having  taken  a  paper  from  the  desk,  for  the  purpose  of  examination. 
He  had  done  so  as  one  of  the  Committee  on  the  Eevision  of  the  Journal, 
(  306  ). 


Jan.  24th.]  AEKAXSAS  COXSTITUTIONAL  COXTE^"TIO:Nr.  [15tli  Day. 


Committee  on  Arkansas  Hot  Springs. 


and  with  a  view  of  making  a  report.  The  privilege  of  thus  examining 
papers  was  indispensable  to  the  performance  of  the  duty  assigned  the 
Committee.  If  a  member  engaged  in  that  dtity  should  mutilate  the 
paper,  he  would  be  responsible. 

Mr.  McCLURE  disavowed,  on  his  own  part,  any  such  motive  in  the 
introduction  of  the  resolution.  On  the  preceding  day,  members  had  gone 
to  the  Secretary's  desk,  had  taken  from  it  a  resolution  then  under  con- 
sideration of  the  Convention,  had  left  untotiched  as  much  of  it  as  they 
wanted,  torn  the  paper  in  two,  and  thrown  away  what  they  considered  the 
surplus.  AVhen  the  Secretaries  came  to  make  up  the  record,  they  found 
themselves  embarrassed  by  the  discovery  that  one-half  the  original  resolu- 
tion was  missing:  and,  this  morning,  he  [Mr.  McC&ure]  had  to  stipply, 
from  memory,  an  amendment  to  the  resolution  which  he  had  introduced. 

Mr.  BROOKS.  I  have  to  say,  as  far  as  I  am  concerned,  as  an  individual 
member  of  the  Convention,  that  if  there  is  any  member  here  who  pursues  a 
course  of  that  kind,  I  am  for  having  charges  preferred,  putting  him  around 
the  ring  on  the  dotible-quick,  and  having  tlie  Sergeant-at-Arms  show  him 
the  hole  that  the  carpenters  made.  The  act  is  an  outrage — it  is  criminal. 
I  did  not  suppose  it  necessary  that  we  should  protect  ourselves  against 
that  kind  of  raiding.  I  supposed  the  days  of  raids  were  over,  here.  I 
regard  the  resolution,  in  the  light  of  this  explanation,  as  not  so  muck  a 
movement  to  protect  the  Secretaries,  as  to  protect  the  honor,  the  common 
honesty,  and  respectability,  of  the  body,  against  the  acts  of  thoughtless, 
criminally  thoughtless  members  of  the  Convention.  If  the  mutilation  has 
been  inadvertent,  that  is  a  different  matter.  Of  course,  such  inadvertence 
would  be  pardoned. 

Mr.  McCLURE.  I  do  not  think  it  was  intentional. 

Mr.  BROOKS.  I  should  hope  not,  certainly. 

I  move  to  amend  the  resolution  by  adding,  without  the  consent  of  the 
Secretary."' 

The  question  was  taken:  and  the  amendment  was  agreed  to. 
The  question  was  then  taken  on  the  resolution  as  amended;  and  the 
resolution  was  adopted. 

COMMITTEE  OX  THE  ARKANSAS  HOT  SPRINGS. 

The  PRESIDENT  announced  the  Special  Committee  on  the  Hot 
Springs  of  Arkansas,  as  follows  : 
Messrs.  Hinds,  Brooks,  and  McClure."^ 


*  Messrs.  Snyder  and  Coates,  also,  were  appointed  upon  this  Committee:  but  the  reso- 
lution having  called  for  a  committee  of  three  only,  the  names  of  those  gentlemen  were 
stricken  out  before  the  making  up  of  the  day's  journal. — Keporter. 

(  307  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Navigation  of  Ouachita  and  Eed  Eivers — Continuance  of  Freedmen's  Bureau. 


NAVIGATION  OF  OUACHITA  AND  RED  RIVERS. 

Resolved :  That  a  Committee  of  three,  of  whom  Mr.  Portis  shall  be  Chair- 
man, be  appointed,  to  draft  a  memorial  to  Congress  for  the  improvement  of  the 
Ouachita  Eiver. 

Mr.  MOlsTTGOMERY  moved  to  amend  by  adding  tlie  following : 

Besolved  :  That  the  Committee  on  Memorials  be  instructed  to  report  a  memo- 
rial to  Congress,  asking  for  an  appropriation  for  the  purpose  of  improving  the 
navigation  of  Red  Eiver,  to  facilitate  government  transportation  of  mails  and 
government  stores  to  the  Indian  country. 

Mr.  HINDS  moved  to  amend  the  amendment  by  striking  out  the  word 
report,"  and  inserting,  instead  thereof,  the  words,  "  inquire  into  the 
expediency  of  reporting." 

The  question  was  taken ;  and  the  amendment  was  agreed  to. 

Mr.  MOiTTGOMERY.  I  think  the  resolution  was  right  as  it  stood  origi- 
nally. I  would  like  to  state  the  reasons  why  I  desired  it  in  that  form. 
Red  River,  although  probably  not  as  navigable,  in  some  parts  of  the  year, 
as  some  others,  is  one  of  the  most  important  rivers  of  the  State.  

Mr.  HIKDS.  I  rise  to  a  point  of  order.  The  amendment  has  already 
been  declared  by  the  Chair  as  adopted. 

The  PRESIDE^TT.  The  Doint  of  order  is  well  taken. 

The  question  was  then  taken  on  the  resolution  as  amended ;  and  the 
resolution  was  adopted. 

CONTINUANCE  OF  THE  FREEDMEN'S  BUREAU. 

Mr.  SCOTT  presented  the  following  resolution : 

Resolved :  That  a  special  committee  be  appointed,  to  memorialize  Congress 
to  continue  the  Freedmen's  Bureau  until  the  State  is  reconstructed ;  and  that 
the  Committee  to  whom  this  resolution  is  referred  be  instructed  to  report  by 
Monday  morning,  January  27th. 

Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
47,  Nays  18,  as  follows : 

Yeas  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle, 
Hollis,  Hodges  of  Pulaski,  Houghton,  Hutchinson,  Kyle,  Langley,  Mallory, 
Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McClure,  Oliver, 
(  308  ) 


Jan.  24th.]  AEKAXSAS  CO^'STITrTIOXAL  COXTEXTIOX.  [15tli  Dav. 


Per  Diem  of  Delegates  from  Ashley  Couiitt.— KYLE— MATTHEAVS— BEOOKS. 


Portis.  Priddy.  Piawliiigs.  Eector.  Eoimsaville.  Sams.  Samuels.  Sarber.  Sc-ott, 
Smith.  Snyder.  Van  Hook.  Wilson.  White.  "\Villiams.  "Wyatt.  and  the  Presi- 
dent— i7. 

Xats  :  ^Messrs.  Cypert.  EitYall.  Evans.  Gantt.  Hicks.  Hodges  of  Crittenden. 
Hoge.  Mason.  Matthews.  Moore.  Xorman.  Owen.  Puntney.  Eeynolds.  Shoppach, 
Sims.  TTalker.  and  Wright — IS. 

So  the  resolution  was  adopted. 

PER   DIEM   or  THE  DELECtATES  EROM  ASHLEY  COUXIY. 

Mr.  KYEE  presented  the  following  resolution  : 

Whereas.  Messrs,  Geoege  Xoii3ian  and  W.  D.  Moore,  delegates  from  the 
County  of  Ashley.  worJd  have  appeared  in  their  seats  on  the  day  of  the  or- 
ganization of  this  Convention,  and  by  no  fattlt  of  theirs  were  prevented  from 
so  doing. 

And  ichereas,  it  is  but  just  that  they  should  receive  per  diem  from  said  first 
day  of  the  Convention. 

Therefore  be  it  resolved  :  That  the  Secretary  of  this  Convention  do  issue  to 
them  the  necessary  certificates  to  enable  them  to  draw  said  pay. 

Mr.  MATTEIEWS  said,  in  support  of  the  resolution,  that  these  gentle- 
men were  in  his  town,  on  the  morning  of  his  departure  to  attend  the  ses- 
sion of  the  Convention,  and  had  there  met  the  order  revoking  the  election. 
They  could  have  been  home  but  a  day  or  two.  before  the  order  was  re- 
scinded: so  that,  in  cousec_[uence  of  their  election,  they  had  been  absent 
from  their  home  and  business  as  much  as  any  other  members  of  this  Con- 
vention.   The  resolution  was  an  eminently  proper  one. 

Mr.  BROOKS  inquired  whether  the  gentlemen  in  Cjuestion  were  in 
Little  Rock  at  the  opening  of  the  Convention,  ready  to  take  their  seats. 

Mr.  MATTHEWS  replied,  that  they  had  started  in  due  time,  and  at 
Monticello  had  met  the  order  revoking  their  election. 

Mr.  BROOKS.  I  move  to  insert  the  words,  --from  the  time  of  their 
arrival  here.'"  I  oifer  this  amendment,  with  this  view  ;  that  while,  doubt- 
less, it  was  not  the  fatilt  of  the  honorable  members  that  they  were  not 
here,  neither  was  it  the  fault  of  the  Convention.  H  the  gentlemen  were 
prevented,  by  military  orders  respecting  the  election,  from  being  present 
at  the  opening  of  the  Convention,  that  was  their  misfortune.  But,  sir, 
I  take  it  that  we  would  not  he  justified  in  voting  members  their  per  diem 
for  time  when  they  were  not  here.  It  may  not  have  been,  and  was  not, 
their  fault.  But  a  railroad  train  might  have  run  olf  the  track,  or  a  steam- 
boat sunk,  with  some  of  the  rest  of  us.  and  we  might,  in  consecjuence.  have 
failed  to  arrive  until  this  period.  Such  an  event  might  have  been  a  mis- 
fortune to  us:  but  the  State  ought  not  to  be  recjuired  to  pay  us  unless  we 
were  actually  here  to  enter  upon  our  duties,  no  matter  what  detained  us. 

(  309  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Per  Diem  of  Delegates  from  Ashley  County.— GENEEAL  DEBATE. 


Mr.  MALLORY.  I  do  not  think  the  Convention,  which  has  been  so 
liberal  respecting  pay  and  mileage, — giving  fifty  cents  a  mile  and  ten  dol- 
lars a  day, — should  be  so  tenacious  as  to  the  pay  of  a  couple  of  members. 
After  the  statement  of  the  gentleman  from  Drew  [Mr.  Matthews],  I  can- 
not, being  in  favor  of  obedience  to  the  military  authorities,  think  other- 
wise than  that  these  gentlemen  came  here  as  soon  as  they  in  propriety 
could.  I  advocate  the  amendment,  from  the  fact  that  they  started,  the 
first  time,  without  orders. 

Mr.  MATTHEWS  [in  Ms  seaf]  They  did,  sir. 

Mr.  HOLLIS.  I  arrived  here  three  days  after  the  Convention  met,  and 
on  account  of  a  second  election.  I  want  to  know  if  I  will  be  entitled  to 
per  diem  from  the  time  the  Convention  met.    I  ask  for  information. 

Mr.  SAEBER  moved  to  amend  by  inserting,  after  the  names  of  Messrs. 
Moore  and  iToRMAN,  the  name  of  Mr.  Merrick. 

Mr.  BROOKS.  Upon  the  development  of  these  facts,  I  would,  if  it 
would  meet  the  views  of  the  Convention,  greatly  prefer,  since  it  appears 
that  there  are  other  gentlemen  in  similar  situation,  to  refer  this  whole 
matter  to  a  prudent  committee,  to  settle  the  whole  question.  I  have,  cer- 
tainly, nothing  of  a  personal  or  political  character  influencing  me  with 
reference  to  the  amendment  which  I  ofler.  I  would  not  wish  to  be  an 
agent  in  preventing  any  gentleman  from  receiving  honorable  and  ample 
compensation  for  his  services.  There  seem  to  be  more  cases,  of  this  kind, 
than  one;  and  I  think  we  had  better  refer  the  question  to  a  prudent  com- 
'  mittee.  We  can  then  have  no  personal  or  political  motive  assigned  to  our 
action,  whatever  may  be  determined.  I  would  say,  to  my  friend  on  the 
right  [Mr.  Mallory]  that  I  was  not  of  the  number  who  voted  for  ten  dol- 
lars per  day  and  fifty  cents  mileage,  until  it  came  to  a  final  vote  on  the 
question.  That  matter  is  not  now  under  consideration,  it  is  not  a  question 
of  a  trifle  on  the  balance-sheet  of  the  State,  one  way  or  the  other,  but 
simply  that  of  doing  these  things  in  a  business  way,  no  matter  who  is 
interested.  .  I  hold  it  scarcely  well  that  we  should  establish  a  precedent  of 
the  kind  proposed.  No  matter  what  was  the  occasion  of  the  detention  of 
these  gentlemen,  that  was  their  misfortune. 

If  it  be  in  order,  I  would  move  that  this  subject — I  mean,  the  resolution, 
and  the  general  subject  embraced  in  this  or  any  other  resolution  of  the 
kii-icl — be  referred  to  a  select  committee  of  three,  with  instructions  to  report. 

Mr.  KYLE.  I  would  like  to  see  the  rule  enforced,  which  requires  that 
members  shall  not  address  the  Chair  more  than  once  upon  the  same  sub- 
ject, when  there  are  others  who  wish  to  speak. 

Mr.  BROOKS.  I  would  wish  to  explain.  If  there  is  anything  I  desire, 
in  deliberative  bodies,  it  is  that  I  should  myself  be  in  order.  I  cast  my 
eye  around  to  see  if  there  was  any  one  desiring  the  floor.  If  I  made  an 
error  in  my  observation,  I  ask  pardon  of  the  Chair,  and  of  the  Convention. 
(  310  ) 


Jan.  24th.]  AEKAXSAS  C0:N^STITLTTI0XAL  C0XYE]N^TI0X.  [15th  Da}', 


Per  Diem  of  Delegates  from  Ashley  County.— KYLE— McCLUEE. 


The  PEESIDEXT.  The  Chair  uDclerstood  the  gentleman  from  Phillips 
[Mr.  Brooks],  in  any  event,  to  introduce  a  new  proposition. 

Mr.  KYLE.  I  rose,  three  times,  to  catch  the  eye  of  the  President,  and 
did  not  succeed.  As  my  friend  [Mr.  Brooks]  had  spoken  before,  and, 
under  the  rules,  was  not  again  entitled  to  the  floor  until  all  others  had 
spoken  who  might  so  desire,  I  felt  at  liberty  to  offer  the  remark  which  I 
made.    His  apology  is  good. 

I  hold  that  these  gentlemen,  according  to  all  the  rules  of  deliberative 
bodies,  are  entitled  to  their  pay.  They  were  members  elect,  for  the  fact 
has  been  so  provep ;  and  it  is  not  their  fault  that  they  were  not  here  when 
the  Convention  first  assembled.  They  made  their  arrangements,  left  their 
homes,  and  were  on  their  way  to  attend  to  the  people's  business.  The}' 
met  with  the  order  remanding  the  election  in  their  County  back  to  the 
people.  Of  course,  it  became  their  duty  to  attend  to  their  interests  before 
their  constituents.  They  did  so.  It  turns  out,  however,  upon  examina- 
tion by  the  commanding  General,  that  they  were  legally  elected,  and  en- 
titled to  their  seats.  They  are  duly  notified  to  appear  here  as  members 
from  Ashley  County;  and  they  accordingly  come  here.  They  have  been 
at  as  much  expense,  in  coming  here,  as  the  rest  of  us.  It  is  the  custom 
of  deliberative  bodies,  when  a  member  is  prevented,  by  no  fault  of  his, — 
by  injustice  done,  or  anything  else  that  may  detain  him, — from  attendance 
at  the  opening  of  the  session,  to  place  him,  in  the  matter  of  pay,  upon  an 
equal  footing  with  the  rest  of  the  members,  and  allow  him  his  compensa- 
tion from  the  commencement  of  the  session. 

As  regards  those  members  whose  elections  were  declared  informal,  and 
in  whose  cases  new  elections  actually  took  place,  and  they  were  re-elected 
to  this  body, — as  in  the  case  of  my  honorable  friend  from  Lafayette  County 
[Mr.  Merrick], — an  entirely  different  question  is  presented.  In  that  in- 
stance, there  was  an  entirely  new  election.  The  gentleman  was  elected, 
to  be  sure:  but  it  is  for  the  Convention  to  say  whether  he  shall  receive 
his  pay  from  the  beginning. 

I  hope  the  amendment  of  the  gentleman  from  Phillips  [Mr.  Brooks], 
so  far  as  it  regards  the  case  of  the  gentlemen  from  Ashley,  will  not  prevail. 

Mr.  McCLUEE.  I  believe  this  now  stands  before  the  Convention  as  a 
question  of  reference. 

The  PRESIDENT.  It  is  a  question  of  reference. 

Mr.  McCLUEE  advocated  the  passage  of  the  original  resolution.  A 
case  of  clear  justice  was  to  be  treated  purely  upon  its  merits;  and  no 
personal  or  political  motive  should  be  allowed  to  disturb  the  judgment 
of  the  Convention.  Two  reports  had  been  submitted  by  the  Committee 
on  Elections,  both  of  which  acknowledged  the  right  of  these  gentlemen 
to  their  seats.  There  seemed  to  be  no  reason  to  doubt  that  they  were 
on  their  road,  to  attend  the  session  of  the  Convention,  at  such  time  as 

(  311  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Expenses  of  Convention.— MATTHEWS— McCLUEE. 


would  have  brought  them  to  Little  Eock  at  the  date  of  assembly.  En- 
countered by  an  order  revoking  their  election,  they  had  returned  home, 
clearly  in  accordance  with  their  duty,  only  to  receive  a  counter-order  de- 
claring the  validity  of  their  election.  He  would  submit,  to  the  Conven- 
tion, the  simple  principle  of  justice.  Is  not  the  laborer  worthy  of  his 
hire  ?  The  expense  attending  the  circumstances  in  which  these  gentlemen 
had  been  placed  by  the  orders  of  the  commanding  Greneral  of  the  District, 
was  of  a  character  that  entitled  them  to  compensation.  He  insisted  that 
if  these  members  had  started  from  home,  been  taken  sick  on  the  road, 
and  brought  to  the  Capital  on  the  last  day  of  the  sesgjon,  they  Avere  en- 
titled to  their  pay,  for  the  obvious  reason  that  they  had  started,  in  good 
faith,  to  perform  a  public  duty.  If  they  had  neglected  their  duty,  the  case 
would  have  presented  a  different  aspect.  He  would  therefore  insist  that 
they  should  be  paid  from  the  date  of  the  assembling  of  the  Convention. 

Mr.  MONTGOMERY  said  he  should  favor  the  reference  to  a  commit- 
tee, in  order  that  some  general  rule  might  be  adopted,  which  should  meet 
all  cases  of  the  kind  that  might  come  before  the  Convention. 

The  question  was  taken  on  the  amendment,  to  refer  the  entire  subject 
to  a  special  committee  of  three;  and  the  motion  was  not  agreed  to. 

The  question  was  then  taken  on  the  amendment  to  insert  the  name  of 
Mr.  Merrick  ;  and  the  amendment  was  agreed  to. 

The  question  was  then  taken  on  the  amendment  to  insert  the  name  of 
Mr.  HoLLis ;  and  the  motion  was  agreed  to. 

The  question  was  then  taken  upon  the  resolution  as  amended;  and  the 
resolution  was  adopted. 

EXPENSES  OF  THE  CONVENTION — AGAIN. 

Mr.  MATTHEWS.  I  gave  notice,  the  other  day,  of  my  intention  to 
move  a  reconsideration  of  the  "  Ordinance  raising  revenue  for  the  pur- 
pose of  defraying  expenses  of  Constitutional  Convention."  I  had  not  then 
determined  whether  or  not  I  should  do  so,  but  wished  not  to  be  precluded 
from  so  doing,  from  want  of  notice ;  and  I  am  not  yet  satisfied  of  the 
propriety  of  the  action ;  yet,  as  there  are  some  gentlemen  here  who  would 
have  given  the  notice  if  I  had  not,  I  now  move  the  reconsideration. 

Mr.  McCLURE.  If  in  order,  I  desire  to  give  a  reason  why  I  shall  vote 
in  favor  of  the  reconsideration.  As  this  Ordinance  now  stands,  it  pro- 
vides that  the  Treasurer  shall  issue  his  warrant,  payable  from  any  amount 
collected  by  the  taxes  of  1868.  I  think,  sir,  that  this  would  be  a  better 
ordinance,  if  the  words  "out  of  any  funds  arising  from  taxes  collected  on 
the  assessment  of  1868,"  were  stricken  out,  and  the  following  words  in- 
serted: "out  of  any  funds  arising  from  taxes  that  may  come  into  the 
Treasury  after  the  passage  of  this  Ordinance."  The  object  of  the  amend- 
(  312  ) 


Jan.  24th.]  AEKAI^SAS  COIS^STITUTIOXAL  CONYEISTTIO^^.  [15th  Daj. 


Expenses  of  Convention.— GENERAL  DEBATE. 


ment  is,  to  take  the  money  assessed  and  collected  upon  the  property  of 
1867,  to  be  paid  into  the  Treasury  between  now  and  the  first  of  June  next, 
and  make  it  applicable  to  the  payment  of  such  warrants  as  may  be  issued 
by  the  Treasurer;  so  that,  instead  of  the  warrant  running  eighteen  months 
for  payment,  it  shall  run  but  six,  without  in  the  least  aflecting  the  taxation 
of  the  people.  The  tax  levied  by  this  Ordinance  remains  as  it  is,  and  will 
be  collected  in  eighteen  months,  but  takes  the  money  which  will  be  paid 
into  the  Treasury,  by  the  sheriifs,  between  this  time  and  the  first  day  of 
June,  to  pay  this  scrip.  As  the  Ordinance  now  stands,  the  scrip  is  pay- 
able only  from  taxes  arising  under  the  levy  of  1868. 

Mr.  PORTIS.  I  am  in  favor  of  the  amendment,  for  the  reason  that  it 
puts  our  warrants  in  better  shape,  and  makes  them  more  valuable;  and, 
further,  that  by  this  plan  the  tax  will  not  press  so  heavily  upon  the  people. 
Many  gentlemen  here  are  averse  to  seeing  the  people  pressed  with  taxes ; 
and  I,  for  one,  entertain  that  feeling;  but  this  tax  must  necessarily  be  paid, 
by  them,  by  1869.    I  shall  therefore  vote  for  the  amendment. 

The  question  was  taken  on  the  motion  for  reconsideration ;  and  the 
motion  was  agreed  to. 

The  PRESIDENT.  The  Ordinance  is  upon  its  third  reading,  and  the 
question  is, — Shall  the  Ordinance  pass? 

Mr.  HICKS.  I  rise  to  a  point  of  order.  Our  rules  require  that  all 
Ordinances  shall  be  passed  on  a  call  of  the  yeas  and  nays.  Can  they  be 
reconsidered  without  a  call  of  the  yeas  and  nays  ? 

The  PRESIDEIvrT.  The  Chair  thinks  it  competent.  It  seems,  at  all 
events,  to  go  by  unanimous  consent,  which  is  substantially  the  same  thing 
as  a  unanimous  vote  upon  a  call  of  the  yeas  and  nays. 

Mr.  GAE'TT  rising  to  the  point  of  order  that  if,  by  the  reconsideration, 
carried  back  to  the  third  reading,  the  Ordinance  was  not  a  subject  of 
amendment, 

After  some  discussion  on  the  point  of  order, 

Mr.  HODGES,  of  Pulaski,  moved  that  the  subject  be  recommitted  to 
the  Committee  on  Finance,  Taxation,  PubUc  Debt,  and  Expenditures. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

Mr.  McCLURE.  If  in  order,  I  submit,  as  the  report  of  the  Committee, 
the  following  recommendation :  To  amend  the  Ordinance,  by  inserting, 
in  the  twelfth  line,  as  printed,  after  the  word  "  payable,"  the  words  "  out 
of  any  funds,  arising  from  taxation,  that  may  come  into  the  Treasury  after 
the  passage  of  this  Ordinance." 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Report  be  adopted,  and  the 
amendment  accepted. 

(  313  } 


1868.] 


DEBATES  AWD  PEOCEEDmGS  OF  THE 


[Friday, 


Expenses  of  Convention.— HINDS— McCLUEE. 


The  question  was  taken ;  and  the  amendment  was  agreed  to. 
The  Ordinance  being  upon  its  third  reading, 

Mr.  HIITDS  said :  There  are  some  matters  contained  in  this  Ordinance, 
which  are,  really,  surplusage.    On  the  eighth  line,  we  find  this  passage : 

^^And  be  it  further  ordained:  That  the  Auditor  of  said  State  is  hereby  directed 
to  issue  his  warrant  upon  the  Treasurer  of  said  State,  for  such  amounts  as  the 
President  and  Secretary  of  the  Convention  may  certify  to  be  due  to  any  per- 
son or  persons,  for  expenses  or  services  incurred  under  the  provisions  of  the 
aforesaid  Act,  upon  the  receipt  of  the  warrant  aforesaid,  the  Treasurer  will 
issue  his  warrant." 

In  the  first  case  the  Auditor  of  the  State  issues  his  warrant.  It  seems 
that  the  Ordinance  should  be  corrected,  by  striking  out,  after  the  word 
"Act,"  in  the  eleventh  line,  • 

Mr.  McCLURE.  I  beg  leave  to  interrupt  the  gentleman,  to  say,  that 
the  Ordinance  provides  that  upon  the  issue  of  the  Auditor's  warrant,  the 
Treasurer  shall  issue  another  w^arrant,  payable  as  further  provided.  I 
would  state  that  that  portion  of  the  law  was  drawn  by  the  Treasurer  him- 
self; and  if  he  does  not  know  how  we  are  to  get  money  from  the  State, 
he  does  not  understand  his  business.    I  presume  he  does. 

Mr.  HroDS.  All  the  matter  embraced  in  the  eleventh  line,  after  the 
word  "  Act,"  and  to  the  word  "  payable,"  may,  in  my  opinion,  be  just  as 
well  dispensed  with.  Or,  if  the  gentleman  desires  to  have  it  there,  let  us 
say  certificate,"  instead  of  ''warrant."  The  Auditor  is  the  party  issuing 
the  warranty  and  the  Treasurer  issues  a  certificate.  The  term  employed  is 
not  the  proper  one.  We  should  certainly  know  what  is  the  proper  one, 
if  the  Treasurer  does  not. 

I  move  to  strike  out,  after  the  words  "  the  Treasurer  will  issue  his,"  the 
word  "warrant,"  and  to  insert,  instead  thereof,  the  word  "certificate." 

The  question  was  taken ;  and  the  amendment  was  agreed  to. 

The  question  was  then  taken  on  the  passage  of  the  Ordinance  as 
amended;  and  it  was  decided  in  the  affirmative, — Yeas  53,  ISTays  12,  as 
follows: 

Yeas  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Gorbell,  Dale, 
Evans,  Exon,  Gray  of  Jefferson,  Grey  of  PhiUips,  Harrison,  Hatfield,  Hawkins, 
Hinds,  Hinkle,  Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Houghton, 
Hutchinson,  Kyle,  Langley,  Mallory,  Mason,  Merrick,  Misner,  Millsaps,  Mont- 
gomery, Murphy,  McClure,  Oliver,  Poole,  Portis,  Priddy,  Puntney,  Eawlings, 
Eector,  Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  Van 
Hook,  Wilson,  White,  Williams,  Wyatt,  and  the  President— 53. 

Nays  :  Messrs.  Duvall,  Gantt,  Hicks,  Hoge,  Matthews,  Moore,  Norman,  Owen, 
Reynolds,  Shoppach,  Walker,  and  Wright — 12. 
(  314  ) 


Jan.  24th.]  AEKAXSAS  COXSTITrTIOXAL  COXTEXTIOX.  [15th  Day. 


Adjournment, — KYLE. 


So  the  Ordinance,  as  amended,  was  passed. 

Mr.  McCLURE.'  In  order  to  determine  definitely  the  action  of  the  Con- 
vention on  this  subject,  I  move  to  reconsider  the  vote  by  which  tlie  Ordi- 
nance has  just  been  passed. 

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order.  Eule  XVni 
forbids  the  taking  of  the  question  upon  a  motion  for  reconsideration,  on 
the  same  day  with  the  vote  which  it  is  proposed  to  reconsider,  unless 
unanimous  consent  shall  be  given. 

Mr.  REYNOLDS.  I  object. 

Mr.  BROOKS.  The  object  of  the  gentleman  from  Arkansas  [Mr. 
McClure]  is,  to  lock-stop  any  further  opposition  in  this  matter.  .  I  there- 
fore move  the  suspension  of  the  rules,  in  order  to  a  reconsideration  of 
the  vote. 

The  C[uestion  was  taken:  and  the  motion  was  agreed  to. 

Mr.  McCLITRE  then  renewed  his  motion  for  the  reconsideration  of  the 
vote  whereby  the  Ordinance  was  passed. 

Mr.  BROOKS  moved  that  the  motion  for  reconsideration  lie  upon  the 
table. 

The  question  was  taken;  and  the  motion  was  agreed  to. 

ADJOURXMEXT. 

Mr.  BR  ASHE  AR  moved  that  the  Convention  adjourn. 

Mr.  KITEE  moved  to  amend  the  motion,  so  that  the  Convention  ad- 
journ until  two  o'clock,  p.m. 

The  PRESLDEXT.  The  motion  is  not  the  subject  of  amendment.  The 
only  way  in  which  the  gentleman  can  reach  his  object,  will  be  to  procure 
the  defeat  of  the  motion  for  adjournment,  and  then  to  move  that  when 
the  Convention  adjourn  it  be  to  a  certa''^i  hour. 

Mr.  KYLE.  I  ask  leave  to  say  that  I  desire  the  question  of  salary  to  be 
settled.  I  do  not  wish  to  take  the  time  Avhich  should  be  devoted  to  the 
regular  business  of  the  Convention,  in  the  forenoon,  to  attend  to  that 
matter. 

The  PRESLDEXT.  The  motion  to  adjourn  is  not  the  subject  of  re- 
marks. 

The  question  was  then  taken ;  and  the  motion  was  agreed  to ; 
And  thereupon,  at  12.30,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Saturday,  January  25th. 


(  315  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Saturday, 


Appointment  of  Special  Committees — Pay  of  Members  and  Officers. 


SIXTEENTH  DAY. 

Saturday,  January  25th,  1868, 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called,  and  the  following  members  answered  to  their  names  : 

Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Cypert, 
Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips,  Harri- 
son, Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis,  Hodges  of  Crittenden, 
Hodges  of  Pulaski,  Hoge,  Houghton,  Hutchinson,  Kyle,  Langley,  Mallory, 
Mason,  Matthews,  Merrick,  Misner,  Millsaps,  Murphy,  McCown,  McClure, 
Moore,  I^orman,  Oliver,  Owen,  Poole,  Portis,  Priddy,  Puntney,  Eawliugs,  Eec- 
tor,  Eeynolds,  Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Shoppach,  Sims, 
Smith,  Snyder,  Yan  Hook,  Walker,  Wilson,  White,  Williams,  Wright,  Wyatt, 
and  the  President. 

Sick  :  Messrs.  Bradley,  Johnson,  and  Montgomery. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names: 

The  Journal  of  the  preceding  day  was  i?ead  and  approved. 

APPOINTMENT  OF  SPECIAL  COMMITTEES. 

The  PEESIDEi^T  announced  the  following  Committees :  On  memorial- 
izing Congress  for  an  appropriation  for  the  improvement  of  Ouachita 
River :  Messrs.  Portis,  Hollis,  and  Yan  Hook  : 

To  draft  memorial  to  Congress  for  the  continuance  of  the  Freedmen's 
Bureau :  Messrs.  Scott,  Corbell,  Dale,  Hatfield,  Sams,  Langley,  and 
Williams. 

pay  of  members  -^nl>  officers — again. 

'No  petitions  being  presented. 

And  reports  of  committees  being  in  order: 

Mr.  Hli^DS,  from  the  Committee  on  Memorials  and  Ordinances,  re- 
ported the  following  Ordinance  : 

AN  ORDINANCE  PROVIDING  FOR  THE  PER  DIEM  AND  MILEAGE  OF  THE  MEM- 
BERS, AND  THE  PER  DIEM  OF  THE  OFFICERS,  OF  THE  CONSTITUTIONAL 
CONVENTION  OF  THE  STATE  OF  ARKANSAS.  | 

Be  it  Ordained  by  the  people  of  the  State  of  Arkansas  in  Constitutional  Con- 
vention assembled : 

First,  That  the  compensation  of  the  members  of  this  Convention  shall  be 
(  316  ) 


Jan.  25tli,]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [16tli  Day. 


Par  of  3Iembers  and  Officers.— HOGE—DUTALL—HIXKLE—BEOOKS. 


eight  dollars  per  diem  during  the  actual  sitting  of  the  Convention,  and  the 
same  amount  per  diem  for  each  day's  travel  in  coming  to  and  returning  from 
the  said  Convention,  estimating  thirty  miles  to  be  a  day's  travel,  and  com- 
puting the  same  by  the  nearest  and  most  practicable  route  furnishing  public 
transportation.  Also,  mileage  each  way,  at  the  rate  of  twenty  cents  per  mile, 
by  the  same  route  : 

Second,  The  compensation  of  the  Chaplain  shall  be  eight  dollars  per  diem, 
with  the  same  mileage  as  allowed  to  members : 

Third.  The  compensation  of  the  Secretary  shall  be  twelve  dollars  per  diem: 
that  of  the  Assistant  Secretaries,  Sergeant-at-Arms,  Assistant  Sergeant-at- 
Arms.  Doorkeeper,  Assistant  Doorkeepers,  and  Postmaster,  eight  dollars  per 
diem,  and  that  of  the  Pages,  three  dollars  per  diem : 

Fourth.  The  compensation  of  the  President  shall  be  double  that  received  by 
the  members,  with  the  same  mileage  as  allowed  to  them. 

(Signed)  James  Hinds, 

25tli  January,  1868.  Chairman  of  Committee. 

The  Ordinance  was  read  a  first  time. 

Mr.  HOGE.  I  intend  to  vote  against  that  Ordinance;  and  lest  tliere 
may  be  some  misconception  of  my  motives  in  so  doing,  I  would  like  to 
explain  my  vote.  I  must  vote  against  any  compensation  to  the  Conven- 
tion, from  the  fact  that  only  about  nine-tenths  of  the  property  which  we 
propose  to  tax  is  represented  upon  this  floor.  I  desire  that  this  explana- 
tion shall  go  upon  the  Journals. 

Mr,  DUVALL.  I  would  vote  for  the  substitute,  in  lieu  of  the  original 
Ordinance,  with  the  exception  of  one  feature, — the  mileage  by  the  '-route 
furnishing  public  transportation."'  I  have  to  repeat  my  former  expression 
of  opinion  against  that  measure.  I  could  vote  for  the  substitute  in  lieu  of 
the  other  Ordinance  ;  but  I  cannot  vote  in  favor  of  that  portion  of  it. 

Mr.  HIXKLE.  I  shall  vote  for  the  substitute,  because  I  think  it  just 
and  ecjuitable. 

After  some  inquiry,  from  Messrs.  Cypert  and  Brooks,  as  to  the  par- 
liamentary aspect  of  the  question  before  the  Convention, 

The  PEESLDEXT  decided  the  substitute  to  be  in  the  nature  of  an 
original  ordinance,  and  that,  as  such,  it  was  upon  its  first  reading. 

Mr.  BROOKS  moved  that  the  rules  be  suspended,  and  that  the  Ordi- 
nance be  read  a  second  and  third  time,  and  put  upon  its  final  passage. 

The  question  was  taken  :  and  the  motion  was  agreed  to. 
So  the  Ordinance  was  read  a  second  and  third  time ;  and. 
The  question  being  upon  the  final  passage  of  the  Ordinance,  as  reported 
by  the  Committee, 

(  317  ) 


1868.] 


DEBATES  AI^D  PEOCEEDINGS  OF  THE 


Memorial  for  Amendment  of  the  Bankrupt  Law. 


[Saturday, 


The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
49,  IN'ays  13,  as  follows  : 

Yeas  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,_  Corbell, 
Dale,  Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle, 
HoUis,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Houghton,  Hutchinson,  Kyle, 
Langley,  Mallory,  Mason,  Matthews,  Merrick,  Misner,  Millsaps,  Murphy,  Mc- 
Cown,  McClure,  Oliver,  Poole,  Portis,  Priddy,  Puntney,  Eector,  Eawlings, 
Sams,  Samuels,  Sarber,  Scott,  Sims,  Snyder,  Yan  Hook,  Wilson,  White,  Wil- 
liams, Wyatt,  and  the  President — 49. 

N"ays:  Messrs.  Cypert,  Duvall,  Evans,  Exon,  Gantt,  Hicks,  Hoge,  Moore, 
Norman,  Owen,  Keynolds,  Shoppach,  and  Wright — 13. 

So  the  Ordinance  Avas  passed. 
Pending  the  call  of  the  roll, 

Mr.  EVANS  (when  his  name  was  called)  said :  I  do  not  think  we  have 
a  right  to  vote  ourselves  mileage  twice,  and  therefore  I  shall  vote  against 
the  Ordinance. 

Before  the  vote  was  announced, 

Mr.  BEASLEY  said :  I  voted  for  this  measure,  from  the  simple  fact 
that  I  thought  that  under  all  the  circumstances  it  was  best  to  do  it.  I  wish 
it  distinctly  understood, by  all  this  Convention,  however,  that  notwithstand- 
ing that  I  have  voted  for  the  Ordinance,  it  contains  two  or  three  items 
against  which  I  solemnly  protest.  One  was,  the  payment  of  mileage 
twice.  Another,  the  number  of  officers, — -believing,  as  I  do,  that  some  are 
superfluous.  Especially  do  I  object  to  allowing  the  minor  officers  the 
same  pay  as  members.  I  voted  Aye;  and  with  that  explanation,  I  shall 
let  the  vote  stand. 

The  vote  was  then  announced  as  above. 

Mr.  BROOKS  moved  to  reconsider  the  vote  by  which  the  Ordinance 
was  passed,  and  to  lay  upon  the  table  the  motion  to  reconsider. 
The  question  was  taken ;  and  the  motion  was  agreed  to. 

• 

MEMORIAL  FOR  AMENDMENT  OP  THE  BANKRUPT  LAW. 

Mr.  HEtSTDS,  from  the  Committee  on  Memorials  and  Ordinances,  re- 
ported the  following 

MEMORIAL  TO  CONGRESS,  ASKINa  FOR  THE  AMENDMENT  OF  THE 

BANKRUPT  LAWS. 

To  the  Honorable  the  Senate  and  House  of  Eepreseyitatives  of  the  United  States, 
in  Congress  assembled  : 
The  Constitutional  Convention  of  the  State  of  Arkansas  would  respectfully 
represeot,  that  there  arealarge  number  of  citizens  of  the  State  who  are  unable 
to  avail  themselves  of  the  benefits  of  the  'general  Bankrupt  Act,'  for  the 
(  318  ) 


Jan.  25th.]  AEKAJ^SAS  COXSTITUTIOXAL  COXYENTIOX.  [16tli  Daj. 


Messenger  to  District  Headquarters.— BKOOKS—CYPEET. 


reason  of  the  expenses  attendant  on  obtaining  the  same.  Your  memorialists 
would,  therefore,  ask  that  the  general  Bankrupt  Law  be  so  amended  as  to 
provide,  in  cases  where  there  are  no  assets,  that  the  person  desiring  to  avail 
himself  of  the  benefits  thereof,  may  go  before  the  clerk  or  other  proper  officer, 
and,  having  rendered  his  schedule,  be  relieved  from  all  debts  and  liabilities 
without  further  cost  or  expenses. 

(Signed)  James  Hinds, 

Chairman  of  Committee. 

Mr.  BEOOKS  moved  that  the  Eeport  be  laid  upon  the  table,  that  one 
hundred  copies  be  printed  for  the  nse  of  the  members  of  the  Convention, 
and  that  it  be  made  the  special  order  of  the  day  for  Tuesday,  January  28th. 

Mr.  CY^PEET.  I  see  no  necessity,  whatever,  for  laying  the  Eeport  upon 
the  table  and  making  it  a  special  order.  The  printing  of  these  occasional 
papers  causes  a  great  deal  of  expense.  I  want  to  take  up  the  Eeport  and 
dispose  of  it  at  once.  I  do  not  wish  to  accumulate  such  an  amount  of 
printing.  The  Eeport  is  a  very  short  one,  and  I  suppose  there  is  no  gen- 
tleman upon  this  floor  who  does  not  understand  it,  or  who  cannot  vote  upon 
it  as  intelligently,  now,  as  he  ever  can. 

The  Cjuestion  was  taken ;  and  the  motion  was  not  agreed  to. 

Mr.  BEOOKS  moved  that  the  Eeport  be  adopted. 
The  question  was  taken;  and  the  motion  was  agreed  to. 

MESSEXQER  TO  DISTRICT  HEADQUARTERS. 

Mr.  BEOOKS  presented  the  following  resolution  : 

Resolved :  That  the  Honorable  Asa  Hodges,  of  Crittenden  County,  be,  and  is 
hereby,  appointed  a  messenger  of  this  Convention,  with  instructions  to  proceed 
to  Headquarters  of  the  Commander  of  the  Fourth  Military  District,  for  the 
purpose  of  laying  before  the  General  commanding,  the  account  of  expenses 
incurred  by  this  Convention  : 

Second^  That  the  President  and  Secretary  are  hereby  instructed  to  furnish 
to  said  messenger  certified  copies  of  all  ordinances,  estimates,  resolutions,  or 
other  documents  necessary  to  the  discharge  of  the  duties  of  the  position  : 

Third,  That  our  messenger  be  directed  to  receive,  if  possible,  the  approval 
of  said  accounts,  by  the  commanding  General,  and  an  order  for  their  payment 
by  the  State  Treasurer  ;  and  that  he  report  to  the  President  of  this  Conven- 
tion by  telegraph  : 

Fourth,  That  the  President  and  Secretary  be  directed  to  furnish  the  neces- 
sary credentials. 

Mr.  CYPEET  moved  to  strike  out  the  name  of  Asa  HoDaES,  and  to  in- 
sert, instead  thereof,  the  name  of  Mr.  Beasley. 

The  question  was  taken;  and  the  motion  was  not  agreed  to. 

(  319  ) 


1868.] 


DEBATES  AISTD  PEOCEEDINGS  OF  THE  [Saturday, 


Finances  of  the  State — Ashley  County  Election. 


Mr.  GAi^TT  moved  to  strike  out  the  name  of  Asa  Hodges,  and  to  in- 
sert, instead  tliereof,  the  name  of  Henry  Page,  Treasurer  of  the  State  of 
Arkansas. 

Mr.  BROOKS.  I  would  suggest  that  we  have  no  jurisdiction  over 
Colonel  Page. 

The  question  was  taken ;  and  the  amendment  was  not  agreed  to. 
The  question  was  then  taken  on  the  adoption  of  the  resolution ;  and  the 
resolution  was  adopted, 

FINANCES  OF  THE  STATE. 

Mr,  BROOKS  offered  the  following  resolution : 

Resolved:  That  the  Committee  on  Finance  be  instructed  to  ascertain  and 
report  the  amount  of  the  present  indebtedness  of  this  State: 

Second^  "Where  and  by  whom  the  notes,  bonds,  or  other  promises  to  pay,  are 
held,  and  what  interest  they  bear: 

Thirds  What  is  the  present  market  value  of  our  State  Bonds  : 

Fourth^  For  what  purpose  these  obligations  were  created,  and  what  dispo- 
sition has  been  made  of  the  funds  thus  obtained  : 

Fifths  The  present  assets  at  command,  with  which  to  liquidate  such  claims  : 

Sixth,  What  general  financial  scheme  has  been  devised  and  put  in  operation 
for  the  purpose  of  meeting  said  claims  and  maintaining  the  public  credit: 

Seve7ith,  The  present  condition  of  the  School  Fund  of  the  State;  together  with 
any  other  information  elicited  resj^ecting  the  financial  condition  of  the  State, 
that  may  be  deemed  of  value  to  the  Convention  and  the  people. 

Mr.  McCLURE,  I  would  suggest  that  the  Committee  on  Finance  be 
clothed  with  authority  to  send  for  persons  and  papers, 
Mr.  BROOKS,  I  accept  the  amendment. 

The  question  was  taken  on  the  resolution  as  amended ;  and  the  resolu- 
tion was  adopted. 

ASHLEY  COUNTY  ELECTION — AGAIN. 

No  resolutions,  motions,  or  notices,  being  presented,  and  the  considera- 
tion of 

Unfiinished  business  being  in  order. 

The  PRESIDENT  announced,  as  the  unfinished  business  before  the 
Convention,  the  consideration  of  the  Report  of  the  Committee  on  Elec- 
tions, upon  the  election  in  Ashley  County. 

Mr.  HINDS  moved  that  the  Report  of  the  majority  of  the  Committee 
be  adopted, 

Mr.  NORMAN.  I  shall  say  nothing  in  support  of  the  able  and  conclu- 
(  320  ) 


Jan.  25th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [16th  Day. 


Ashley  County  Election.— ^sOEMAiS^. 


sive  arguments  of  the  Minority  Eeport,  but  simply  touching  the  powers  of 
this  Convention. 

Mr.  President,  I  desire  to  protest  iu  the  most  emphatic  manner  against 
that  portion  of  the  Eeport  of  the  Committee  that  reflects  so  unjustly  npon 
the  people  of  my  County.  AVith  all  due  deference  to  Mr.  Gaxtt,  of  the 
Committee,  I  must  say  that  the  EejDort  does  the  people  of  Ashley  County 
the  grossest  injustice.  I  believe  I  can  confidently  say,  that  they  are  as 
obedient  to  the  laws,  as  loyal  (if  that  suits  best),  as  the  constituency  of  any 
member  upon  this  floor.  AVe  have  all  heard  it  said,  "Give  a  dog  a  bad 
name,  and  hang  him."'"  So  it  is  v^'ith  Ashley;  she  is,  without  just  cause, 
in  bad  repute  with  certain  parties  in  these  quarters,  and  it  will  be  diflicult 
to  secure  for  her  that  impartial  consideration  which  counties  and  people, 
who  are  not  in  such  bad  odor,  are  accustomed  and  entitled  to  receive. 
That  there  have  been  acts  committed  in  our  County,  not  chargeable  to  our 
people,  and  which  they  most  deeply  deplore,  is  most  true.  That  there 
have  been  some  acts  committed  by  citizens  thereof,  that  could  not  be 
justified,  is  also  true.  But,  sir,  I  can  say,  if  they  have  done  Avrong,  they 
have  been  most  grievously  and  wantonly  provoked.  Sir,  when  our  late 
great  war  closed,  the  people  of  Ashley  County  were  among  the  first  to 
assemble  in  convention  and  renew  tlieir  allegiance  to  the  Union;  and  de- 
puted my  colleague  and  myself  to  make  our  politest  bow  to  his  Excellency 
Governor  Murphy,  and  ask  to  be  admitted  into  the  amiable  family  of  his 
reconstructed  counties.  The  Governor  and  his  ofiicers  (the  honorable 
Secretary  of  State  among  them)  received  us  with  open  arms.  They  were 
glad  to  see  us,  for  two  reasons.  First,  because  they  rejoiced  to  witness 
symptoms  of  our  returning  repentance;  and  because,  secondly  fas  they 
assured  us),  the  extreme  men  in  Congress  were  anxious  to  bave  Arkansas 
put  into  a  Territorial  condition,  which  they  thought  could  be  avoided  by 
the  prompt  acquiescence  of  the  people  of  the  State  in  the  present  State 
Government.  Sir,  from  that  day  to  this  moment,  the  people  of  Ashley 
County,  in  despite  of  many  petty  annoyances,  and  sundry  outrages, 
which  if  collected  would  fill  a  volume,  that  have  been  infiicted  upon  them 
by  officers  of  our  once  revered  Government,  have  endeavored  to  live 
soberly,  quietly,  decently,  before  God  and  their  country,  faithful  citizens. 
These  things  have  never  reached  the  ears  of  tliose  who  ought  to  protect 
us ;  whilst  whenever  the  few  who  were  not  willing  to  lick  the  hand  that 
smote  them,  imprudently,  possibly,  kicked  against  the  pricks,  their  acts 
were  grossly  exaggerated,  their  motives  misunderstood,  their  conduct  tra- 
duced. Sir,  I  say  now,  with  the  utmost  truth,  that  a  gentleman,  as  long 
as  he  remains  such,  be  he  white  or  be  he  black,  will  be  as  kindly  and 
respectfully  treated  in  Ashley  County  as  in  Pulaski,  or  Phillips,  or  any 
other  county  in  the  State  of  Arkansas. 

But  to  come  now  more  directly  to  this  late  election,  which  has  re- 

21  (  321  ) 


1868.] 


DEBATES  AND  PEOCEBDINGS  OF  THE  [Saturday, 


Ashley  County  Election.— NOEMAN. 


ceived  such  severe  animadversions  from  the  majority  of  the  Committee. 
Sir,  if  the  gentlemen  composing  that  Committee  have  come  to  just  and 
correct  conclusions  therein,  then  there  are  some  most  remarkable  and 
significant  facts,  connected  therewith,  to  which  I  desire  to  call  the  special 
attention  of  this  country  and  this  Convention. 

jP/r5^.  -  The  only  witnesses  who  have  been  examined  before  this  Investi- 
gating Committee,  were  the  Registrars,  who  conducted  that  election,  and 
a  late  Agent  of  the  Bureau,  all  of  whom  have  been  in  this  city  for  fifty  or 
sixty  days  since  the  election, — who  could  have  had  hourly  and  daily  access 
(if  they  desired  it)  to  the  General  commanding  this  District,  and  to  whom, 
by  the  wonderful  powers  of  the  telegraph,  even  the  ears  of  the  Department 
Commander  could  have  been  every  moment  open.  Yet  this  Committee 
alone  have  discovered  the  violences^  the  frauds^  the  outrages^  which  they 
desire  to  record  as  a  perpetual  memorial  against  my  people.  Either  Gen- 
erals Ord  and  Smith  are  singularly  stupid,  or  vilely  corrupt,  or  else  this 
Committee  have  found  a  mare's  nest! 

Secondly.  It  was  in  proof,  before  this  very  Committee,  that  all  the  evi- 
dence before  them  had  been  submitted  to  the  Generals  commanding  this 
District  and  this  Department;  and  that  they  regarded  it  as  utterly  futile  and 
worthless,  their  late  orders  conclusively  show.  In  fact,  it  is  remarkable 
that  the  only  evidence  offered,  discovered  by  the  Commanding  General, 
was  that  against  us,  and  not  by  us  or  our  friends. 

It  is  again  true,  that  a  much  larger  proportion  of  negroes  voted  than  of 
whites.  They  polled  pretty  well  their  entire  strength ;  whilst  the  white 
vote  fell  off  two  or  three  hundred.  In  fact,  sir,  the  whites  were  wholly 
indifferent  until  the  last  day's  election;  and  then  only  took  an  active  part 
at  one  precinct.  Sir,  if  the  truth  could  be  unfolded,  the  frauds  and  in- 
timidations, almost  altogether,  were  on  the  other  side.  It  is  capable  of 
the  amplest  proof  that,  at  the  close  of  the  election,  deluded  negroes  with 
bridles  in  hand,  came  to  our  town  in  search  of  the  mules  which  had  been 
promised  them  (as  they  alleged)  by  the  candidates  opposed  to  us,  as  rich 
Government  donations  for  loyal  voting.  But  like  the  illustrious  Japhet 
in  search  of  a  father,  their  labors  have  hitherto  proved  fruitless.  More- 
over, sir,  in  the  mysterious  vocabulary  of  the  League,  they  were  assured 
that  if  they  did  not  vote  for  a  convention,  "night  had  no  eyes,"  and  that 
they  would  be  spotted  for  vengeance.  Sir,  it  gives  me  no  pleasure  to 
allude  to  these  things ;  but  I  should  be  false  to  the  people  I  represent,  if 
I  did  not  attempt,  by  the  pencil  of  truth,  to  erase  or  relieve  some  of  the 
dark  tints  and  shades  which  the  Committee  have  given  to  these  matters. 

One  other  point,  sir,  and  I  have  done.    The  Committee  failed  to  ex- 
culpate my  colleague  and  myself  from  participation  in  the  frauds  and  in- 
timidations alleged  to  have  been  perpetrated  in  our  election.    I  can  say 
that  I  am  as  innocent  of  any  wrong  in  that  matter  as  it  is  possible  for 
(  322  ) 


Jan.  25th.]  ARKANSAS  COlSrSTITUTIONAL  CONYEJSTTIO^s^.  [16tli  Day. 


Ashley  County  Election.— HODGES  of  Pulaski— WILSON— SAKBEE—CYPEET. 


mortal  man  to  be.  I  did  not  seek  this  position ;  it  was  thrust  upon  me. 
I  took  no  part  in  the  election.  The  people  of  my  County,  against  my  ex- 
pressed wishes  and  desires,  elected  me  a  delegate  to  this  Convention;  and 
in  obedience  thereto,  and  to  the  mandates  of  the  Commanding  General,  I 
am  here  to-day.  I  came,  entertaining  no  feelings  of  bitterness  or  hos- 
tility to  any  man  on  account  of  political  differences,  but  simply,  in  accord- 
ance with  my  sincere  convictions,  to  do  my  duty  to  my  constituents,  myself, 
my  County,  and  posterity.  Whilst  I,  together  with  my  constituency,  am 
unalterably  opposed  to  incorporating  negro  suffrage  in  our  fundamental 
law,  yet  I  and  they  are  willing  to  allow  to  all  the  fullest  protection  for  life, 
liberty,  and  property.  We  are  desirous  that  all,  of  every  race  and  of 
every  color,  should  participate  in  the  blessings  of  a  Republican  Govern- 
ment. God  grant  that  the  day  may  be  not  distant  when  all  these  petty 
criminations  and  recriminations  may  be  ^'in  the  deep  bosom  of  the  ocean 
buried,"  and  that  our  great  and  glorious  America,  from  the  Aroostook  to 
the  Eio  Grande,  from  the  distant  Pacific  to  the  stormy  Atlantic,  with  a 
free,  united,  and  happy  people,  may  start  anew  on  her  grand  career  of 
prosperity  and  universal  empire. 

Mr.  HODGES,  of  Pulaski.  In  order  that  we  may  understand  our  vote, 
I  move,  as  a  substitute  for  the  motion  to  adopt  the  Report,  that  it  be 
printed,  with  the  testimony,  and  made  the  special  order  of  the  day  for 
next  Tuesday  [Jan.  28th.] 

Mr.  WILSOK  If  in  order,  I  move,  as  an  amendment,  to  lay  the  whole 
matter  upon  the  table,  and  make  it  the  special  order  of  the  day  for  the 
Fourth  of  July. 

Mr.  SARBER.  I  move  that  the  amendment  of  the  gentleman  from 
Union  [Mr.  Wilson]  be  rejected. 

Mr.  CYPERT.  I  rise  to  inquire  the  condition  of  the  question,  before 
the  Convention.  The  first  motion  was  for  the  adoption  of  the  Minority 
Report.  '  That  motion  stood  over,  and  was  made  the  order  for  to-day. 
^ow  there  comes  up  another  motion,  by  way  of  substitute,  to  adopt  the 
Majority  Report.  Then  follow  two  or  three  amendments.  I  desire  to 
know  in  what  position  the  question  stands.  ^ 

The  PRESIDEOT.  The  question  is  upon  the  motion  of  the  gentleman 
from  Johnson  [Mr.  Sarber.] 

The  question  was  taken;  and  the  motion  to  reject  was  agreed  to. 

Mr.  SARBER.  I  think,  as  the  gentleman  [Mr.  ^n'oriMan]  has  called  this 
matter  up  before  the  Convention,  it  should  be  placed  before  the  people. 
He  claims  that  we  have  reflected  upon  his  action,  and  that  of  his  col- 
league, in  the  late  election.  The  gentleman  is  mistaken.  I  will  state 
that  there  was  no  evidence,  before  the  Committee,  tending  in  any  manner 

(  323  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Saturday, 


Ashley  County  Election.— SAEBEE—CTPEKT— MOORE. 


to  charge  the  gentleman  with  participation  in  any  lawlessness  or  disorder 
connected  with  the  election.  But  I  will  say,  and  the  evidence  will  bear 
me  out  in  the  statement,  that  the  testimony  showed  a  most  reprehensible 
state  of  affairs.  It  shows  that  registered  colored  voters  were  driven  away 
from  the  polls;  that  they  were  intimidated,  and  threatened  that  they  would 
be  killed  and  left  in  the  swamps,  if  they  voted  for  a  convention.  It  shows 
that  white  men  declared  that  they  would  not  go  to  the  polls  to  vote,  that 
da}^,  for  what  they  were  worth. 

As  to  the  character  of  the  testimony  brought  before  us, — we  did  take 
the  testimony  of  the  Eegistrars,  because  it  was  available.  We  took,  also, 
that  of  the  Agent  of  the  Freedmen's  Bureau,  who  is  a  resident  of  Little 
Rock,  or  was  staying  here.  Furthermore,  we  notified  Messrs.  E'orman 
and  Moore,  that  if  they  had  any  to  produce,  they  should  bring  it  in. 
They  replied  that  they  had  none.  We  afforded  them  every  opportunity 
of  introducing  rebutting  evidence.  It  is  true,  they  asked  for  the  names  of 
some  white  men,  who  had  been  mentioned  as  being  afraid  to  go  to  the 
polls;  but  the  witnesses  were  unwilling  to  give  the  names,  and  the  Com- 
mittee did  not  think  it  expedient  to  cgmpel  them  to  do  so,  since  the 
testimony  showed  that  in  that  Count}'  the  property  and  lives  of  the  parties 
would  be  endangered,  if  tliey  were  known. 

Mr.  CYPERT.  The  evidence,  going  before  the  world  as  it  now  appears, 
would  be  a  very  extraordinary  batch  of  stuff.  The  witnesses,  I  am 
informed,  directly  refused  to  testify,  until  Messrs.  Norman  and  Moore 
were  expelled  from  the  room.  These  gentlemen  had  no  opportunity  of 
cross-examination.  The  whole  testimony  is  ex  parte.  It  could  not,  under 
such  circumstances,  be  rebutted.  How  could  they  produce  witnesses  to 
rebut  testimony  to  which  they  were  not  permitted  to  listen  ?  It  is  true, 
they  received  information  from  the  Committee ;  but  the  witnesses  had 
refused  to  testify  until  the  gentlemen  whose  case  was  under  consideration 
had  been  driven  from  the  committee-room. 

Mr.  SARBER.  I  will  say  that  these  gentlemen  did  know  the  evidence 
of  these  witnesses ;  for  one  of  the  gentlemen  himself  showed  me  a  written 
statement  of  the  testimony  of  one  of  the  witnesses,  before  the  Committee. 
Furthermore,  the  reason  why  these  men  would  not  testify  before  the 
gentlemen,  was,  their  fear,  not  of  their  own  personal  safety,  but  of  their 
friends  in  the  country,  upon  whose  evidence  they  relied. 

Mr.  MOORE.  I  had  no  thought  of  intruding  myself  upon  this  Conven- 
tion, with  anything  like  an  extended  speech.  Nov  do  I  intend  to  do  so 
now.  I  believe  my  colleague  has  sufficiently  vindicated  my  County. 
But  take  the  Report  of  that  Committee  on  Elections,  and  read  it  in 
connection  with  the  Reconstruction  Laws,  and  every  man  on  this  floor  is 
bound  to  admit  that  the  officers  who  testified  before  the  Committee  wil- 
fully swore  falsely,  and  have  acted  in  dereliction  of  their  duty. 
(  324  ) 


Jan.  25tli.]  AEKANSAS  CO^^STITUTIO^sTAL  CONYENTIOIsr.  [feth  Day. 


Ashle}^  County  Election.— BEOOKS—MOOKE. 


Mr.  BROOKS.  I  rise  to  a  point  of  order.  The  accusations  miglit  "be  iu 
order  before  a  grand  jury;  but  they  are  not  quite  so  here. 

The  PRESIDENT.  The  Chair  will  ask  the  gentleman  to  desist  from  any 
reflections  of  that  kind. 

Mr.  MOORE.  The  Sheriffs  of  the  counties,  by  the  Reconstruction 
Orders,  were  required  to  furnish  a  deputy  to  each  precinct,  that  the 
election  might  be  held  fairly ;  and  the  Registrars  were  clothed  with 
civil  jurisdiction  to  arrest  any  party  interfering  with  the  execution  of  the 
law.  If  these  frauds  were  perpetrated,  and  intimidations  used,  who  is 
responsible?  "Why  were  not  the  parties  arrested?  why  not  brought  to 
the  bar  of  justice,  and  punished,  in  accordance  with  the  Reconstruction 
Acts,  and  the  orders  of  General  Ord  ?  Isot  only  so,  but  the  Sheriff  of  our 
County, — that  County  in  such  exceedingly  bad  repute, — that  Count}^  where 
murder  stalks  abroad, — was  furnished  with  a  body  of  soldiers,  under  the 
command  of  an  officer  of  the  United  States  Army,  to  assist  him  in  pre- 
serving order  and  carrying  out  the  provisions  of  the  law.  And  yet  these 
men  are  not  produced  here  to  prove  any  of  these  alleged  outrages.  If 
these  frauds  were  perpetrated,  if  these  intimidations  were  used,  why  is  not 
this  Lieutenant  brought  here,  who  commanded  that  party  of  soldiers? 
Bring  him  before  the  bar  of  justice,  if  he  stood  by  and  permitted  these 
things  to  take  place — let  him  be  punished  by  a  court-martial.  Is"ot  one 
word  of  remonstrance  proceeded  from  any  of  these  officers,  civil  or  mili- 
tary; nor  did  we  hear  one  word  of  all  these  charges,  until  we  arrived  with 
our  credentials  here.  We  came  in  the  utmost  good  faith.  I  came  here 
as  loyal  as  the  most  loyal ;  I  came  to  obey  the  laws  of  the  land;  and  came 
to  perform  the  duties  required  of  me  in  accordance  Avith  the  wishes  of  the 
people  of  the  County.  I  did  not  come  here  to  force  myself  upon  the  Con- 
vention ;  but  now  that  I  am  come,  I  am  here  to  do  my  duty.  I  am  tired 
of  hearing  my  County  aspersed.  There  have  been  no  murders  com- 
mitted ;  no  man  has  been  tried  by  military  commission.  And  I  say,  sir, 
that  no  man,  be  he  old  or  young,  white  or  black,  I  care  not  where  he 
comes  from — he  may  be  from  Massachusetts  or  from  Europe, — who  de- 
mands justice  from  the  courts  of  our  County,  but  will  have  it  meted  out 
to  him  amply.  But  alas  !  there  are  many  who  when  they  do  get  justice, 
get  what  they  don't  want !  Compare  the  number  of  the  convicts  from 
thfit  County  with  that  of  the  convicts  of  "  loyal "  Phillips;  and  what  is 
the  result  of  the  comparison  ?  I  say,  sir,  men  can  get  justice  in  Ashley 
County.  I  say  I  have  stood  up,  iu  its  court-house,  and  defended  the 
colored  race,  with  all  the  ability  I  possessed,  without  hope  of  fee  or  re- 
^  ward.  I  would  do  it  again.  I  hold  that  they  should  have  justice  under 
the  law.  I  hold  that  they  are  not  entitled,  under  any  law  of  the  United 
States,  to  the  privilege  of  suffrage.  I  hold  that  they  are  not  citizens, 
under  the  Constitution  under  which  we  live,  and  are  not  entitled  to  exer- 

(  325  ) 


1868.] 


DEBATES  AND  PEOCgEDmGS  OF  THE 


[Saturday, 


Ashley  County  Election.— MOOKE. 


cise  rights  which  belong  only  to  citizens.  But  I  am  willing,  and  my  peo- 
ple are  willing,  to  let  them  have  all  that  belongs  to  them,  to  secure  to  them 
justice;  and  I  think  that  to  be  sufficient.  I  do  hope  that  this  report  of 
the  majority  of  the  Committee  will  be  laid  upon  the  table  ;  that  no  asper- 
sion will  be  cast  upon  my  County;  and  that  my  people  will  not  be  re- 
garded in  any  worse  light  than  they  deserve.  I  trust  this  Convention 
will  not  put  a  blot,  a  stain,  upon  the  County  I  represent.  I  hope  they 
will  reflect  that  there  are  at  least  six  hundred  and  four  loyal  men  in  that 
County.  Five  hundred  and  thirty  voted  for  a  Convention.  Of  course 
they  are  loyal.  Are  those  who  voted  against  a  Convention  to  be  con- 
sidered disloyal  ?  I  hope  not.  If  so,  there  are  five  hundred  and  fifty  dis- 
loyal men  in  my  County.  But,  sir,  they  are  not  to  be  regarded  as  dis- 
loyal because  they  so  cast  their  votes.  It  is  merely  a  difference  of  opinion, 
— a  different  way  proposed  for  arriving  at  the  same  result.  We  came 
here  as  Delegates  from  our  County,  in  July,  1865,  desirous  of  reconstruc- 
tion. We  met  the  venerable  Governor  of  our  State.  He  urged  us  to 
organize,  in  the  counties,  because,  he  said,  there  would  be  an  effort 
made,  if  we  did  not  organize,  to  place  us  in  a  Territorial  condition.  Such 
a  result  we  should  greatly  deplore.  We  went  to  work,  earnestly,  to  as- 
sist in  organizing,  with  a  view  to  reconstruction.  I  myself  filled  out  the 
commissions  of  officers  in  my  County.  I  took  upon  myself  the  honorable 
office  of  Justice  of  the  Peace,  that  I  might  swear  in  the  clerk  of  the  Cir- 
cuit Court.  This  I  did  at  the  suggestion  of  our  esteemed  Glovernor,  who 
will  bear  me  out  in  my  assertions.  I  say  I  went  to  work  earnestly,  and 
honestly.  We  have  lived  loyally;  we  have  acted  loyally;  we  are  as  loyal, 
to-day,  to  our  Government,  as  any  people  under  heaven.  We  love  the 
Stars  and  Stripes,  although  we  were  once  estranged  from  them.  We 
came  back  in  the  utmost  good  faith.  We  are  disposed  to  live  in  accord 
and  harmony  with  all  loyal  men.  But  alas !  we  difier  from  some  others 
in  our  views  of  w^hat  is  loyal.  We  hold  that  to  live  in  accordance  with 
the  Constitution  of  the  United  States,  is  loyal ;  to  violate  that  sacred  in- 
strument, which  embodies  those  principles  of  liberty  and  law  for  which 
Washington  fought,  for  which  freemen  died,  we  hold  to  be  disloyal.  We 
hope  gentlemen  will  meet  us  in  the  same  spirit  in  which  we  come  here, 
and  that  we  may,  in  all  sincerity  and  earnestness,  unite  in  a  common 
effort  to  secure  the  best  interests  of  the  State.  If  we  will,  we  shall  dis- 
charge our  duties,  we  shall  frame  a  Constitution  of  which  we  shall  not  be 
ashamed  when  we  grow  old,  one  that  our  children  shall  not  be  ashamed 
of  when  w^e  are  gone.  Then  we  can  go  back  to  our  families  with  a  good 
conscience.  If  we  will  all  act  in  this  spirit,  there  will  be  no  more  of  this 
bickering,  no  more  of  these  thrusts,  at  this  side  of  the  house,  of  the  charge 
of  disloyalty,  so  long  as  we  continue  to  live  up  to  the  very  letter  of  the 


(  326  ) 


Jan.  25th.]  AUKXNSAS  COXSTITUTIOXAL  CONYEXTIO^".  [16th  Day. 


Ashley  County  Election.— WILSON— BEOOKS. 


Constitution,  and  do  no  act  that  is  not  in  accordance  with  it — and  of  that 
we  claim  as  full  right  as  others,  to  judge. 

Mr.  Yr^ILSOX.  I  feel  it  due  that  I  should  give  my  reasons  for  my  mo- 
tion to  lay  this  matter  upon  the  table.  The  Convention  has  pulled  back- 
ward and  forward.  There  seemed  to  be  a  question,  in  the  minds  of 
members,  as  to  whether  they  ought  to  admit  the  gentlemen,  who  I  thought 
had  the  same  title,  to  be  here,  with  the  rest  of  us.  I  thought  that  to  refer 
the  matter  to  a  Committee' would  probably  close  the  discussion  at  once.  I 
regretted  that  the  Committee  thought  it  necessary  to  inquire  into  all  the 
matters  which  they  reported  back  to  the  Convention. 

I  thought  that  there  was  but  a  single  question  into  which  the  Committee 
had  to  look,  and  that  was,  at  the  Reconstruction  Law,  to  iind  whether 
these  gentlemen  were  competent  to  take  the  oath  of  reconstruction,  and 
so  to  become  voters,  and  be  qualified  to  hold  seats  in  this  body.  It  was 
General  Ord's  province,  as  I  hold,  to  determine  upon  the  legality  of  the 
election.  The  only  question  that  the  Committee  was  required  to  report 
on  to  the  Convention,  was  that  of  these  gentlemen's  title  to  their  seats. 
And  I  was  mortified,  astonished,  and  made  to  blush  with  shame,  when  the 
Majority  Report  came  in — enough  manuscript  to  fill  a  newspaper.  They 
had  gone  clear  out  of  their  province.  They  had  nothing  to  do  with  this 
matter  which  they  went  and  hunted  up.  I  do  not  mean  that  they  intended 
any  wrong.  They  diff'ered,  honestly,  in  their  views,  from  me.  Then 
comes  a  Minority  Report,  as  long  as  the  moral  law,  and  four  times  as  long, 
and  with  a  preamble  on  matters  with  which  they  had  nothing  to  do.  I 
voted  to  lay  the  whole  subject  upon  the  table.  I  wanted,  then,  to  defer 
the  matter  to  the  Fourth  of  July.  You  see  where  these  things  are  running 
to.  There  is  none  of  us  but  could  bring  up  a  whole  host  of  ghost  stories 
to  tell  about,  and  get  up  any  number  of  humbugs,  and  all  this  sort  of 
thing.  [Laughter.]  I  know  there  were  all  kinds  of  lies  told  in  my 
Count}' — there  were  no  lies  that  could  be  got  up,  but  what  were  told. 
[Laughter.]  I  know  these  two  men,  against  whom  no  one  living  can 
bring  any  refiection.  I  would  bring  none;  and  if  I  did,  it  would  only 
recoil  upon  me.  I  know  them  to  be  honorable  men,  who  would  not  be 
involved  in  anything  improper  or  dishonorable.  I  do  think  we  are  travel- 
ling too  far  out  of  the  line  of  our  duty,  to  make  capital  at  home.  We 
have  heard  the  gentlemen's  defence  of  themselves  and  their  county.  I 
think  it  is  time  for  us  to  come  to  good  common  sense.  [Applause.]  Let 
us  do  our  duty,  and  go  home.  I  am  tired  of  our  going  and  hunting  up 
matters  a  hundred  miles  off",  that  have  nothing  to  do  with  the  subject; 
and  I  want  to  defer  them  to  the  Fourth  of  July,  and  if  we  are  bound  to 
talk  about  them  for  capital,  it  will  be  a  good  time  to  take  them  up  then, 
and  have  a  Fourth  of  July  frolic  over  them.  [Laughter  and  applause.] 

Mr.  BROOKS.  I  am  very  much  surprised  that  m}^  patriotic  old  friend 

(  327  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Ashley  County  Election.— BKOOKS. 


would  attempt  that  kind  of  a  raid  on  the  Fourth  of  July.  I  have  more 
reverence  for  the  day,  than  to  defer  such  a  bundle  of  humbugs  as  he 
charges  these  Reports  are,  to  the  anniversary  of  our  independence. 

I  do  not  desire  a  prolonged  discussion.  I  think  there  is  no  such  disposi- 
tion upon  the  part  of  those  who  have  voted  to  support  the  motion  made  on 
this  side,  to  print  these  Reports.  We  did  not  open  any  discussion.  We 
do  not  propose  to  enter  into  any  debate.  And  I  will  say  that  I  have  not 
regarded  the  motion  made  on  this  side  of  the  room,  as  any  reflection, 
whatever,  upon  the  honorable  members  from  Ashley,  personally  or  politi- 
cally. I  do  not  think  it  has  any  such  bearings.  I  am  very  sure  that  I 
have  no  knowledge  of  such  an  intention,  l^or  have  I  heard  any  such 
"flings"  as  have  been  referred  to,  charging  the  other  side  of  the  house, 
with  disloyalty.  I  have  not  heard  the  term  employed,  so  far  as  my  recol- 
lection goes,  in  the  debate  upon  this  floor.  I  was  gratified  on  my  intro- 
duction to  the  gentleman  [Mr.  Moore],  to  perceive  that  he  was  honestly 
desirous  to  enter  into  this  work  of  reconstruction — not,  perhaps  con- 
forming exactly  to  my  ideas,  or  the  ideas  of  either  side  of  the  house,  but 
to  his  own  ideas,  to  which,  of  course,  every  honorable  gentleman  is  en- 
titled. I  think  we  are  not  disposed  to  be  fastidious  in  that  regard.  We 
have  not  charged  disloyalty  upon  men  who  diflfer  with  regard  to  the  details 
of  reconstruction.  We  have  not  charged  it  at  all,  that  I  remember.  We 
reciprocate  the  gentleman's  deprecation  of  strife  and  discord,  and  cuts  and 
flings.  I  think  we  have  not  made  any  at  Ashley  County.  My  friends  on 
this  side  have  not  proposed  to  make  any,  unless  there  be  cuts  in  the  tesii- 
moinj  ;  and  if  so,  we  are  not  to  blame  for  it,  I  am  sure. 

But  I  am  sorry  that  one  deprecating  such  flings  should  himself  become 
the  chief  flinger,  and  attempt  to  institute  a  comparison — comparisons  are 
said  to  be  always  invidious,  I  believe — between  Ashley  County  and  "loyal 
Phillips."  Of  course,  as  respects  the  loyalty  of  Phillips,  that  is  of  a 
character  to  challenge  the  world,  and  to  challenge  the  admiration  of  this 
State,  and  of  the  people  at  large.  I  have  not  examined  the  state  of  things 
as  regards  the  number  of  convicts  from  Phillips  County.  We  have,  doubt- 
less, men  who  vote  right  and  do  not  always  act  right,  and  some  who  do 
not  even  vote  right;  and  I  suppose  there  are  some  men  from  both  Coun- 
ties, in  the  public  boarding-house  across  the  ravine.  But  in  the  first  place, 
Ashley  County  numbers  perhaps  less  than  one-third  the  population  of 
Phillips.  It  has  no  principal  town  or  city  within  its  borders.  It  is  an 
interior  county.  We  have  the  second  city  in  the  State— its  only  town  or 
city  of  any  note  upon  the  Mississippi  River  ;  and  the  presumption  always 
is  that  on  such  great  thoroughfares,  and  in  larger  towns  and  cities,  there 
will  be  aggregated,  from  time  to  time,  more  bad  men  than  are  generally 
found  in  interior  districts.  I  will  simply  say  that  I  am  not  aware  that  the 
tendency  of  loyalty  to  the  United  States  flag  and  Government  philosophic 
(  328  ) 


Jan.  25th.]  AEKANSAS  COIS^STITUTIONAL  CONYENTIOK.  [16th  Day. 


Ashley  County  Election.— BEOOKS—MALLOET. 


cally  tends  to  make  thieves  and  convicts.  If,  however,  that  theory  be 
established,  then  there  is  some  apology,  perhaps,  for  those  who  were 
formerly  true  to  that  flag  and  country,  and  proved  unfaithful  to  them. 

But  it  may  be  that  there  is  an  explanation,  with  regard  to  the  number 
of  convicts  that  we  have  from  "loyal"  Phillips, in  the  State  Penitentiary. 
I  believe  the  last  car-load  came,  very  nicely  made  to  time  and  transported 
here  simultaneously,  or  very  nearly  so,  with  the  proposed  meeting  of  the 
Democratic  State  Convention  in  Little  Rock.  I  do  not  suppose,  Mr.  Presi- 
dent, that  they  were  sent  as  delegates  to  that  Convention.  I  do  suppose, 
however,  that  a  very  remarkable  coincidence  exists, — that  such  a  batch 
of  colored,  and,  consequently,  of  course,  loyal  voters,  should  be  sent  to 
the  State's  Prison  just  at  this  time,  and  that  for  a  small  squad  of  petty 
convicts  should  be  sent  over  here  twenty-two  Democratic  guards  to  pro- 
tect them  on  the  way,  at  the  very  neat  little  expense  of  fifteen  hundred 
dollars  to  the  State  of  Arkansas.  Perhaps  the  Democratic  party  in  Ashley 
County  have  not  grown  so  sharp  as  in  Phillips.  We  have  whetted  them 
up,  over  there;  we  have,  as  the  Yankees  say,  kept  them  to  the  grind- 
stone, ever  since  last  May,  when  we  started  in;  and  they  have  grown  ex- 
ceedingly sharp.  It  is  certainly  very  convenient  to  have  their  mileage 
met;  and  a  very  nice  squad  there  was,  to  take  care  of  a  few  prisoners 
whom  one  man  with  a  revolver  could  have  guarded  without  any  trouble 
whatever ! 

Mr.  MALLORY.  As  a  member  of  the  Committee  on  Elections,  I  wish 
to  ofi'er  a  few  remarks.  I  consider  that  all  committees  are  servants  of  this 
body.  AVhatever  evidence  is  referred  to  a  committee,  is  usually  ex  parte. 
It  is  their  duty  to  report  back  to  this  Convention  what  comes  before  them. 
And  I  will  state  that  as  this  seemed  to  be  an  interesting  case,  I  have  taken 
some  measures  to  inform  myself  upon  the  matter.  I  will  say  that  so  far 
as  the  gentlemen  representing  Ashley  County  on  this  floor  are  concerned, 
they  are  entirely  exonerated  from  any  blame  that  may  be  laid  to  the  door 
of  the  County.  I  desire,  however,  to  submit  a  brief  statement  in  regard, 
to  the  facts  of  the  case.  It  seems  that,  as  in  other  counties,  the  Registrars 
were  separated,  and  that  each  Registrar  held  an  election  in  a  certain  number 
of  towns — three  or  four  each.  We  have  evidence,  before  the  Committee, 
that  in  the  precincts  of  De  Bastrop,  Extra,  and  Egypt,  the  elections  passed 
ofl' fairly;  and  there,  no  complaint  was  made,  on  the  days  of  election.  It 
will  also  be  remembered  that  in  the  order  published  in  regard  to  this 
matter.  Union  Precinct  was  the  only  precinct  named,  and  that  it  was 
stated  that  that  precinct  being  thrown  out,  there  was  still  a  majority  for 
the  candidates  returned.  We  find,  upon  investigation,  that  in  Carter 
Precinct,  also,  of  that  County,  colored  men  were  deterred  from  voting,  by 
threats  of  being  thrown  out  of  their  homes  if  they  voted  "  the  damned 
Radical  ticket."    We  find  that  in  that  Precinct  there  were  about  seventy- 

(  329  ] 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Ashley  County  Election.— MALLORT. 


six  colored,  and  ninety-seven  white  voters.  Men  came  in,  after  the  election 
in  that  Precinct,  and  made  affidavits  to  the  fact  that  they  were  threatened, 
and  deterred  from  voting ;  and  fifteen  men  in  that  Precinct  made  oath 
that  they  were  not  allowed  to  vote.  Two  white  men  were  intimidated  by 
threats  that  if  they  attempted  to  vote,  they  would  be  driven  away  from 
the  polls.  All  said  they  would  have  voted  for  a  convention,  and  for 
Reconstruction  candidates.  It  is  in  evidence  that  a  certain  young  man 
named  Joseph  Bell  went  to  the  Precinct-capital — Hamburg,  I  think, — 
and  told  a  white  man 

"  he  belonged  to  the  Union  League,  and  if  he  thought  he  did  he  would  kill 
him  now.  Again,  on  the  morning  of  election,  said  Bell  went  into  the  store,  and 
told  the  same  man,  if  he  went  to  the  polls  to  vote  he  would  kill  him  there." 

The  witness  said  he  ordered  the  Sheriff,  whose  name  is  Tinor,  to  arrest 
said  Bell;  that  Bell  had  just  opened  the  door  and  left  the  room;  that  the 
Sheriff  went  out,  and  in  a  little  while  returned,  stating  that  he  could  not 
find  Bell. 

"  In  Carter  precinct  eight  colored  men  voted  against  a  convention  and  for 
Moore  and  ^^"orman,  which  was  done  under  threats  that  if  they  voted  for  a 
convention  and  for  Harbison  and  Currie,  they  would  not  receive  any  pay  for 
what  they  had  done  during  the  year,  and  would  also  be  driven  from  their  homes 
without  anything  to  eat.  They  wanted  to  vote  for  both  the  Convention  and 
for  Harbison  and  Currie." 

"  Abner  Files,  Clerk  of  the  County  Court,  turned  Wesley  David  (colored)  out  of 
his  house,  for  voting  the  Convention  ticket.  James  Willis  also  turned  a  colored 
man  out  of  his  house  for  voting  for  a  convention  and  Harbison  and  Currie." 

"  Colored  men  from  all  parts  of  the  County  came  in,  reporting  this  state  of 
facts  to  exist." 

There  were  informalities  in  Portland  Precinct.  One  George  Wash- 
ington, colored,  was  threatened,  by  his  employer,  that  if  he  voted  he  would 
be  turned  out  of  his  house  and  home. 

It  is  also  stated,  in  evidence  before  us,  that  after  the  election,  when  the 
Democratic  victory  was  announced,  ''Soldiers  clothed  as  soldiers  of  the 
United  States,  did  fire  volleys  in  honor  of  the  victory."  [Applause  from 
the  left.] 

At  Hamburg, 

"  Abe,  a  colored  man,  was  assaulted  with  a  bowie-knife,  by  a  man  by  the 
name  of  Herron,  for  voting  for  a  convention.  'Nine  colored  men  came  to  the 
witness,  and  stated  that  they  had  been  driven  from  their  homes  because  they 
had  attempted  to  vote  for  a  convention — eight  of  them  were  registered  voters. 
Parties  notified  them,  as  they  started  to  the  polls,  that  if  they  voted  for  a  con- 
(  330  ) 


Jan.  25th.]  AEKAXSAS  CO^s'STITUTIOXAL  CONYENTIOX.  [16th  Day. 


Ashley  County  Election.— ICALLOEY—WILSOiSr—HIXDS. 


vention  they  Tvould  be  killed  and  left  in  the  swamp.  At  least  three  eases  in 
Carter  Precinct  came  to  me  and  said  they  did  not  vote,  for  fear  of  bodily  injury, 
when,  if  they  had  voted,  they  would  have  voted  for  a  Convention,  and  Harbison 
and  Currie.  This  was  upon  their  oaths,  and  the  next  day  after  the  election  in 
Carter  Precinct.  One  man  was  warned  before  he  voted  that  if  he  voted  he 
would  be  turned  out  of  his  house,  and  be  killed.  After  he  voted,  they  gave  him 
two  hours  to  leave  his  house,  or  he  and  his  family  would  be  burned  in  it. 
This  threat  was  made  by  a  mob  headed  by  James  Willis,  Town  Constable,  and 
others.  I  caused  the  man  to  leave  his  house,  and  camp  on  the  common,  near 
my  office,  all  night,  with  his  family." — 

This  is  the  evidence  of  the  Agent  of  tlie  Freedmen's  Bureau. — 

"  A  white  man  doing  business  in  Hamburg,  told  me  he  would  not  go  across 
the  plaza  to  vote,  for  all  the  debts  that  were  due  him  and  his  stock  of  goods, 
which  amounted  to  $20,000.  I  heard  threats  made  for  weeks  before  the  elec- 
tion, that  the  negroes  should  not  vote  in  Ashley  County;  if  they  did  they 
would  be  exterminated." 

I  merely  wish  to  place  these  facts  before  the  Convention.  I  do  it,  in 
the  capacity  of  a  member  of  the  Committee  on  Elections,  as  a  duty.  I 
have  no  personal  feeling  in  this  matter,  and  submit  these  facts  to  the  Con- 
vention, merely  as  a  member  of  the  Committee. 

Mr.  WILSOX.  I  would  just  remark  that  I  regret  that  the  gentleman 
has  presented  the  summing  up  of  that  evidence ;  for  if  that  practice  should 
be  carried  out,  it  would  break  the  election  in  our  County,  sure !  Many 
men  there  threatened  that  after  the  election  they  would  turn  off  the 
freedmen  employed  by  them,  because  they  voted  against  the  Convention 
ticket;  and  we  made  no  fuss  about  it, — because,  we  were  electech  Some 
even  threatened  to  cut  their  freedmen's  throats  on  that  account ;  and  we 
made  no  fuss  about  it, — because,  we  were  elected.  [Laughter.] 

Mr.  HIXDS.  As  it  seems,  from  the  evidence,  that  this  state  of  things 
exists  in  Ashley  County,  I  think  the  testimony  elicited  before  the  Com- 
mittee should  go  to  the  world,  so  that  the  constituency  of  those  gentlemen 
from  that  County  who  have  seats  upon  this  floor  may  know  fully  w^hat 
testimony  has  been  given,  and  how  matters  are  represented  as  existing 
among  them.  If  it  is  true  that  such  a  state  of  facts  exists  as  is  represented, 
it  must  be  to  the  interest  of  every  gentleman  occupying  a  seat  upon  this 
floor,  that  the  whole  evidence  should  go  to  the  world,  so  that  it  may  be 
known  that  there  are  such  things  occurring  in  the  State  of  Arkansas. 
And  did  I  represent  Ashley  County  here,  I  should  certainly  desire  that 
course  to  be  pursued.  As  I  do  not,  but  occupy  a  seat  in  this  body,  I  am 
very  desirous,  as  a  representative  of  a  portion  of  the  people  of  this  State, 
that  this  testimony  may  be  printed  to  accompany  the  Report,  so  that  the 
matter  may  be  fully  represented  to  the  people  of  Ashley  County,  to  the 
State  of  Arkansas,  and  to  the  people  of  this  Republic. 

(  331  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Saturday, 


Ashley  County  Election.— CYPEET—SAEBER—DUVALL. 


Mr.  CYPERT.  I  have  no  objections — I  desire — that  the  whole  facts 
should  go  before  the  country.  But  the  synopsis  of  the  testimony,  as  read 
by  the  gentleman  from  Jefferson  [Mr.  Mallory],  is  not  the  whole  testi- 
mony. I  wish  to  call  the  gentleman's  attention  to  one  particular  fact; 
and  he  will  bear  me  out  in  the  statement.  The  whole  testimony  was  hear- 
say. These  witnesses  stated,  before  the  Committee,  that  individuals  had 
told  them  that  these  things  occurred.  As  to  the  man  cut  with  a  bowie- 
knife,  the  statement  was  this :  A.  B.  came  to  me,  a  day  or  two  after  the 
election  and  showed  me  a  cut  upon  his  breast,  and  told  me  that  a  certain 
individual  had  cut  him  because  he  voted  the  Convention  ticket! — Is  that 
the  testimony  to  come  before  a  court  ? 

Mr.  SARBER.  The  witness  testified  that  he  was  acting  officially,  as 
Agent  of  the  Freedmen's  Bureau  in  that  District;  and  the  man  came 
before  him  and  made  affidavit  to  the  facts. 

Mr.  CYPERT.  My  understanding  is  that  the  witness  said  that  he  took 
depositions  to  these  facts,  and  forwarded  them  to  the  commander  of  the 
Military  District,  General  Ord.  But  he  did  say  just  as  I  have  stated,  that 
the  individual  came  to  him  and  told  him  he  had  been  cut  in  the  breast, 
and  for  that  reason.  I^ow,  this  only  shows,  if  it  were  true,  this  state  of 
facts.  It  did  not  interfere  with  the  election.  The  election  was  over.  The 
mere  synopsis  read  indicates  that  these  witnesses  made  these  statements 
upon  their  own  knowledge ;  whereas,  it  was  all  hearsay.  If  it  was  within 
their  own  knowledge,  they  were  themselves  culpable,  for  not  having,  before 
the  elections,  taken  the  precautionary  measures  necessary  to  prevent  such 
occurrences  in  the  County.  These  witnesses  did  not  thus  exhibit  them- 
selves as  culpable,  before  the  Committee.  They  said  the  information  came 
before  them  through  other  parties,  and  that  they  took  affidavits  and  for- 
warded them  to  General  Ord.  If  these  facts  were  properly  recorded,  I 
would  be  glad  to  publish  the  Reports  to  the  world,  and  show  what  kind  of 
testimony  was  elicited  before  the  Committee. 

Mr.  SARBER.  Inasmuch  as  the  action  of  the  Committee  has  been 
called  into  question,  by  the  gentleman  from  Ashley,  and  others,  we  wish 
to  introduce  this  testimony  only  in  order  to  show  upon  what  evidence  we 
based  our  report.    I  think  there  is  nothing  wrong  in  that. 

With  regard  to  the  statement  of  the  gentleman  from  White  [Mr.  Cy- 
pert],  I  will  say  that  the  evidence  we  have  taken  was  given  by  the  Regis- 
trars, and  by  the  Agent  of  the  Freedmen's  Bureau  in  that  County.  These 
parties  came  before  the  Agent,  and  made  affidavits  to  the  facts.  He 
merely  testifies  to  these  general  matters ;  and,  as  we  have  stated  in  our 
Report,  owing  to  the  lateness  of  the  day  at  which  the  investigation  was 
entered  upon,  we  had  not  the  necessary  time,  and  did  not  wish  to  incur 
the  necessary  expense,  of  sending  for  these  witnesses ;  and  we  only  re- 
ported upon  the  general  facts  which  had  come  before  us. 
(  332  ) 


Jan.  25th.]  AEKANSAS  COXSTITUTIOXAL  COXTEXTIOX.  [16th  Day, 


Ashley  County  Election.— DIJYALL—SAEBER—McCLUEE—CYPEET. 


.Mr.  DUYALL.  I  can  see  no  good  growing  out  of  all  this  talk.  It  is 
not  tenclino'  to  create  harmony,  union,  and  good  feeling,  here.  Our  con- 
stituents will  not  be  benefited  by  it;  and  I  think  we  should  certainly  cut 
this  discussion  sliort.  I  move  to  amend  tlie  motion  to  have  the  Eeports 
laid  on  the  table  and  printed,  so  as  to  strike  out  all  of  botb  Eeports, 
except  the  resolutions  admitting  tbe  delegates  to  their  seats. 

Mr.  SAEBEE.  I  do  not  think  that  the  proposed  amendment  is  fair.  It 
places  the  majority  of  the  Committee  in  rather  a  peculiar  position  before 
this  Convention.  The  action  of  the  Committee  has  been  criticized,  by 
gentlemen  here,  upon  the  question  of  the  facts  being  as  reported ;  and  tlie 
course  of  the  Committee  has  been  reflected  upon,  as  being  influenced  by 
motives  of  a  partisan  nature.  For  that  reason  we  desire  to  have  the  facts 
before  the  Convention. 

Mr.  DEA^AEL.  I  do  not  ofl'er  my  amendment  from  any  bad  feeling,  or 
any  prejudice  against  anybody;  but  such  discussions  and  debates  as  these 
are  not  tending  to  harmonize,  or  to  create  good  feeling.  'No  constituency 
in  the  State  can  be  benefited  by  the  discussion.  I  desire  to  drop  the  whole 
matter,  and  let  it  fall  where  it  is. 

Mr.  McCEE^EE.  I  do  not  know  that  I  understand  what  is  meant.  Every 
gentleman  has  succeeded  in  speaking  bis  piece — he  has  manufactured  all  the 
capital,  out  of  this  question,  that  he  will  ever  want.  That  is  all  that  this 
discussion  is  for.  These  members  are  already  admitted,  and  sworn  in.  A 
resolution  admitting  them  Avould  not  place  them  in  any  better  position 
than  they  are  in  now.  An  adoption  or  rejection  of  the  Eeports,  or  either 
of  them,  would  not  afi'ect  the  parties.  The  discussion  is  entirely  irregu- 
lar; for  it  aftects  nothing,  and  the  discussion  of  a  question  which  affects 
no  person  or  thing  seems  to  me  entirely  out  of  order.  There  is  no  neces- 
sity for  it;  and  it  matters  very  little  to  the  other  fifty-seven  counties  out- 
side of  Ashley,  whether  there  were  frauds  committed  in  the  election  there, 
or  not.  I  cannot  conceive  that  it  makes  any  difference  whatever.  These 
gentlemen,  I  repeat,  have  their  seats,  under  the  resolution,  already.  It 
looks  to  me  like  perpetuating  testimony  after  a  conviction  or  acquittal ; 
and  I  see  no  useful  purpose  to  be  subserved  by  it. 

Mr.  CYEEET.  The  motion  of  the  gentleman  from  Eawrence  [Mr. 
Duvall],  proposes  what  I  conceive  to  be  just.  The  gentleman  from  Union 
[Mr.  ^^iLSO^']  had  the  same  idea  in  his  mind,  and  very  forcibly  expressed 
it.  This  matter  was  referred  to  the  Committee,  with  instructions  to  do  a 
certain  thing.  They  failed  to  do  that  thing,  and  have  done  something 
else.  Their  instructions  were,  to  inquire  into  the  qualifications  of  the 
members,  and  not  into  their  election.  They  have  gone  outside  of  their 
instructions,  and  have  investigated  an  entirely  diff'erent  matter.  I  call  for 
the  reading  of  the  instructions. 

The  SECEETAEY  read,  from  the  Journal,  of  January  16th,  the  motion 

(  333  ) 


1868.] 


DEBATES  Al^J)  PEOCEEDINGS  OP  THE 


[Saturday, 


Ashley  County  Election.— GENEKAL  DEBATE. 


instructing  the  Committee  on  Elections,  in  the  matter,  and  the  amendment 
oflered  thereto,  and  adopted,  as  follows : 

Mr.  MATTHEWS,  of  Drew,  presented  the  credentials  of  Messrs.  Moore  and 
ISfoRMAN  of  Ashley  County. 

Mr.  BEOOKS,  of  Phillips,  moved  to  refer  said  credentials  to  the  Committee 
on  Elections. 

Mr.  McCLUEE,  of  Arkansas,  moved  to  amend  by  instructing  the  Committee 
on  Elections  to  inquire  into  the  qualifications  of  the  members  in  question. 

Mr.  CYPERT.  That  is  the  point  I  made.  It  was  argued,  by  the  gen- 
tleman from  Arkansas  [Mr.  McClure],  that  we  had  a  precedent  for 
examining  into  the  qualifications  of  members  elect.  Some  contended 
that  we  could  examine  into  the  question  of  their  election ;  others  that 
that  point  was  determined  by  the  General  commanding,  and  that  we 
could  determine  only  the  qualification.  It  was  added,  on  motion  from 
the  gentleman  from  Arkansas,  to  instruct  the  Committee  to  inquire  into 
the  qualifications.  The  question  raised  was  as  to  the  loyalty  of  the  mem- 
bers elect. 

Mr.  BROOKS.  The  gentleman  is  perhaps  correct  in  part;  but,  cer- 
tainly, not  entirely.  Whether  the  record  shows  the  entire  sense,  or  not, 
may  be  a  question  of  interpretation.  The  simple  fact  of  the  motion  to 
refer  to  the  Committee  on  Elections  the  credentials,  and  so  forth,  was  a 
reference  of  the  entire  subject  of  the  election;  and  the  motion  of  the 
gentleman  from  Arkansas  [Mr.  ^ScClure]  was  understood,  at  least,  what- 
ever may  have  been  its  design,  to  be  simply  an  addition.  He  added,  to 
the  instructions  already  proposed,  that  they  should  also  examine  into  the 
qualifications  of  the  members.  On  the  theory  of  the  gentleman  from 
White  County  [Mr.  Cypert],  what  was  the  Committee  to  examine  ?  If 
the  examination  was  simply  an  inquiry  into  the  qualifications  of  the 
members,  what  did  we  intend  in  the  first  place  ?  It  will  be  remembered 
that  in  the  discussion  of  the  subject  we  claimed  the  authority  of  the  Con- 
vention to  examine,  by  Committee,  the  credentials^  and  to  investigate, 
and  take  testimony,  with  respect  to  the  election  of  the  members;  and 
then  the  honorable  gentleman  from  Arkansas  moved  his  addition  to  the 
instructions. 

Mr.  MALLOHY.  With  regard  to  the  charge  that  the  Committee  went 
outside  of  their  province,  I  have  to  say  that  the  Committee  did  what  they 
considered  to  be  their  duty,  and  reported  back  the  result  of  their  labors, 
for  the  action  of  the  Convention. 

Mr.  MISNER  rose  to  a  point  of  order.  The  gentleman's  remarks  were 
out  of  order. 

The  PRESIDED  overruled  the  point  of  order. 

Mr.  MALLORY.  The  Committee  have  done  what  they  considered  their 
(  334  ) 


Jan.  25th.]  AEKANSAS  CO^'STITUTIOXAL  CONYE^s^TION.  [16th  Day. 


Ashley  County  Election.— GANTT. 


duty.  They  have  reported  to  the  Convention.  It  is  for  the  Convention 
to  accept  or  reject  their  report.  It  makes  no  difference  to  the  Committee 
what  action  the  Convention  shall  take.  We  acted  without  personal  feel- 
ing in  the  matter. 

Mr.  HICKS.  I  move  that  the  entire  subject  be  postponed;  and  on  that 
motion  I  call  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  GAXTT.  I  believe  every  member  of  the  Committee  on  Elections 
has  addressed  the  Convention  on  this  matter.  As  is  known  to  the  Con- 
vention, I  was  the  minority  of  that  Committee.  In  the  discharge  of  my 
duty  as  a  member  of  that  Committee,  I  considered  it  requisite  to  inquire 
specifically  into  the  legality  of  the  credentials.  And  I  will  say,  just  here, 
that  in  the  deliberations  of  the  Committee  there  was  no  partisan  feeliug 
manifested  by  the  majority,  towards  the  gentlemen,  individually,  who 
claimed  seats  as  representatives  from  Ashley  County.  The  largest  lati- 
tude was  given  me  in  the  cross-examination  of  the  witnesses  introduced, 
except  in  one  or  two  instances,  already  referred  to,  when  one  of  the  wit- 
nesses stated  that  two  white  men  had  been  intimidated  by  threats  of  per- 
sonal violence.  I  asked  the  witness  to  give  me  the  names  of  those  citizens. 
He  declined  doing  so;  and  I  appealed  to  the  Committee  to  compel  him  to 
answer.  The  Committee  declined,  but  asked  him  to  state  the  reason  of 
his  unwillingness  to  answer,  which  he  did  give;  and  the  reason  has  been 
stated,  very  fairly  and  correctly,  by  the  Chairman  of  the  Committee. 

When  the  testimony  was  concluded,  the  Chairman  of  the  Committee, 
and,  I  believe,  every  member,  expressed  entire  willingness  to  receive  any 
testimony  which  the  gentlemen  claiming  the  seats,  and  whose  credentials 
were  in  our  hands,  might  desire  to  introduce.  I  asked  the  gentlemen  if 
they  desired  to  produce  any  testimony.  They  declined  to  do  so;  and  it  was 
at  my  suggestion,  too,  that  they  declined,  on  the  ground  that  it  would  in- 
volve an  unnecessary  expenditure  of  time.  They  positively  asserted  that 
they  could  contradict^U  the  testimony  that  bad  gone  before  the  Com- 
mittee; but  to  delay  the  matter  until  witnesses  could  be  obtained,  would 
do  them  or  us  no  good.  And  after  I  told  them,  as  I  did,  that  the  majority 
of  the  Committee  was  in  favor  of  giving  them  their  seats,  and  that  if  in 
future  they  could  disprove  testimony  given  before  the  Committee,  the 
press  was  open  to  them,  and  the  evidence  could  thus  be  published  as  fully 
and  completely  as  if  it  were  put  into  the  Report  of  the  Committee,  they 
had  no  disposition  to  offer  any  rebutting  testimony  at  the  present  time. 

Well,'  sir,  when  we  came  to  deliberate  upon  the  report  which  was  to  be 
made,  I  stated  that,  to  my  mind,  there  was  only  a  legal  question  involved, 
and  that  if  I  was  correct  in  my  conception  of  the  question  before  us,  a  state- 
ment of  the  facts  was  unnecessary.    I  took  the  position,  in  opposition  to 

(  335  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Saturday, 


Ashley  County  Election.— GANTT— WILSON. 


the  remainder  of  the  Committee,  that  the  right  and  power  to  determine 
the  election  and  qualification  of  the  members  of  this  Convention,  was 
vested  in  the  General  commanding  the  District,  and  not  in  this  body.  If 
I  was  correct  in  that,  the  facts  amounted  to  nothing.  There  was  the  dif- 
ference between  us;  and  on  that  difference  hinges  the  difference  between 
the  two  Reports.  So  far  as  the  conclusion  was  concerned,  there  was  no 
difference. 

I  regret  that  some  acrimony  has  crept  into  this  matter.  I  regretted, 
exceedingly,  to  hear  the  insinuation  of  the  gentleman  from  Phillips 
[Mr.  Brooks],  that  any  of  the  party  of  convicts  just  brought  to  the  Peni- 
tentiary, had  any  connection  with  the  Democratic  State  Convention. 

Mr.  BROOKS.  I  wish  to  explain.  I  made  no  such  insinuation.  The 
gentleman  is  entirely  mistaken. 

Mr.  GANTT.  Well,  sir,  I  understood  the  gentleman  to  say  that  it  was 
a  strange  coincidence,  and  so  forth;  and  he  certainly  did  go  on  to  speak 
at  length  of  the  numerous  guards  sent  here  as  members  of  that  Conven- 
tion. I  will  state,  and  for  the  purpose  of  correction,  that  not  one  of  those 
guards  was  a  delegate  to  the  Democratic  Convention,  and  that  they  have 
all  returned  to  their  homes.  The  delegates  to  that  Convention  are  in  the 
City,  with  their  credentials  in  their  pockets,  and  had  nothing  to  do  with 
that  guard.  These  insinuations  and  recriminations  are  unkind,  to  say  the 
least  of  it.  I  am  not  disposed  to  indulge  in  recrimination ;  it  is  not  my 
mode  of  sustaining  or  advocating  a  political  principle.  I  am  not  disposed 
to  enter  into  a  canvass  in  this  Convention.  There  will  be,  perhaps,  a  time 
when  these  things  can  be  said  upon  the  stump;  but  at  this  time  they  are 
out  of  place.  I  make  these  remarks  merely  in  vindication  of  those  gen- 
tlemen who  came  here  as  referred  to,  and  of  the  Sheriff  who  came  in  charge 
of  those  prisoners. 

If  I  understood  tbe  honorable  member  from  Union  [Mr.  Wilson],  he 
takes  the  same  view  of  this  matter  that  I  do.  He  says  this  Committee 
was  only  charged  with  the  duty  of  ascertaining  whether  these  gentlemen 
from  Ashley  are  furnished  with  proper  credentials-yrom  the  commanding 
General  of  the  District,  entitling  them  to  seats  in  this  body.  If  that  is  his 
opinion,  he  and  I  agree.  And  yet  he  jumped  into  my  Report,  and  called  it 
humbug,  and  said  it  was  as  long  as  the  moral  law,  and  four  times  as  long. 
I  may  have  had  the  misfortune  not  to  make  that  Report  as  terse  as  I  might 
have  done  ;  but  because  it  is  long,  he  ought  not  to  reject  the  principle.  If 
the  report  is  correct  in  principle,  its  faults  of  style  should  not  condemn  it. 

Mr.  WILSON  [Mr.  Gantt  retaining  the  floor. ']  If  I  understood  the  Re- 
port, the  gentleman  differs,  very  materially,  from  me.  I  contend  lhat  the 
Committee  had  a  right  to  ascertain  whether  those  gentlemen  could  take 
the  oath.  We  have  failed  to  prescribe,  or  to  take,  the  oath  which  the  Law 
anticipates.  The  Law  declares  that  no  person  shall  be  eligible  to  a  seat 
(  336  ) 


.Jan.  25th.]  AEKAXSAS  COXSTITUTIOXAL  COXTEXTIOX.  [IGtli  Dav, 


AsMev  County  Election.— GAXTT. 


upon  this  floor,  who  is  not  able  to  take  tlie  oatli  of  registration.  And  I 
said  this  body  had  a  right,  and  has  still  a  right,  if  there  is  any  man  here 
who  cannot  take  that  oath,  to  have  him  expelled.  Of  the  result  of  the 
election,  General  Ord,  as  I  bold,  is  the  sole  judge.  Of  the  qualification  to 
take  the  oath,  I  contend  that  we  are  the  judges.  I  expected,  when  I  came 
here,  to  have  to  take  the  ^''iron-clad'"'  oath.  General  Ord  has  not  deter- 
mined upon  the  personal  competency  of  these  gentlemen.  

Mr.  GAXTT.  I  would  like  to  know  how  much  more  the  gentleman  is 
going  to  inject  into  my  speech.  [Laughter.]  I  have  but  little  more  to 
say;  and  after  the  voluminous  statement  of  the  gentleman,  there  remains 
just  that  difference  between  us  that  there  is  between  tweedle-dum  and 
tweedle-dee.  [Laughter.]  He  says  General  Ord  settles  the  question  of 
these  credentials ;  and  that  position  is  the  basis  of  my  report.  General 
Ord  has  exercised  that  power  :  and  the  papers  show  it, — that  he  has  passed 
upon  the  election  held,  as  indicated  by  the  returns  made  by  the  Registrars 
of  that  County,  upon  which  returns  the  commanding  General  has  declared 
these  gentlemen  duly  and  legally  elected,  and  entitled  to  their  seats,  and 
has  summoned  them  here,  by  their  names,  by  express  order.  Li  my 
judgment,  the  duties  of  this  Convention,  in  respect  of  the  title  of  members 
to  their  seats,  cease  when  the  members  appear,  submit  the  order  constitut- 
ing their  credentials,  and  take  the  oath.  As  to  the  right  of  the  Conven- 
tion to  require  the  members  to  do  their  duty, — that  is,  to  be  sworn, — no- 
body questions.  The  Eeconstruction  Act  gives  the  Convention  the  power. 
The  Eeconstruction  Acts  limit  our  powers:  and  the  Convention  can  ex- 
ercise only  such  powers  as  are  delegated  by  the  original  Act,  and  by  the 
Acts  supplementary  and  explanatory  thereof 

As  remarked  by  the  honorable  member  from  White  [Mr.  Cypert],  it  is 
apparent,  from  even  a  casual  examination  of  this  matter,  that  all  of  the 
testimony  before  the  Committee  was  hearsay  testimony.  The  honorable 
member  from  Johnson  [Mr.  Sarber]  undertook  to  avoid  that  objection, 
by  saying  that  the  evidence  came  in  the  shape  of  testimony  taken  before 
the  Bureau  Agent.  ^_,That  still  leaves  it  hearsay.  AVe  had  before  the 
Committee  only  the  statement  taken  under  the  oath  administered  to  the 
Registrar,  and  to  the  Freedmen's  Bureau  Agent,  that  these  parties  had 
made  these  afiidavits  before  the  witness,  and  that  he  had  forwarded  them 
to  General  Ord,  after  the  forwarding  of  the  returns  of  the  election.  It  is 
still  hearsay  testimony;  give  it  its  utmost  limit,  regard  it  most  favorably, 
and  it  is  still  mere  hearsay,  a  species  of  testimony  upon  which  the  courts 
never  look  with  allowance. 

Another  point  has  been  raised,  in  regard  to  the  conduct  of  even  the 
United  States  soldiers  in  the  County  of  Ashley.  It  is  not  absolutely 
asserted  that  they  took  an  active  part  in  any  outrages:  but  at  all  events 
they  were  lawless.    That  has  nothing  in  God's  world  to  do  with  the  result 

22  (  337  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Ashley  County  Election.— GANTT. 


of  the  election.  If  those  soldiers  were  untrue  to  their  flag,  if  they  demeaned 
themselves  in  such  a  way  as  to  make  themselves  objectionable  to  their 
Government,  the  officers,  or  the  privates  themselves,  should  have  been 
punished,  and  punished  promptly.  But  if  it  becomes  necessary  for  the 
Convention  to  enter  into  a  consideration  of  that  testimony,  let  us  look  at 
it,  and  see  what  it  amounts  to.  Of  course,  when  we  come  to  consider  that 
testimony,  it  is  our  privilege  to  look  at  all  the  circumstances  that  will 
throw  a  doubt  or  question,  as  to  truth,  around  it.  These  witnesses  testify 
that  the  voters  were  intimidated  in  open  day.  It  is  stated  that  a  man  in 
a  store, — in  the  presence,  and  hearing,  too,  of  the  Registrar,  who,  under 
the  Reconstruction  Act,  had  the  power  to  arrest  him, — declared  that 
if  another  man  present  belonged  to  the  Union  League,  he  would  kill 
him,  and  if  he  should  vote  the  Radical  ticket,  he  would  kill  him  any- 
how. He  was  not  arrested.  There  was  a  company,  or  more,  of  United 
States  soldiers  quartered  in  the  town;  and  sent  there  for  the  express  pur- 
pose of  protecting  the  people  and  enforcing  the  Reconstruction  Acts. 
Still  no  arrests  were  made ;  all  this  intimidation  went  on;  all  these  threats 
continued  to  be  published.  Men  were  driven  from  the  polls,  men  were 
attacked  with  bowie-knives,  menaced  with  being  driven  from  their  homes, 
without  meat  or  bread,  and  threatened  that  they  would  receive  no  employ- 
ment for  the  future.  With  all  this  protection  around  them,  with  soldiers 
to  guard  them,  this  intimidation  of  citizens  entitled  to  the  elective  fran- 
chise, under  the  Reconstruction  Acts,  went  on  without  let  or  hindrance. 
It  is  unreasonable — it  is  unreasonable  under  any  other  hypothesis  than 
that  of  a  wilful  disregard  of  duty  by  the  officers  there,  military  and  civil. 
Well,  if  they  take  this  to  themselves,  if  they  wish  to  publish  to  the  world 
that  they  have  been  remiss  in  their  duty,  that  they  have  sat  still  and  seen 
the  law  violated,  that  they  have  held  their  peace  and  held  their  hands, 
while  they  have  seen  justice  murdered,  and  citizens  driven  from  the  polls, 
by  threats — if  they  want  to  take  that  to  themselves,  let  them  take  it ! 
The  testimony,  taken  as  it  stands,  shows  a  wilful,  gross,  and,  I  will  say, 
criminal  neglect  of  duty,  on  the  part  of  the  officers,  civil  and  military. 

But  there  is  another  side  to  this  question  of  threats  and  intimidations 
and  lawlessness  and  outrage.  And  I  desire  that  the  facts,  as  they  appear 
in  this  Report  of  the  Committee,  shall  go  to  the  country  and  to  the  world. 
If  the  parties  feel  that  the}^  or  their  County  are  involved  in  the  matter, 
the  good  people  of  Ashley  County  can  publish  to  the  world  the  reverse  of 
that  question,  and  show  the  other  side  of  the  picture.  It  is  asserted,  by 
men  of  unquestionable  truth,  that  the  testimony  taken  before  the  Com- 
mittee can  be  contradicted,  in  general  and  in  particular.  Let  the  facts  go 
to  the  world;  and  then  let  the  good  people  of  Ashley  vindicate  themselves 
by  the  publication  of  the  other  side  of  those  facts.  I  have  no  disposition 
in  the  world  to  avoid,  for  the  people  of  Ashley  County,  or  that  portion  of 
(  3,38  ) 


Jan.  25th.]  AEKA^^"SAS  COl^STITUTIOI^AL  CONYEis^TION.  [16th  Bay. 


Ashley  County  Election.— GANTT— DALE. 


them  who  agree  with  me  in  politics,  any  odium,  if  odium  should  justly 
attach  to  them.  I  am  certain  that  the  representatives  of  that  constituency, 
upon  this  floor  have  no  desire  to  shield  their  constituents  from  odium,  if 
entitled  to  it  by  frauds  and  intimidations  in  the  election. 

General  Ord  says  that  if  the  entire  vote  cast  in  Union  Precinct  were 
thrown  out,  or  placed  as  a  unit  on  either  side,  it  would  not  alter  the 
result.  Here  seems  to  be  another  discrepancy.  There  were  seventy-five 
voters,  white  and  black,  in  Union  Precinct,  and  at  least  fifty  voted.  Yet 
the  Registrars  say  the  majority  in  that  County  was  only  eighteen.  Of 
course,  if  that  was  the  case,  and  we  put  the  vote  of  Union  Precinct  as  a 
unit  upon  the  other  side,  the  result  ivould  be  changed.  Either  General 
Ord  is  wrong  or  the  Registrars  are  wrong.  There  is  an  error  somewhere. 
The  Registrars  say  there  was  a  difference  of  only  eighteen  votes.  I  can- 
not reconcile  the  two  statements.  It  is  not  my  right  or  privilege,  under 
the  Reconstruction  Acts,  to  question  the  soundness  of  General  Ord's  posi- 
tion. Pie  has  had  the  returns  before  him;  he  has  solemnly  declared  that 
Messrs.  i^'oRMAN  and  Moore  were  duly  elected,  and  are  entitled  to  seats  in 
this  body.  If  the  testimony  before  the  Committee  is  true,,  it  contradicts 
the  official  announcement  of  the  commanding  General. 

I  intended  to  say  nothing ;  and  when  this  discussion  commenced,  I  deter- 
mined, in  my  own  mind,  not  to  open  my  mouth;  but  the  discussion  has  taken 
such  a  broad  scope,  that  I  felt  it,  and  feel  it  now,  to  be  justice  to  myself 
to  make  these  statements.  My  report  was  based  upon  the  theory  that  we 
had  nothing  to  do  with  the  legality  of  the  election;  that  the  only  question 
was  whether  Messrs.  I^'grman  and  Moore  had  a  right  to  their  seats;  and  I 
so  reported,  and  concurred  with  the  majority  in  the  recommendation  that 
they  be  permitted  to  assume  their  seats.  But  whilst  the  testimony  taken 
did  not  affect  the  question  of  their  right  to  admission,  still  the  majority 
felt  it  proper  and  necessary  to  report  the  facts  to  the  Convention.  I  had 
no  objection  to  that;  I  did  not  object  to  their  embodying  in  their  Report 
the  facts,  if  they  had  adopted  my  principle,  and  added  the  facts  to  it.  I 
wanted  the  facts  to  go  to  the  world;  and  I  still  so  desire. 

Mr.  DALE.  I  did  not  intend  to  say  one  word  in  regard  to  this  matter, 
and  do  not  now  intend  to  say  many.  But  I  wish  to  set  myself  right,  as 
well  as  the  majority  of  the  Committee.  As  I  understand  the  question 
now,  it  stands  about  thus.  There  is  a  motion,  before  the  Convention,  to 
lay  the  Report  on  the  table,  and  have  it  printed.  The  gentleman  from 
Lawrence  [Mr.  Duvall]  introduces  a  motion  for  an  indefinite  postpone- 
ment of  the  whole  matter.  'Now,  sir,  I  hope  the  motion  of  the  gentleman 
from  Lawrence  will  not  prevail;  and  for  this  reason.  The  gist  of  the 
speech  of  the  gentleman  from  Ashley  County,  as  I  regard  it,  is,  that  he 
not  only  questions  the  legal  right  of  the  Committee  on  Elections  to  take 


(  889  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Saturday, 


Ashley  County  Election.— GENEEAL  DEBATE. 


the  testimony,  as  heard  before  the  Committee,  but  brings  in  question  the 
motives  actuating  the  Committee. 

Mr.  E'ORMAI^.  I  beg  leave  to  correct  the  gentleman,  as  far  as  my 
remarks  are  concerned.    I  had  no  such  intention. 

Mr.  MOORE.  J  certainly  had  no  intention  of  questioning  the  motives 
of  the  Committee,  in  the  least. 

Mr.  DALE.  I  stand  corrected,  then.  That  was  my  understanding  of 
the  gist  of  the  speech ;  that  it  brought  in  question  not  only  the  right,  but 
the  motives,  of  the  Committee.  So^far  as  I  am  concerned,  I  wish  to  say 
that  it  makes  little  difference  to  me,  what  men  think  about  my  motives. 
I  did  what  I  believed  to  be  right  in  the  premises;  and  my  reason  for 
hoping  that  the  motion  of  the  gentleman  from  Lawrence  will  not  succeed, 
is  

Mr.  DUVALL.  I  wish  to  correct  the  gentleman  in  regard  to  my  mo- 
tion. It  was,  to  amend  the  motion  proposing  to  print,  by  striking  out  all 
of  the  Reports  of  both  the  majority  and  minority  of  the  Committee,  except 
the  resolution. 

Mr.  DALE.  At  any  rate,  my  earnest  desire  is  that  the  testimony  and 
Report  shall  be  printed,  and  go  to  the  world.  I  do  not  propose  to  permit 
any  man  to  sit  here  as  a  jury,  to  decide  whether  my  motives  are  correct 
or  incorrect.  I  am  willing  that  the  people  of  the  State  shall  judge  as  to 
the  right  of  the  matter,  when  it  shall  be  laid  before  them. 

Mr.  BROOKS.  I  desire  to  explain,  very  briefly.  I  have  not  participated 
in  the  discussion,  and  do  not  propose  to  do  so.  My  response  with  refer- 
ence to  the  comparison  between  the  Counties  of  Ashley  and  Phillips,  was 
simply  to  offset  the  reflections  of  the  honorable  member  from  Ashley  [Mr. 
Moore],  respecting  my  "loyal"  constituency.  I  did  not,  in  my  remarks, 
allege  either  that  the  convicts  were  members  of  the  Democratic  Conven- 
tion to  be  assembled  here  on  the  27th  instant,  or  that  the  guard  who 
came  with  them  were  members.  I  simply  said,  as  the  honorable  gentle- 
man from  Prairie  [Mr.  Gantt]  finally  stated  it,  that  it  was  a  remarkable 
coincidence,  and  that  it  was  a  singular  fact  that  it  should  require  thirty- 
two  men,  at  an  expense  of  fifteen  hundred  dollars,  to  guard  a  small  squad 
of  colored  convicts  from  Helena  here. 

E"ot  having  participated,  at  all,  in  the  discussion  of  the  question  upon 
its  merits,  I  feel  at  liberty,  especially  after  so  long  a  time  has  been  con- 
sumed in  the  debate  upon  the  subject,  to  move,  as  I  do,  the  previous  ques- 
tion. 

Mr.  GrREY,  of  Phillips.  As  we  all  have  to  vote  conscientiously  in  this 
matter,  I  wish  to  state  my  reasons  

Mr.  BROOKS.  I  must  insist  upon  the  motion  for  the  previous  question 
being  put. 

Mr.  GREY.  I  do  not  think  it  fair  to  cut  off  debate  in  this  way. 
(  340  ) 


Jan.  25th.]  AEKANSAS  CONSTITUTIONAL  CONVENTION.  [16th  Day. 


Ashley  County  Election.— BEOOKS— KYLE. 


Mr.  BROOKS.  I  would  say,  notwithstanding  the  remark  of  my  col- 
league, that  I  have  no  desire  to  treat  any  gentleman  with  unfairness. 

Mr.  KYLE.  I  hope  the  Convention  will  not  sustain  the  call ;  be- 
cause  

The  PEESLDENT.  Debate  is  out  of  order. 

The  question  was  taken  on  the  call  for  the  previous  question ;  and,  a 
division  being  asked,  the  call  was  sustained, — Ayes  37,  Noes  17;  so  it 
was  ordered  that  the  main  question  be  put. 

The  PEESIDENT  ruled  that  the  question  before  the  Convention,  under 
the  operation  of  the  previous  question,  was  the  motion  that  the  Report  of 
the  majority  of  the  Committee  on  Elections  lie  upon  the  table,  that  one 
hundred  copies  be  printed,  and  that  the  same  be  made  the  special  order 
of  the  day  for  Tuesday,  January  28th. 

The  question  was  taken  upon  that  motion,  and,  a  division  being  called 
for,  it  was  decided  in  the  negative, — Ayes  22,  Noes  25. 

Mr.  BROOKS.  I  move  that  the  Convention  now  adjourn. 

Mr.  KYLE.  I  ask  that  the  motion  be  withdrawn,  to  enable  me  to  move 
that  when  the  Convention  adjourns,  it  adjourn  to  Tuesday  morning.  It  is 
understood  that  there  is  a  meeting  of  the  Democracy  on  the  

The  PRESIDENT.  The  motion  to  adjourn  not  being  withdrawn,  the 
gentleman's  remarks  are  out  of  order.  The  Chair  regrets  that  motions  of 
this  nature  are  not  made  in  time.  The  Chair  endeavors  to  state  fairly  the 
question  before  the  Convention;  and  when  the  vote  has  been  begun,  or 
when  motions  not  admitting  of  debate  are  pending,  the  rules  must  be 
strictly  enforced. 

Mr.  BROOKS  moved  that  the  Convention  adjourn. 

The  question  was  taken  on  the  motion  to  adjourn;  and  the  motion  was 
agreed  to ; 

And  thereupon,  at  12.30,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Monday,  January  27th. 


SEYENTEENTH  DAY. 

Monday,  January  27th,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called ;  and  the  following  members  answered  to  their  names : 
Messrs.  Beasley^  Belden,  Bell,  Bradley,  Brashear,  Brooks^  Coates,  Corbell, 

(  .^41  ) 


1868.]  DEBATES  AJSTD  PEOCEEDmGS  OF  THE  [Monday, 


Adjournment— Ashley  County  Election.— HINDS— BEADLE Y. 


Cjpert,  Dale,  Duvall,  Evans,  Exon,  Gantt^  Gray  of  Jefferson^  Grrey  of  Phillips, 
Harrison,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis,  Hodges  of  Crit- 
tenden, Hodges  of  Pulaski,  Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle, 
Langley,  Mallory,  Mason,  Matthews,  Merrick,  Misner,  Millsaps,  Montgomery, 
Murphy,  McCown,  McClure,  Moore,  Norman,  Oliver,  Owen,  Poole,  Portis, 
Priddy,  Puntney,  Rawlings,  Eector,  Reynolds,  Eounsaville,  Samuels,  Sarber, 
Scott,  Shoppach,  Sims,  Smith,  Snyder,  Van  Hook,  Walker,  Wilson,  White, 
Williams,  Wright,  Wyatt,  and  the  President. 
Sick. — Mr.  Sams. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names : 

The  Journal  of  the  preceding  day  was  read  and  approved. 

ADJOURNMENT. 

Mr.  MOIS'TGOMERY  moved  that  the  Convention  adjourn'  until  the 
morrow  morning  at  ten  o'clock. 

Mr.  CYPERT  asked  to  make  an  explanation.  He  was  aware  of  the 
object  of  tlie  motion  ;  but  the  supposed  necessity  for  it  did  not  exist.  He 
hoped  that  when  the  Convention  should  adjourn,  it  would  be  to  the  day 
after  the  morrow ;  but  there  was  no  reason  why  the  Convention  should 
not  at  the  present  proceed  with  business.  The  Convention  which  was  to 
meet  in  the  City,  would  on  this  day  do  nothing  more  than  to  make  pre- 
liminary arrangements. 

ASHLEY  COUNTY  ELECTION — RESUMED. 

The  PRESIDENT  announced,  as  the  unfinished  business  before  the 
Convention,  the  consideration  of  the  Reports  from  the  Committee  on 
Elections,  on  the  Ashley  County  Election, 

And,  by  consent,  that  question  was  taken  up,  to  the  exclusion  of  the 
regular  order  of  business. 

Mr.  HI^TDS.  I  do  not  understand  the  actual  situation  of  the  subject 
before  the  Convention.  For  the  purpose,  however,  of  getting  the  matter 
before  the  Convention,  I  shall  move  that  the  Majority  Report  be  adopted, 
and  that  the  accompanying  evidence  be  printed. 

Mr.  BRADLEY.  I  move,  as  a  substitute  for  that  motion,  that  both  Re- 
ports be  laid  upon  the  table. 

Mr.  BROOKS  inquired  of  the  Chair  the  attitude  of  the  question  before 
the  Convention. 

The  PRESIDEOT.  The  Chair  understands  that  the  Reports  were 
left  in  the  same  attitude  as  when  first  presented  to  the  Convention,  and 
that  they  are  now  subject  to  any  motion.  The  question  on  motions 
entertained  by  the  Chair,  on  Saturday,  was  not  put,  from  the  fact  that 
the  Chair  believed  the  motions  to  have  been  in  the  first  instance  erro- 
neously entertained.  The  Chair  does  not  understand  a  motion  to  lay  upon 
(  342  ) 


Jan.  27tli.]  AEKAXSAS  COXSTITrTIOXAL  COyVE^'TIOX.  [ITth  DaT 


Ashley  County  Election.— :M00EE. 


the  table,  print  a  certain  number  of  copies,  and  make  the  subject  the 
special  orclei-  of  the  clay  for  a  day  named,  to  be  capable  of  amendment, 
except  in  regard  to  the  last  two  particulars.  The  Chair,  having  improp- 
erly entertained  the  amendments,  ignored  them.  The  Convention  refused 
to  lay  the  Reports  upon  the  table  and  order  tliem  printed.  The  Chair 
erroneously, — as,  upon  investigation  of  the  authorities,  he  is  convinced, — 
entertained  certain  motions  vrhich  should  in  the  first  instance  have  been 
ruled  out  of  order.  The  Chair  does  not  desire  that  the  decision  made 
on  Saturday,  as  to  the  eflect  of  an  order  of  the  previous  question,  should 
be  taken  as  a  precedent.  The  question  should,  properly,  have  been  taken 
first  upon  the  motion  for  indefinite  postponement,  and  then  upon  such 
other  legitimate  amendments,  if  any,  as  were  before  the  Convention. 

The  gentleman  from  Pulaski  [Mr.  HI^'rlS]  now  moves  that  the  ]^Iajority 
Eeport  be  adopted,  and  be  printed,  together  with  the  accompanying  evi- 
dence. The  gentleman  from  Bradley  [Mr.  Bradley]  moves,  as  a  substi- 
tute, that  the  consideration  of  both  Reports  be  indefinitely  postponed. 
The  question  will  be  upon  the  substitute. 

Mr.  HICKS  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  HIXDS.  I  desire  to  say  a  word  before  the  question  is  put. 
The  PRESLDEXT.  The  qiiestion  is  not  debatable. 

The  question  was  taken  :  and  it  was  decided  in  the  negative, — Yeas  33, 
Xays  35,  as  follows: 

Yeas:  ]\Iessrs.  Beasley.  Bradley.  Coates.  Corbell.  Cypert.  Biivall.  Evans, 
Gantt.  Hicks.  HoUis.  Hodges  of  Crittenden.  Hoge.  Kyle.  ^Mason.  Matthews, 
Merrick.  Misner.  McCown."^  Moore.  Xorman.  Owen.  Portis.  Puntnev.  Eawlino-s, 
Eeynolds,  Eounsaville.  Samuels^  Shoppacb.  Sims.  Tan  Hook,  Walker.  Wilson, 
and  Wright— 33. 

^ATS:  Messrs.  Belden.  Beh.  Brashear,  Brooks.  Dale.  Exon.  Gray  of  Jeffer- 
son, Grey  of  Phillips.  Harrison,  Hatfield,  Hawkins.  Hinds.  Hinkle,  Hodges  of 
Pulaski,  Houghton.  Hutchinson.  Johnson.  Langley,  Mallory,  Millsaps.  Mont- 
gomery, Murphy,  McCown.*  Ohver.  Poole,  Priddy,  Eector.  Sarber.  Scott.  Smith, 
Snyder,  White,  Williams,  Wyatt,  and  the  President — 35. 

So  the  Convention  refused  to  indefinitely  postpone  the  consideration  of 
the  Reports. 

The  question  recurring  upon  the  motion  that  the  Majority  Report  be 
adopted,  and  be  printed,  with  the  accompanying  evidence, 

Mr.  MOORE  said :  I  move  to  amend  that  motion,  by  adding  the  ^li- 
nority  Report. 


*  By  manifest  inadvertence,  the  name  of  Mr.  McCowx  is  in  the  Journal  recorded  and 
counted  both  among  the  Teas  and  the  Nays. — Eeporter. 

(  343  ) 


1868.] 


DEBATES  AND  PEOOEEDINGS  OF  THE 


[Mondaj, 


Ashley  County  Election.— MOOEE—CYPEET—McCOWN— HINDS. 


Mr.  WILSO^N"  [in  his  seat.']  I  propose  to  add  to  that,  Mr.  Norman's  de- 
fence. 

After  some  discussion  as  to  the  parliamentary  aspect  of  the  question, 

Mr.  MOORE  explained  that  his  intention  was,  not  merely  to  add,  to  the 
motion  of  the  gentleman  from  Pulaski  [Mr.  Hinds]  a  provision  for  the 
printing  of  the  Minority  Keport,  but  to  renew  the  motion  of  Mr.  Cypert 
that  the  Minority  Report  be  adopted,  and  that  it  be  printed  with  the  evi- 
dence. 

Mr.  CYPERT  contended  that  the  Minority  Report  necessarily  took 
precedence  of  that  of  the  majority. 

The  PRESIDEOT.  The  books  treat  the  Minority  Report  as  only  some- 
thing to  be  tolerated.  Whatever  may  be  the  opinion  of  the  Chair  as  to 
the  parliamentary  propriety  of  a  proposition  to  substitute  a  majority  re- 
port for  that  of  a  minority,  the  Chair  will,  since  it  is  now  renewed  and 
insisted  upon,  consider  the  motion  of  the  gentleman  from  White  [Mr. 
Cypert], — made  when  the  Reports  were  first  presented  to  the  Conven- 
tion,— for  the  adoption  of  the  Minority  Report,  as  the-  question  primarily 
before  the  Convention,  and  will  consider  the  motion  of  the  gentleman 
from  Pulaski  [Mr.  Hinds],  to  adopt  the  Majority  Report,  and  print  it, 
together  with  the  accompanying  evidence,  as  a  substitute  therefor.  The 
question  will  be  upon  the  adoption  of  the  substitute. 

Mr.  McCOWN.  I  shall  oppose  the  motion,  for  this  reason.  When  the 
claims  of  the  gentlemen  from  Ashley  were  presented  to  this  body,  they 
were  referred  to  the  Committee  on  Elections.  The  business  of  that  Com- 
mittee was,  to  inquire  whether  these  gentlemen  were  entitled  to  their  seats. 
That  was  their  only  business.  I  do  not  think  that  question  should  be 
cumbered  with  facts  irrelevant  to  the  particular  issue.  If  gentlemen  want 
a  report  of  the  evidence  in  regard  to  the  general  conduct  of  the  election 
in  Ashley  County,  there  is  a  legitimate  way  in  which  it  can  be  reached. 
In  the  proper  shape,  I  should  be  willing  and  anxious  to  obtain  informa- 
tion, from  any  part  of  the  State,  in  regard  to  the  conduct  of  elections;  but 
to  encumber  this  special  question  of  the  right  of  these  gentlemen  to  their 
seats  in  this  body,  with  evidence  which  does  not  affect  the  matter  at  all, 
I  consider  improper ;  and  I  shall  oppose  it. 

Mr.  HII^DS.  As  a  member  of  the  Committee  on  Elections,  I  wish  to 
say  a  word.  I  understand  the  gentleman  from  Ashley  [Mr.  Is'orman]  to 
say  that  the  statements  of  the  Majority  Report  of  that  Committee  are  not 
borne  out  by  the  facts  elicited  in  evidence.  The  object  of  this  motion  is, 
to  exculpate  the  Committee  from  that  charge.  I  desire,  particularly,  that 
the  evidence  heard  shall  be  published  to  the  world.  It  should  be  to  the 
interest  of  the  gentlemen  who  represent  Ashley  County,  to  see  that  this 
is  done.  If  the  people  of  Ashley  County  claim  that  the  evidence  is  un» 
(  344  ) 


Jan.  27th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [17th  Day. 


Ashley  County  Election.— HINDS— CYPEET— MOORE. 


true,  they  have  abundance  of  opportunity  to  rebut  it.  In  justice  to  the 
gentlemen  representing  that  County,  that  should  be  the  action  of  this 
Convention.  The  gentleman  from  Prairie  [Mr.  Gaxtt],  who  presents  the 
Minority  Report,  is  in  favor  of  the  publication  of  the  testimony  taken  be- 
fore the  Committee.  I  particularly  desire  it;  and  that  the  Majority  Re- 
port shall  be  accompanied  by  the  evidence  taken  before  the  Committee. 
It  is  but  justice,  also,  to  the  Registrars  of  that  County,  upon  vhom  some 
reflections  have  been  cast  by  one  of  the  representatives  of  Ashley,  that  this 
evidence  should  go  before  the  world,  and  that  names,  dates,  places,  and 
all,  should  be  published,  in  order  that  we  may  know  what  action  to  take 
hereafter,  in  cases  where  such  outrages  may  take  place  as  are  here  charged. 

Mr.  CYPERT.  I  shall  certainly  call  for  a  division  of  the  question,  when 
the  vote  shall  be  taken ;  meantime,  I  would  offer  these  remarks.  I  am 
opposed  to  this  Convention  paying  for  the  printing  of  that  testimony.  I 
am  desirous,  hoAvever,  that  it  be  printed,  and  go  before  the  world,  in  order 
that  these  gentlemen  may  have  an  opportunity  to  refute  it.  I  feel  con- 
fident that  they  can  do  so.  But  for  this  body  to  pay  the  expense  of  print- 
ing a  batch  of  trash — of  political  documents, — for  the  purpose  of  pander- 
ing to  petty  political  influences,  I  take  to  be  out  of  the  purview  of  the 
Convention.  I  do  say,  however,  that  I  wish  the  whole  matter  to  go  be- 
fore the  world,  that  these  gentlemen  may  be  afforded  the  chance  to  con- 
tradict the  batch  of  stuff"  which  is  offered  here  as  testimony.  The  result 
which  I  desire  can  be  arrived  at  only  by  a  division  of  the  question,  so  that 
we  may  vote  separately  upon  the  questions  of  the  printing  of  the  testimony 
and  of  the  adoption  of  the  Report.  Some  gentlemen  may  wish  to  adopt 
the  Report,  who  would  not  be  in  favor  of  expending  the  money  of  the  State 
in  printing  this  trash.  At  the  same  time,  I  want  to  see  how  gentlemen 
propose  to  vote  upon  the  subject:  and  I  shall  call  for  the  yeas  and  nays  on 
the  question  of  the  adoption  of  that  Report — I  want  to  see  whether  gentle- 
men are  going,  by  adopting  the  Report,  to  assume  as  facts,  statements 
"proven"  by  testimony  that  could  never  have  been  introduced  before  any 
court  of  record  in  the  world — altogether  hearsay — mere  rumors — testi- 
mony, also,  which,  if  true,  shows  that  the  witnesses  have  been  derelict  in 
their  duty  as  sworn  officers  of  the  country.  If  gentlemen  are  ready  solemnly 
to  declare  that  report  to  be  true,  I  want  to  see  their  names. 

Mr.  MOORE.  I  desire  to  say  but  little.  I  will  state  that  neither  Ashley 
County,  nor  Ashley  County  delegates,  at  any  time  shrink  from  the  publi- 
cation of  this  testimony.  At  the  same  time,  the  publication  of  one  report, 
without  the  other,  does  us  injustice.  I  hope,  then,  the  gentleman  from 
Pulaski  [Mr.  Hinds]  will  amend  his  motion,  so  as  to  provide  that  both 
Reports  shall  be  printed,  and  that  no  action  shall  be  taken  until  they  are 
printed,  together  with  the  testimony.  I  hope  the  gentleman  will  be 
]iiagnanimous  enough  for  that.    I  believe  he  has  some  feehngs  of  magna^ 

(  345  )  . 


1868.] 


DEBATES  Al^D  PEOCEEDINGS  OF  THE 


[Monday, 


Ashley  County  Election.— MOORE— HINDS— HODG-ES  of  Pulaski. 


nimity  about  him ;  and  I  believe  he  will  come  up  to  the  rescue  of  my 
people,  in  that  way,  if  he  expects  to  travel  among  them.  He  expects  to 
visit  us,  to  associate  with  us ;  and  of  course  he  would  wish  that  Ashley 
County  should  have  justice.  We  do  not  shrink,  at  all,  from  the  printing 
of  the  testimony.  We  are  willing  to  be  held  up  before  the  world  in  just 
the  attitude  in  which  we  ought  to  stand.  All  that  we  want  is,  to  have 
the  facts  before  the  world  ;  and  I  do  hope  that  the  gentlemen  on  the  other 
side  will  consent  to  the  publication  of  the  whole  matter.  Let  the  world 
read  it — let  Ashley  read  it — let  Benton  read  it — let  Crittenden  read  it — 
let  it  be  read  all  over  Arkansas. 

We  come  here  for  one  common  purpose.  Ashley  County  has  already 
cost  the  State  of  Arkansas  three  thousand  dollars,  in  order  that  my  col- 
league [Mr.  IsTorman]  and  myself  might  take  a  seat  in  this  body.  I  want 
this  question  disposed  of.  I  am  tired  of  hearing  of  the  Ashley  County 
case  " — it  worries  me — it  worries  me  exceedingly.  I  hope  that  all  that 
has  been  said  upon  this  floor,  and  all  that  has  been  elicited  as  testimon}^ 
in  the  committee-room,  will  be  published,  and  that  the  whole  matter  will 
then  be  laid  upon  the  Secretary's  table,  and  never  referred  to  again.  Let 
the  world  know  that  there  are  some  reckless  boys  in  Ashley  County. 
There  are  such  in  every  county  in  Arkansas,  and  in  every  county  in  the 
United  States.  I  am  not  confined,  in  my  observations,  to  Arkansas;  I 
have  been  in  other  parts  of  the  United  States.  I  know  that  there  are 
reckless  and  foolish  young  men  in  every  part  of  the  country.  I  know 
that  all  parties,  everywhere,  at  elections,  use  their  most  vehement  energy, 
in  working  for  their  friends.  They  do  so  in  Arkansas ;  and  they  will  con- 
tinue to  do  so ;  for  a  man  in  Arkansas,  when  he  is  a  friend  to  another, 
sticks  as  close  as  a  brother.    I  am  glad  it  is  so. 

I  repeat  the  expression  of  my  hope  that  gentlemen  will  consent  that 
both  Reports,  with  the  accompanying  evidence,  be  printed,  and  that 
until  that  time  no  action  shall  be  taken.  There  are  many  gentlemen  here 
w^ho  have  not  read  the  testimony.  They  have  only  heard  it  read.  They 
do  not  know  all  the  facts.  I  want  them  to  read  it  carefully — to  take  it 
with  them  to  their  retirement,  and  to  look  at  it  just  as  would  a  jury  who 
had  retired  to  their  jury-room  to  make  up  a  verdict. 

Mr.  HII^DS.  I  think  there  is  no  disposition,  upon  the  part  of  any  gen- 
tleman, to  exclude  the  publication  of  the  Minority  Report.  It  is  but  justice 
to  the  other  party  that  that  Report  should  accompany  the  Report  of  the 
majority.  We  have  no  objection  to  that.  We  desire  that  the  Majority 
Report  be  adopted,  and  shall  insist  upon  its  adoption ;  and  we  think  it 
but  just  and  proper  that  the  evidence  should  accompany  it,  in  answer  to 
the  reflections  which  have  been  cast  upon  the  Committee. 

Mr.  HODGES,  of  Pulaski.  I  did  not  intend  to  say  any  more  on  this 
subject.  I  offered  a  motion,  the  other  day,  that  the  entire  matter  be 
(  346  ) 


Jan.  27th.]  AEKAIS^SAS  COjS^STITUTIO^^AL  CONYE^n'TIO^sT.  [17tli  Day. 


Ashley  County  Election.— HODGES  of  Pulaski— BEADLEY—SAEBER. 


printed,  and  made  a  special  order.  I  think  it  is  unusual  to  adopt  and  then 
print.  For  if  we  adopt  a  report,  that  ends  the  matter.  I  do  not  know 
that  we  then  need  any  printing.  It  was  in  order  that  we  might  vote  in- 
telligently, that  I  ofi'ered  my  motion,  the  other  day,  that  both  Eeports  be 
laid  upon  the  table  and  be  made  the  special  order  for  another  day, — in 
order  that  we  might  read,  digest,  understand,  and  vote  accordingly.  I 
have  no  objections,  now,  to  the  immediate  adoption  of  the  Majority  Report; 
but  if  we  are  to  take  that  course,  we  do  not  need  the  Report  printed. 

Mr.  BRADLEY.  I  do  not  see,  sir,  for  my  life,  how  this  Convention  has 
cognizance  of  that  Report,  otherwise  than  as  it  involves  the  contest  as  to 
a  title  to  seats  upon  this  floor.  If  so  much  of  that  Report  as  recommended 
Messrs.  iSToRMAX  and  Moore  to  take  their  seats  as  delegates  from  Ashley 
County  was  adopted,  we  certainly  adopted  as  much  of  the  Report  as  we 
had  any  occasion,  or  any  right,  to  adopt.  If  there  is  any  outside  testi- 
mony, having  relation  to  political  parties  and  political  aspirations,  it  cer- 
tainly is  matter  on  which  the  State  is  not  to  go  to  any  expense.  I  do  not 
think  any  man  here  wants,  when  he  goes  home,  to  And  himself  placed 
upon  the  record  as  voting  to  take  the  time  and  money  of  the  State  for  the 
purpose  of  circulating  a  political  document.  We  have  attended  to  all 
over  which  we  have  jurisdiction;  and  here  we  are  wasting  time  and 
money,  merely  to  gratify  political  ambition,  on  one  side  or  another.  I 
regard  such  a  course  as  simply  ridiculous.  If  there  is  anything,  in  either 
of  these  Reports,  involving  the  political  character  and  standing  of  either 
of  the  parties,  it  behooves  them,  in  their  own  vindication,  to  see  that  it  is 
published.  It  behooves  not  us,  as  a  convention,  after  the  only  legitimate 
question,  that  in  regard  to  the  title  to  seats,  has  been  settled,  and  the  gen- 
tlemen are  actually  occupying  their  places,  to  be  making  speeches  for  and 
against  a  measure  upon  which  we  have  already  passed,  and  simply  because 
it  will  have  an  outside  influence  in  this  direction  or  in  that,  and  bolster  " 
up  this,  that,  or  the  other  party.  This  Convention  is  to  be  considered  a 
body  separate  and  apart  from  political  influences, — to  legislate  for  the 
good  of  the  country,  and  not  to  compromise  its  dignity  by  delving  down 
into  the  low  places  of  political  contest,  and  spending  the  hard  earnings  of 
the  people  in  the  mere  interest  of  party.  I  protest  against  this  proceeding. 
We  have  indulged  in  enough  of  this  kind  of  legislation.  In  the  name  of 
God,  let  us  have  done  with  it  I  let  us  wash  our  hands  of  it,  and  no  longer 
turn  aside  to  dabble  in  the  muddy  waters  of  personal  political  conflict! 
When  we  have  decided  the  question  legitimately  before  us,  we  have  de- 
cided all  that  the  civilized  and  intelligent  world  will  recognize  as  our 
afiair.  The  main  issue  has  been  settled ;  and  we  are  fooling  away  our 
time,  and  robbing  the  Treasury  of  the  hard  earnings  of  the  people. 

Mr.  SARBER.  From  the  remarks  of  the  gentleman,  I  do  not  think  he 
has  heard  the  Report  of  the  Committee. 

(  347  ) 


1868.] 


DEBATES  A^TD  PEOCEEDmGS  OF  THE  [Monday, 


Ashley  County  Election.— SAEBEE—BEASLEY. 

« 

Mr.  BRADLEY  [in  his  seat.']  Better  posted  than  you  think  I  am. 

Mr.  SARBER.  Probably  better.  The  question  at  issue  between  the 
Majority  and  Minority  Reports  is,  whether  we  have  the  right  to  determine 
the  qualilications  of  members.  We  ask  that  the  matter  may  come  before 
the  Convention.  We  have  said  nothing,  to  the  world,  to  bolster  up  any 
political  party,  or  set  of  men ;  we  have  asked  only  that  the  whole  matter 
go  to  the  Convention,  since  gentlemen  upon  this  floor  have  represented 
the  Committee  as  actuated  by  partisan  motives,  and  have  also  character- 
ized the  testimony  of  the  witnesses  as  false,  and  wilfully  false.  We  ask 
only  that  the  Convention  shall  decide  the  question  for  themselves,  and 
take  the  onus  from  the  shoulders  of  the  Committee.  That  is  all  we  ask. 
We  shall  insist  upon  the  adoption  of  the  Majority  Report. 

Mr.  BEASLEY.  I  stand  here  as  one  of  the  representatives  of  twenty- 
one  hundred  registered  voters,  and  as  one  of  the  representatives  of  the 
tax-payers  on  a  million  of  property.  I  conceive,  sir,  that  the  mere  refer- 
ence of  the  matter  under  discussion,  to  the  Committee  on  Elections,  was 
not,  perhaps,  inappropriate ;  and  I  conceive  that  when  that  Committee 
reported  that  the  gentlemen  in  question  were  entitled  to  their  seats,  that 
was  . all  we  had  to  do  with  the  matter.  With  evidence  outside  of  that, 
we  have  nothing  to  do;  and  I  am  determined,  when  I  go  home,  to  show 
to  the  people  of  Columbia  County  that  I  opposed  the  lugging  in  of  any 
measures,  whatever,  that  would  tax  the  people  to  the  extent  of  three  days' 
labor  of  this  Convention,  for  a  matter  wholly  irrelevant  to  the  object  for 
w^hich  w^e  assembled.  I  must  therefore  cast  my  vote  against  the  proposi- 
tion. Three  days  have  now  been  expended,  here,  about  nothing.  The 
Committee  has  reported  that  the  gentlemen  were  entitled  to  their  seats. 
That  Report  precludes  all  testimony  outside  of  the  particular  question 
involved.  Suppose  we  undertake  to  ferret  out  all  the  frauds,  and  look  up 
all  the  threats,  that  have  been  used,  in  this  w^retched  canvass  through  which 
we  have  all  passed.  If  that  is  to  be  done,  you  may  go  to  Columbia 
County,  and  find  that  men  were  threatened  and  intimidated,  to  keep  them 
from  the  polls.  You  will  find  the  same  state  of  facts  in  any  county  in  the 
State.  But  we  have  succeeded,  and  the  commanding  General  has  decided 
that  we  are  entitled  to  our  seats.  He  has  decided  that  these  gentlemen 
are  entitled  to  their  seats;  the  Committee  has  decided  that  they  are  so 
entitled  :  and  what  more  do  we  care  for  ?  Do  we  care  to  publish  rumors, 
in  regard  to  this  election,  that  may  result  in  the  taking  of  lives  in  that 
County  ?  We  should  be  peacemakers.  I  am  a  peacemaker;  and  in  being 
so  I  am  happy  in  the  knowledge  that  happy  is  the  man  who  will  strive  to 
cover  the  faults  and  foibles  of  his  fellows-beings.  They  have  done  wrong, 
perhaps,  in  Ashley  County ;  but  these  gentlemen  have  their  seats,  under 
the  decision  of  the  military  commander,  and  of  your  honorable  Commit- 
tee. What  more  do  we  care  to  know? 
(  348  ) 


Jan.  27th.]  AEKAIS^SAS  CONSTITUTIONAL  CONYENTION.  [ITtli  Day. 


Ashley  County  Election.— KYLE— GKET. 

I  shall  oppose  the  motion  to  print  the  Report. 

Mr.  KYLE.  I  did  not  propose  to  have  anything  to  say  upon  this  ques- 
tion, for  the  express  reason  that  I  did  not  desire  to  consume  the  time  of 
the  Convention  in  the  discussion  of  so  unimportant  a  matter.  I  regard 
it  as  unimportant,  for  the  reason  that  the  members  from  Ashley  County 
were  admitted  to  their  seats,  and  that  both  the  Majority  and  Minority  Re- 
ports reach  the  same  conclusion.  I  did  hope  we  would  not  spend  so  much 
time  in  a  discussion  of  the  propriety  of  publishing  these  Reports,  after  a 
conclusion  had  been  reached.  If,  however,  the  Majority  Report  is  to  be 
published,  most  assuredly  the  Minority  Report  should  be  published  also. 
Let  those  who  may  be  interested  in  the  question,  see  both  sides.  I  see  no 
great  unfairness  in  either  of  the  Reports.  That  the  Committee  had  a 
right  to  come  to  the  conclusion  that  informalities,  and  illegal  acts,  had 
taken  place  in  Ashley  County  is  undoubtedly  true.  The  testimony  so 
states.  I  shall  not  undertake,  at  all,  to  decide  upon  the  credibility  of  that 
testimony.  I  take  it  to  be  true,  as  I  would  in  the  case  of  any  other  testi- 
mony, until  it  is  impeached  and  disgraced.  The  Minority  Report  simply 
recites  the  course  prescribed  by  the  Reconstruction  Acts,  with  regard  to 
the  election  and  admission  of  members.  For  the  very  reason  that  nothing 
can  be  practically  accomplished  by  pursuing  this  matter,  I  voted  for  its 
postponement.  If,  however,  the  Convention  desires  the  publication  of 
the  Majority  Report,  why  then,  in  the  name  of  common  sense,  publish 
the  other  with  it. 

With  these  views,  I  move  to  amend  the  motion  of  the  gentleman  from 
Pulaski  [Mr.  Hinds],  by  including,  in  the  order  of  publication,  both  Re- 
ports. Then,  everybody  who  wishes  to  make  capital  out  of  them,  here- 
after, may  examine  them,  if  they  so  desire.  For  my  own  part,  I  have  no 
use  for  them. 

Mr.  G-REY,  of  Phillips.  It  will  be  remembered  that  when  the  creden- 
tials were  presented,  I  voted  for  the  admission  of  these  gentlemen  to  their 
seats  ;  and  as  the  two  Reports  start  from  different  sources,  to  reach  the 
same  point,  it  will  be  difficult  for  me  to  vote  upon  this  question,  unless 
both  Reports  shall  be  included.  I  suppose  all  deliberative  bodies  in  this 
country  set  out  from  the  principles  laid  down  in  the  Constitution  of  the 
United  States.  In  Article  I,  Section  5,  of  that  article,  it  is  provided, 
in  regard  to  the  Congress,  that 

"Each  house  shall  be  the  judge  of  the  elections,  returns,  and  quahfications 
of  its  own  members." 

In  this  case,  these  two  propositions,  in  my  opinion,  have  been  divided, 
from  the  simple  fact  that  the  supplementary  Reconstruction  Act,  Section 
4,  contains  the  following  provisions : 

And  be  it  further  enacted,  That  the  commanding  general  of  each  district 

(  349  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Monday, 


Ashley  County  Election.— GKEY—McCOWN. 


shall  appoint  as  many  boards  of  registration  as  may  be  necessary,  consisting 
of  three  loyal  officers  or  persons,  to  make  and  complete  the  registration,  super- 
intend the  election,  and  make  return  to  him  of  the  votes,  list  of  voters,  and  of 
the  persons  elected  as  delegates  by  a  plurality  of  the  votes  cast  at  said  elec- 
tion ;  and  upon  receiving  said  returns  he  shall  open  the  same,  ascertain  the 
persons  elected  as  delegates,  according  to  the  returns  of  the  officers  who  con- 
ducted said  election,  and  make  proclamation  thereof;  and  if  a  majority  of  the 
votes  given  on  that  question  shall  be  for  a  convention,  the  commanding  general, 
within  sixty  days  from  the  date  of  election,  shall  notify  the  delegates  to  as- 
semble in  convention,  at  a  time  and  place  to  be  mentioned  in  the  notification.'^ 

N'ow,  sir,  according  to  my  idea,  this  section  of  the  Reconstruction  Act, 
as  I  have  before  remarked,  divides  itself  into  these  two  grand  propositions. 
It  makes  the  commanding  General,  in  the  first  place,  the  judge  of  the  elec- 
tion returns;  and  under  that  idea  I  voted  that  these  gentlemen  might  take 
their  seats.  As  regards  the  qualifications  necessary,  I  make  no  doubt  that 
this  body  retains  the  power  to  examine,  if  necessary,  into  those  qualifica- 
tions, or  into  any  irregularities  that  may  come  to  their  knowledge.  That 
is  a  difi:erent  matter,  and  may  be  investigated,  upon  proper  information, 
after  delegates  have  taken  their  seats.  I  presume  the  Majority  Report 
assumes  the  right  to  examine  the  qualifications  of  the  members.  The 
Minority  Report  speaks  simply  in  regard  to  the  right  of  these  gentlemen 
to  their  seats,  on  the  ground  of  the  validity  of  their  elections.  Under  the 
decision  of  the  commanding  General,  I  must  vote  to  allow  them  to  take 
their  seats.  As  to  their  qualifications,  I  might  have  my  own  opinion. 
But  as  both  Reports  come  to  the  same  conclusion,  I  am  willing  that  both 
be  printed,  and  that  the  matter  rest  there. 

Mr.  McCOWIT.  I  am  opposed  to  printing  either.  I  think  it  wholly 
unnecessary.  The  gentleman  from  Pulaski  [Mr.  Hinds],  who  followed 
me  when  I  was  on  my  feet  before,  misunderstood  me.  I  have  no  dispo- 
sition to  keep  any  of  these  facts  from  the  world.  I  think  it  is  out  of  time, 
to  print  them  in  this  connection,  and  that  it  is  out  of  order,  i^othing  is 
more  clear  to  my  mind  than  that  the  only  fact  which  the  Committee  had 
to  report  upon  was  as  to  the  eligibility  of  the  gentlemen  from  Ashley,  to 
their  seats.  That  question  has  been  determined;  and  the  gentlemen 
occupy  their  seats.  The  gentleman  from  Johnson  Count}^  [Mr.  Sarber] 
says  it  is  a  matter  of  justice  to  the  witnesses,  who  have  been  discredited, 
upon  this  floor,  by  the  gentlemen  from  Ashley.  We  do  not  sit  here  as  a 
jury,  to  try  a  question  of  veracity  between  the  witnesses  and  the  gentle- 
men from  Ashley  Count}^  That,  they  may  settle  upon  some  other  field, 
and  in  some  other  form. 

It  would  not  be  improper  for  the  Committee  to  lay  these  facts,  in  a 
separate  report,  before  this  Convention,  for  its  action;  and  I  have  no  ob- 
jection to  their  so  doing. 
(  350  ) 


Jan.  27tli.]  ARKANSAS  COXSTITUTIOXAL  COXYEXTIOX.  [17th  Day, 


Ashley  County  Election.— GENEEAL  DEBATE. 


Mr.  SAEBER.  The  gentleman  must,  manifestly,  have  misunderstood 
me.  I  said  that,  as  a  committee,  we  had  no  right  to  examine  into  the 
credibility  of  these  witnesses,  until  they  were  impeached;  and  that  we 
wished  permission,  merely,  to  introduce  the  evidence  upon  which  we 
acted,  in  order  to  show  the  Convention  the  basis  of  the  Report  which  we 
submitted. 

Mr.  McCOTVX.  That  does  not  materially  change  the  attitude  of  the 
question.  The  main  question  for  that  Committee  to  decide,  was  upon 
the  eligibility  of  the  gentlemen  from  Ashley  County,  to  take  their  seats. 
If  it  is  necessary  to  carry  out  the  object  which  the  gentleman  names,  the 
proper  method  of  attaining  the  object  is  by  a  separate  report. 

The  PRESIDENT.  The  Chair  will  state  the  question.  The  gentleman 
from  White  [Mr.  Cypert]  moves  the  adoption  of  the  Minority  Report. 
The  gentleman  from  Pulaski  [Mr.  Hinds]  moves,  as  a  substitute,  the 
adoption  of  the  Majority  Report,  and  that  it  be  printed,  with  the  accom- 
panjdng  evidence.  The  gentleman  from  Dallas  [Mr.  Kyle]  moves  that 
both  the  Reports,  together  with  the  evidence,  be  printed. 

After  some  inquiry  as  to  the  attitude  of  the  question  before  the  Con- 
vention, 

Mr.  KYLE  stated  that  he  would  greatly  prefer  that  neither  report 
should  be  printed,  but  that  if  either  was  to  appear  in  that  form  before  the 
Convention,  both  should  so  appear. 

Mr.  MATTHEWS  asked  whether  a  substitute  for  the  entire  proposition 
would  be  in  order. 

The  PRESIDEXT.  An  additional  amendment,  in  the  nature  of  a  sub- 
stitute, would  be  in  order. 

Mr.  MATTHEWS.  I  move  that  the  Majority  Report  be  respectfully 
referred  to  the  Republican  State  Central  Committee,  and  the  Minority 
Report  to  the  Democratic  State  Convention  now  in  session.  [Laughter.] 

Mr.  SMITH  called  for  a  division  of  the  question,  first  upon  the  adop- 
tion of  the  Majority  Report,  and  then  upon  the  order  to  print. 

The  PRESIDEXT.  The  call  will  be  in  order  after  the  Convention  shall 
have  decided  upon  the  substitute,  and  upon  the  last  amendment. 

Mr.  WILSOX.  I  wish  to  know  why,  if  the  Report  is  adopted,  we  pro- 
pose to  make  it  a  special  order  of  the  day.  If  the  Report  is  adopted,  what 
more  do  we  want  of  it? 

The  PRESIDEX^T.  The  only  province  of  the  Chair,  is,  to  state  the 
question  before  the  Convention.  The  question  is  upon  the  substitute 
offered  by  the  gentleman  from  Drew  [Mr.  Matthews.] 

Mr.  HODGES,  of  Pulaski,  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  CYPERT.  I  apprehend  that  the  gentleman's  substitute  was  otfered 
merely  in  levity. 

(  351  ) 


1868.] 


DEBATES  AI^D  PEOCEEDmGS  OF  THE 


[Monday, 


Ashley  County  Election.— CYPEKT—McCOWN—MOOKE—SAKBER. 


Mr.  MATTHEWS  {in  his  seaf]  I^o,  sir. 

Mr.  CYPERT.  It  seems  to  me,  however,  that  the  substitute  is  not  in 
order.  We  cannot  refer  a  proposition,  brought  before  the  Convention,  to 
any  body  outside  of  this.  It  might  be  very  proper,  in  itself,  to  take  the 
course  which  the  gentleman  indicates;  but  I  do  not  see  that  it  is  in  order. 

The  PEESIDEOT.  The  motion  is  in  order. 

The  SECRETARY  began  the  calling  of  the  roll,  when 

Mr.  CYPERT  appealed  from  the  decision  of  the  Chair. 

The  PRESIDENT.  It  is  too  late  to  raise  the  point  of  order,  as  the 
Secretary  has  already  called  one  name. 

The  vote  was  then  taken  [amid  much  laughter]  upon  the  adoption 
of  the  substitute;  and  it  was  decided  in  the  negative, — Yeas  10,  ]N"ays 
61,  as  follows : 

Yeas  :  Messrs.  Beasley,  Bradley,  Hicks,  Kyle,  Matthews,  Puntney,  Rounsa- 
ville.  Walker,  Wilson,  and  Wyatt — 10. 

l^AYs:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Cypert, 
Dale,  Duvall,  Evans,  Exon,  G-antt,  Gray  of  Jefferson,  Grey  of  Phillips,  Har- 
rison, Hatfield,  Hawkins,  Hinds,  Hollis,  Hodges  of  Crittenden,  Hodges  of 
Pulaski,  Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Merrick, 
Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Owen,  Poole,  Portis,  Priddy, 
Eawlings,  Rector,  Samuels,  Sarber,  Scott,  Shoppach,  Sims,  Smith,  Snyder,  Yan 
Hook,  White,  Williams,  Wright,  and  the  President — -51. 

So  the  substitute  was  rejected. 

Pending  the  call  of  the  roll : 

Mr.  CYPERT  (when  his  name  was  called)  said :  I  ask  to  be  excused 
from  voting  upon  this  question,  because  T  look  upon  it  as  wholly  out  of 
order,  and  as  seeking  an  object  which,  of  course,  we  cannot  reach. 

Mr.  HODGES,  of  Pulaski,  objected.  * 

Mr.  CYPERT.  I  vote  ITo. 

Mr.  McCOWiT  (when  his  name  was  called)  said :  I  think  there  is  where 
both  papers  should  go ;  yet,  knowing  that  we  have  no  right  to  send  them 
there,  or  any  means  of  so  doing,  I  vote  No. 

Mr.  MOORE  (when  his  name  was  called)  said:  I  would  like  to  be 
excused  from  voting.  [Cries  of  "]N^o!"  "  Face  the  music !"]  [Renewed 
merriment.]  It  is  so  ridiculous,  to  go  to  the  world ! 

The  SECRETARY.  Mr.  Moore  ! 

Mr.  MOORE.  No  !  [Fresh  laughter.]  ^ 

Mr.  SARBER  (when  his  name  was  called)  said  :  I  think  this  proceeding 
is  very  frivolous,  unbecoming,  and  out  of  place.    I  shall  vote  'No, 
The  vote  was  then  announced,  as  above. 

The  question  was  then  taken  on  the  amendment  providing  that  both 
(  352  ) 


Jan.  27th.]  AEKA^S^SAS  COXSTITUTIOXAL  COXYEXTIOX.  [17th  Day. 


Eeport  of  Committee  on  Amending  and  Eevising  Constitution. 

Reports,  witli  the  acof)mpanying  evidence,  be  printed ;  and  the  motion 
was  agreed  to. 

The  PRESIDENT  announced  the  question  to  be  upon  the  substitute, 
for  the  adoption  of  the  Majority  Report,  in  heu  of  that  of  the  minority. 

Mr.  MONTGOMERY  desired  to  see  the  Reports  printed,  together  with 
the  testimony,  before  he  should  be  called  to  act  upon  either;  and  with  a 
view  to  vote  understandingly  would  move  to  defer  the  consideration  of  the 
question  upon  the  adoption  of  the  Report,  until  Monday,  Eebruary  3d. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

AMENDMENT  AND  REVISION  OF  CONSTITUTION. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  rules  be  suspended,  in  order 
to  allow  the  presentation  of  reports  of  committees. 

The  question  was  taken;  and  the. motion  was  agreed  to. 

Mr.  XYLE,  on  behalf  of  the  Committee,  presented  the  following 

KEPOET  OF  COMMITTEE  OX  AIMEis^DIXG  A^s^D  EEYISIXG  COXSTITUTIOX. 

To  the  Fresident  and  Members  of  the  Constitutional  Convention  : 

The  Committee  on  Amending  and  Eevising  the  Constitution,  have  had  the 
same  under  consideration,  and  beg  leave  to  report : 

The  G-eneral  Assembly  may,  at  any  time,  after  the  year  eighteen  hundred  and 
seventy-three,  propose  such  amendments  to  this  Constitution  as  two-thirds 
of  each  house  shall  deem  expedient,  which  shall  be  published  in  all  the  news- 
papers published  in  this  State,  three  several  times,  at  least  twelve  months 
before  the  next  general  election;  and  if,  at  the  first  session  of  the  General 
Assembly  after  such  general  election,  two-thirds  of  each  house  shall,  by  yeas 
and  nays,  ratify  such  proposed  amendments,  they  shall  be  valid  to  all  intents 
and  purposes  as  parts  of  this  Constitution.  Provided,  That  such  proposed 
amendments  shall  be  read  on  three  several  days  in  each  house,  as  well  when 
the  same  are  proposed  as  when  they  are  finally  ratified. 

G.  H.  Kyle, 

Chairman  Committee. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Report  be  laid  upon  the 
table,  that  one  hundred  copies  be  printed  for  the  use  of  the  members  of 
the  Convention,  and  that  it  be  made  the  special  order  of  the  day  for 
Friday,  January  31st. 

The  question  was  taken  ;  and  the  motion  was  agreed  to. 


23 


(  353  ) 


1868.] 


DEBATES  AND  PEOCEEDIJSTGS  OF  THE  [Monday, 


Eeport  of  Committee  on  Preamble  and  Bill  of  Rights. 
PREAMBLE  TO  CONSTITUTION,  AND  BILL  OF  RIGHTS. 

Mr.  BROOKS,  on  behalf  of  the  Committee,  presented  the  following 

REPOET  OF  COMMITTEE  ON  PREAMBLE  AND  BILL  OE  RIGHTS. 
CONSTITUTION  OP  AEKANSAS -1868. 
PREAMBLE. 

We,  the  people  of  the  State  of  Arkansas,  gratefal  to  G-od  for  our  civil  and 
religious  liberty,  and  desiring  to  perpetuate  its  blessings  and  secure  the  same 
to  ourselves  and  our  posterity,  do  ordain  and  establish  this  Constitution  : 

ARTICLE  L 
BILL  OF  RIGHTS. 

Section  One.  All  political  power  is  inherent  in  the  people.  Government  is 
instituted  for  the  protection,  security,  and  benefit  of  the  people;  and  they  have 
the  right  to  alter  or  reform  the  same  whenever  the  public  good  may  require 
it.  But  the  paramount  allegiance  of  every  citizen  is  due  to  the  Federal  Gov- 
ernment, in  the  exercise  of  all  its  Constitutional  powers,  as  the  same  have  been 
or  may  be  defined  by  the  Supreme  Court  of  the  United  States :  and  no  power 
exists  in  the  people  of  this  or  any  other  State  of  the  Federal  Union  to  dissolve 
their  connection  therewith,  or  perform  any  act  tending  to  impair,  subvert,  or 
resist,  the  supreme  authority  of  the  United  States.  The  Constitution  of  the 
United  States  confers  full  powers  on  the  Federal  Government  to  maintain  and 
perpetuate  its  existence,  and  whensoever  any  portion  of  the  States,  or  the 
people  thereof,  attempt  to  secede  from  the  Federal  Union,  or  forciblj^  resist  the 
execution  of  its  laws,  the  Federal  Government  may,  by  warrant  of  the  Consti- 
tution, employ  armed  force  in  compelling  obedience  to  its  authority. 

Section  Two.  The  liberty  of  the  press  shall  forever  remain  inviolate.  The 
free  communication  of  thoughts  and  opinions  is  one  of  the  invaluable  rights  of 
man,  and  all  persons  may  freel}^  speak,  write,  and  publish,  their  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  such  right.  In  prosecutions  for 
the  publication  of  j)apers  investigating  the  ofiicial  conduct  of  officers,  or  men  in 
public  capacity,  or  where  the  matter  published  is  proper  for  public  information, 
the  truth  thereof  may  be  given  in  evidence. 

Section  Three.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
together  for  their  common  good,  to  instruct  their  representatives,  and  to  petition 
for  the  redress  of  grievances,  and  other  proper  purposes. 

Section  Four.  The  citizens  of  this  State  shall  have  the  right  to  keep  and 
bear  arms  for  their  common  defence. 

Section  Five.  The  right  of  trial  by  jury  shall  remain  inviolate,  and  shall 
extend  to  all  cases  at  law  without  regard  to  the  amount  in  controversy ;  but  a 
jury  trial  may  be  waived  by  the  parties  in  all  cases,  in  the  manner  prescribed 
by  law. 
(  354  ) 


Jan.  27th.]  AEKAi^SAS  COlSTSTITUTIOlSrAL  CO^^YENTIOK  [17th  Day. 


Keport  of  Committee  on  Preamble  and  Bill  of  Eights. 


Section  Six.  Excessive  bail  shall  not  be  required,  nor  shall  excessive  fines 
be  imposed,  nor  shall  cruel  nor  unusual  punishments  be  inflicted,  nor  witnesses 
be  unreasonably  detained. 

Section  Seven.  In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial  by  an  impartial  jury  of  the  county  or  judicial  dis- 
trict wherein  the  crime  shall  have  been  committed — which  county  or  district 
shall  have  been  previously  ascertained  by  law — and  to  be  informed  of  the 
nature  and  cause  of  the  accusation  against  him,  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel  in 
his  defeoce. 

Section  Eight.  'No  person  shall  be  held  to  answer  a  criminal  offence  unless 
on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases  of  impeach- 
ment, or  in  cases  of  petit  larceny,  assault,  assault  and  battery,  affray,  vagrancy, 
and  such  other  minor  cases  as  the  General  Assembly  shall  make  cognizable  by 
Justices  of  the  Peace,  or  arising  in  the  army  or  navy  of  the  United  States,  or 
in  the  militia  when  in  actual  service  in  time  of  war  or  ^^nblic  danger:  and  no 
person  after  having  been  once  acquitted  by  a  jury,  can,  for  the  same  offence,  be 
again  put  in  jeopardy  of  life  or  liberty;  but  if,  in  any  criminal  prosecution,  the 
jury  be  divided  in  opinion,  the  court  before  which  the  trial  shall  be  had  may 
in  its  discretion  discharge  the  jury  and  commit  or  bail  the  accused  for  trial  at 
the  same  or  the  next  term  of  said  court ;  nor  shall  any  person  be  compelled 
in  any  criminal  case  to  be  witness  against  himself,  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of  law.  All  persons  shall,  before 
conviction,  be  bailable  by  sufficient  sureties,  except  for  capital  offences — murder 
and  treason — when  the  proof  is  evident  or  the  presumption  great;  and  the 
privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended  unless  when,  in 
cases  of  rebellion  or  invasion,  the  public  safety  may  require. 

Section  jS'ine.  Every  person  is  entitled  to  a  certain  remedy,  in  the  laws,  for 
all  injuries  or  wrongs  which  he  may  receive  in  his  person,  property,  or  char- 
acter; he  ought  to  obtain  justice  freely  and  without  purchase,  completely  and 
without  denial,  promptly  and  without  delay,  conformably  to  the  laws. 

Section  Ten.  Treason  against  the  State  shall  only  consist  in  levying  war 
against  the  same,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  jDerson  shall  be  convicted  of  treason  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  act,  or  on  confession  in  open  court. 

Section  Eleven.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall  not 
be  violated;  and  no  warrant  shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place  to  be  searched  and 
the  person  or  things  to  be  seized. 

Section  Twelve.  No  bill  of  attainder,  ex  post  facto  law,  nor  any  law  impair- 
ing the  obligation  of  contracts,  shall  ever  be  passed;  and  no  conviction  shall 
work  corruption  of  blood  or  forfeiture  of  estate. 

Section  Thirteen.  No  person  shall  be  imprisoned  for  debt  in  this  State  ; 
but  this  shall  not  prevent  the  General  Assembly  from  providing  for  imprison- 
ment or  holding  to  bail  persons  charged  with  fraud  in  contracting  said  debt. 

(  355  ) 


1868.] 


DEBATES  Al^D  PEOCEEDmGS  OF  THE 


[Monday, . 


Eeport  of  Committee  on  Preamble  and  Bill  of  Eights. 


A  reasonable  amount  of  property  shall  be  exempt  from  seizure  or  sale  for  the 
payment  of  debts  or  liabilities.  The  amount  of  such  exemption  shall  be 
determined  by  law. 

Section  Fourteen.  Private  property  shall  not  be  taken  for  public  use  with- 
out just  compensation  therefor. 

Section  Fifteen.  The  military  shall  be  subordinate  to  the  civil  power.  No 
standing  army  shall  be  kept  up  in  this  State  in  time  of  peace ;  and  no  soldier 
shall  in  time  of  peace  be  quartered  in  any  house,  without  the  consent  of  the 
owner,  nor  in  time  of  war  but  in  a  manner  prescribed  by  law. 

Section  Sixteen.  Suits  may  be  brought  by  or  against  the  State,  in  such 
manner  and  in  such  courts  as  may  be  by  law  provided. 

Section  Seventeen.  The  G-eneral  Assembly  shall  not  grant,  to  any  citizen 
or  class  of  citizens,  privileges  or  immunities  which  upon  the  same  terms  shall 
not  equally  belong  to  all  citizens. 

Section  Eighteen.  The  right  of  suffrage  shall  be  protected  by  laws  regu- 
lating elections,  and  prohibiting,  under  adequate  penalties,  all  undue  influence 
from  bribery,  tumult,  or  other  improper  conduct. 

Section  Nineteen.  Foreigners  who  are  or  may  becolne  bo7ia  fide  residents 
of  this  State,  shall  be  secured  the  same  rights  in  respect  to  the  acquisition, 
possession,  enjoyment,  and  descent,  of  property  as  are  secured  to  native-born 
citizens. 

Section  Twenty.  No  religious  test  or  amount  of  property  shall  ever  be 
required  as  a  qualification  for  any  office  of  public  trust  under  the  State.  No 
religious  test  or  amount  of  property  shall  ever  be  required  as  a  qualification 
of  any  voter  at  any  election  in  this  State;  nor  shall  any  person  be  rendered 
incompetent  to  give  evidence  in  any  court  of  law  or  equity,  in  consequence  of 
his  opinion  upon  the  subject  of  religion;  and  the  mode  of  administering  an 
oath  or  affirmation  shall  be  such  as  shall  be  most  consistent  with  and  binding 
upon  the  conscience  of  the  person  to  whom  such  oath  or  affirmation  may  be 
administered. 

Section  Twenty-one.  Any  person  who  shall,  after  the  adoption  of  this  Con- 
stitution, fight  a  duel,  or  send  or  *accept  a  challenge  for  that  purpose,  or  be 
aider  or  abettor  in  fighting  a  duel,  either  within  this  State  or  elsewhere,  shall 
thereby  be  deprived  of  the  right  of  holding  any  office  of  honor  or  profit  in 
this  State,  and  shall  be  forever  disqualified  from  voting  at  any  election,  and 
shall  be  punished  otherwise  in  such  manner  as  may  be  prescribed  by  law. 

Section  Twenty-two.  Eeligion,  morality,  and  knowledge,  being  essential  to 
good  government,  the  General  Assembly  shall  pass  suitable  laws  to  protect 
every  religious  denomination  in  the  peaceable  enjoyment  of  its  own  mode  of 
public  worship  ;  and  to  encourage  schools,  and  the  means  of  instruction. 

Section  Twenty-three.  All  lands  in  this  State  are  declared  to  be  allodial, 
and  feudal  tenures  of  every  description,  with  all  their  incidents,  are  prohibited. 
Leases  and  grants  of  land  for  a  longer  period  than  twenty -one  years,  hereafter 
made,  in  which  shall  be  reserved  any  rent  or  service  of  any  kind,  shall  be  held 
a  conveyance  in  fee  to  the  lessee. 

Section  Twenty-four.  The  action  of  the  Convention  of  the  State  of 
(  356  ) 


■Jan.  27th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [ITtli  Day. 


Amendment  to  Eales  of  Order — Legislative  Department. 


Arkansas,  ivhich  assembled  in  the  city  of  Little  Eock  on  the  5th  day  of  ]\Iarch, 
1861,  waS;  and  is.  null  and  void.  All  the  action  of  the  State  of  Arkansas  under 
the  authority  of  said  Convention,  of  its  Ordinances  or  its  Constitution,  whether 
legislative,  executive,  judicial,  or  military,  was,  and  is  hereby  declared,  null  and 
void;  and  no  debt  or  liability  of  the  State  of  Arkansas  incurred  by  the  action 
of  said  Convention,  or  of  the  General  Assembly,  or  any  department  of  the 
Grovernment  under  the  authority  of  either,  shall  ever  be  recognized  as  obliga- 
tory. Provided,  That  this  ordinance  shall  not  be  so  construed  as  to  atfect  the 
rights  of  individuals  arising  under  contracts,  or  to  change  county  boundaries 
or  county-seats,  or  to  make  invalid  the  acts  of  .Justices  of  the  Peace,  or  other 
officers,  in  their  authority  to  administer  oaths  or  take  and  certify  the  acknowl- 
edgments of  deeds  of  conveyances  or  other  instruments  of  writing,  or  in  the 
solemnization  of  marriage. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Eeport  be  laid  upon  the 
table,  that  one  hundred  copies  be  printed  for  the  use  of  the  members  of 
the  Convention,  and  that  it  be  made  the  special  order  of  the  day  for  Fri- 
day, January  31st. 

The  Cjuestion  was  taken:  and  the  motion  was  agreed  to. 

AMENDMEXT  TO  RULES  OE  ORDER. 

Mr.  McCLUEE  asked  the  consent  of  the  Convention,  to  give  notice  of 
a  motion  to  amend  Eule  XXIII,  so  as  to  make  the  consideration  of  the 
special  order  of  the  day  the  first  business  in  order  after  the  correction  of 
the  Journal  of  the  preceding  day.    He  said : 

The  time  is  come  when  the  regular  order  of  business  should  not  be 
interfered  with. 

LEGISLATIVE  DEPAR^MEXT — AGAIN. 

Mr.  BEOOKS  moved  that  the  Eeport  of  the  Committee  on  the  Legisla- 
tive Department  be  referred  to  the  Committee  on  the  Constitution,  its  Ar- 
rangement and  Phraseology. 

Mr.  McCOWX.  Before  that  disposition  is  made  of  the  Eeport,  I  desire 
to  offer  certain  amendments  to  it.  I  think  the  reports  of  committees 
should  be  acted  upon,  before  a  reference  to  that  Committee. 

The  PEESIDEXT.  The  Chair  understands  the  object  in  the  appoint- 
ment of  that  Committee  to  have  been,  to  so  arrange  the  different  depart- 
ments of  the  Constitution,  that  one  shall  not,  so  to  speak,  lap  upon  the 
other. 

Mr.  McCOAYX.  And  to  make  no  other  change? 

The  PEESIDEXT.  To  embody  the  ideas  presented  in  the  various 
reports,  and  to  embody  them  in  proper  form. 

(  357  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


Exemption  of  Keal  and  Personal  Estate.— CYPERT—McCOWN. 


Mr.  McCOWE".  I  desire  to  present  several  amendments  to  the  Report 
of  the  Committee  on  the  Judiciary. 

The  question  was  then  taken;  and  the  motion  was  agreed  to. 

EXEiMPTION  OF  REAL  AND  PERSONAL  ESTATE. 

Mr.  MALLORY  called  for  the  special  order  of  the  day,  being  the 
Report  of  the  Committee  on  Exemption  of  Real  and  Personal  Estate. 

The  PRESIDEE"T  announced  the  question  before  the  Convention  to 
be,  the  consideration  of  the  respective  Reports  of  the  majority  and  minority 
of  that  Committee. 

Mr.  CYPERT  moved  the  adoption  of  the  Minority  Report. 

Mr.  HODGES,  of  Pulaski,  moved  as  a  substitute,  the  adoption  of  the 
Report  of  the  majority  of  the  Committee. 

Mr.  CYPERT.  I  do  not  desire  to  offer  any  argument  upon  this  subject. 
I  merely  call  the  attention  of  the  Convention  to  the  fact  that  it  is  impolitic 
to  entrammel  the  Legislature  with  such  restrictions  as  are  proposed.  Times 
will  occur  when  a  change  in  the  amount  of  exemption  will  be  necessary; 
and  of  that  time  the  Legislature  should  be  the  judge.  If  you  incorporate 
in  the  Constitution  a  requirement  of  a  certain  amount  of  exemption,  an 
alteration  in  the  Constitution  will  be  required  whenever  it  may  be  neces- 
sary to  accommodate  the  provisions  of  the  law  to  changed  circumstances  of 
the  times.  It  would  imply,  at  least,  that  the  Legislature  is  not  empowered 
to  give  a  greater  amount  of  exemption ;  and  it  is  evidently  prohibited  from 
giving  a  less.  We  cannot  tell  what  the  condition  of  the  country  may  be  in 
years  to  come.  The  time  may  arrive  when  a  necessity  for  a  change  shall 
present  itself.  Hence,  while  we  are  all  in  favor  of  a  reasonable  exemption, 
some  of  us  think  it  a  matter  entirely  cognizable  by  the  Legislature,  and  a 
fit  subject  of  change,  as  the  condition  of  the  country  may  demand.  Eor  this 
reason,  it  should  not  be  made  a  portion  of  the  organic  law  of  the  State. 

Mr.  McCOWN  spoke,  in  substance,  as  follows  :  The  very  reason  which 
the  gentleman  assigns  in  favor  of  the  Minority  Report,  is  that  which 
induced  the  report  of  the  majority  of  the  Committee.  We  desire  to  incor- 
porate into  this  Constitution  an  exemption  that  cannot  be  changed  by  any 
future  legislation.  The  rich  can  take  care  of  themselves,  and  require  no 
special  Constitutional  protection.  It  is  for  the  middle  and  poorer  classes 
of  men,  that  Constitutional  provisions  should  be  made,  with  the  view  to 
prevent  capital  from  exercising  an  undue  influence  in  our  legislative  halls, 
and  operating  for  its  own  increase,  to  the  detriment  of  honest  industry. 
All  persons  who  are  at  all  familiar  with  the  past  history  of  our  country, 
will  at  once  admit  that  such  provisions  should  be  made.  The  means  of 
alluring  individual  members  are  far  beyond  the  poor  man's  reach,  when 
(  358  ) 


Jan.  27th.]  AEKAXSAS  COXSTITUTIOXAL  C0:N'YEXTI0X.  [17th  Day. 


Exemption  of  Eeal  and  Personal  Estate.— McCOWN. 


thev  are  most  desirable  to  secure  his  protection  against  a  moneyed 
monopoly.  Hence  we  desire  to  give,  by  an  article  in  the  Constitution,  a 
homestead  to  every  head  of  a  family — one  that  cannot  be  taken  from  him 
while  he  lives,  nor  from  his  widow  while  she  lives,  nor  from  his  children 
until  the  last  one  of  them  shall  have  arrived  at  the  age  of  twenty-one 
years.  A  homestead  to  which  he  can  retire,  secure  from  molestation,  in 
the  darkest  hour  of  misfortune,  poverty,  and  sorrow,  and  one  that,  when 
death  comes  to  close  the  final  scene  of  life  on  earth,  and  raise  the  curtain 
of  immortality,  he  can  feel  will  be  secure,  beyond  peradventure,  to  his 
weej^iiig  wife  and  helpless  children.  The  one  spot  on  earth  where  no 
Sheriff  or  other  officer  of  the  law  can  enter  unbidden. 

^"e  have  just  passed  through  the  bloodiest  war  of  modern  times,  a  war 
that  employed,  in  one  capacity  or  another,  almost  the  entire  male  popu- 
lation of  the  South.  'We  have  been  the  greatest  sufferers  in  the  conflict; 
poverty,  desolation,  and  grief  sit  brooding  at  every  fireside;  our  fields 
laid  waste;  our  former  slaves  liberated;  our  time  lost,  with  all  the  means 
upon  the  faith  of  which  we  contracted  debts,  the  payment  of  which,  would 
have  been  easy  in  our  former,  but  in  our  present  condition  are  of  huge 
and  insupportable  proportions,  and  under  which  the  great  majority  of  our 
people  lie  prostrate  and  helpless,  and  are  being  pressed,  by  creditors,  almost 
to  hopelessness  and  desperation.  But  for  the  timely  interference  of  Gen- 
eral Ord,  in  suspending,  for  a  time,  sales  under  execution,  I  verily  believe 
that,  tired  as  our  people  are  of  destruction  and  bloodshed,  there  would 
have  been  a  collision  between  the  civil  authorities  and  the  people,  in  many 
parts  of  the  State. 

I  know,  and  am  frank  to  admit,  that  some  creditors  are  induced  by  their 
own  necessities  to  urge  the  collection  of  their  debts;  but  nineteen-twen- 
tieths  of  the  number  who  are  pressing  the  people,  are  men  who,  while 
others  fought  the  battles,  staid  at  home,  content  with  encouraging  the 
soldiers  and  speculating  off  the  necessities  of  their  families.  Xot  the  least 
of  them  are  merchants,  who  at  the  conclusion  of  the  war  paid  off'  their 
own  liabilities  at  twenty-five  cents  on  the  dollar,  and  noAv  want  the  poor 
man  to  pay  them  to  the  uttermost  farthing,  for  goods  for  which  a  tithe  only 
of  the  original  purchase-money  has  been  paid. 

It  is  due,  however,  that  I  should  say,  that  among  our  merchants  and 
other  creditors,  there  are  many  honorable  exceptions, — men  who,  although 
greatly  in  need  themselves,  have  pressed  no  one,  but,  on  the  contrary, 
have  accepted  any  compromise  offered. 

Thousands  of  our  people  who  have  labored  earnestly  and  incessantly 
beneath  the  summer's  sun,  and  through  the  storms  of  winter,  ever  since 
the  surrender  of  our  armies,  have  not  been  able  to  procure,  at  all  times,  for 
their  families,  the  absolute  necessaries  of  life;  and  at  no  time  more,  owing 
to  the  constantly  recurring  visits  of  officers  of  the  law.    And  now,  dis- 

(  359  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


Exemption  of  Eeal  and  Personal  Estate. — McCOWN. 


pirited  and  toil-worn,  they  look,  with  the  smallest  spark  of  hope  still 
lingerrbg  in  their  hearts,  for  relief — for  the  liberty  to  feed,  clothe,  and 
educate  those  of  whom  God  has  said  a  man  is  worse  than  an  infidel  unless 
he  provides  for  them. 

We  are  directed  to  the  Bankrupt  Law,  for  a  remedy.  It  is  no  remedy  at 
all.  Few  men  of  moderate  means  can  procure  sufficient  money  to  file 
their  petition  in  bankruptcy,  much  less  to  follow  it  to  a  final  discharge. 
The  Bankrupt  Law  is  a  rich  man's  law. 

The  exemption  we  desire  to  incorporate  in  the  organic  law,  is  designed 
to  answer  the  purpose  of  a  bankrupt  law  for  the  poor  man,  and  men  of 
moderate  means, — one  which  will  enable  him  to  provide  for  his  family, 
bring  up  his  children  in  such  way  that  they  may  be  useful  men  and  women 
in  society,  and  one  which  it  will  be  beyond  the  power  of  corrupt  legisla- 
tion to  repeal. 

We  are  told  that  such  an  article  in  the  Constitution  will  not  only  im- 
pair, but  strike  a  death-blow  to  credit.  If  such  should  be  the  eftect,  I  am 
almost  prepared  to  say  that  it  would  be  an  additional  argument  in  favor  of 
it;  for  instead  of  creating  new  debts,  while  we  are  unable  to  pay  the  old 
ones,  we  should  go  to  work,  and  provide  with  our  hands  for  our  present 
and  future  wants,  and  not  encumber  our  estates  with  debts  we  could  never 
hope  to  liquidate,  and  which  might  be  the  means  of  leaving  our  children 
homeless  as  well  as  helpless. 

I  do  not  admit,  however,  that  such  would  be  the  effect;  for  no  man  sells 
his  goods,  wares,  or  merchandise,  who,  at  the  time  of  sale,  believes  he  will 
have  to  resort  to  the  courts  of  the  country  for  the  price  thereof ;  for  any 
man  of  sense  must  certainly  know  that  the  concomitant  expenses  in  a  suc- 
cessful suit  at  law  will  far  exceed  the  profits  of  his  sale.  There  are  few 
men  secured,  as  we  propose,  with  the  means  to  labor  uninterruptedly  for 
their  own  support,  who  would  not  have  sufficient  pride  of  character  to  paj^, 
as  fast  as  they  could,  all  their  indebtedness.  And  that  policy  which  takes 
from  the  debtor  the  means  of  future  labor,  is  only  a  new  version  of  the  old 
fable  of  the  boy  that  killed  the  goose  that  laid  the  golden  egg. 

There  is  another  and  paramount  reason  in  favor  of  the  proposed  exemp- 
tions. They  will  increase  our  love  of  country;  for  what  man  will  not  love 
and  venerate  the  government  that  secures  to  him  a  home  which  he  may 
improve  and  embellish,  with  the  absolute  certainty  that  when  he  is  gone, 
his  children,  and  children's  children,  will  enjoy  the  fruits  thereof;  and  the 
son,  however  far  from  the  paternal  roof  he  may  stray, — with  what  pride 
and  fondness  would  his  mind  revert  to  the  old  homestead,  and  to  the  old 
fireside  around  which  he  knew  were  gathered  those  who  love  him  best  on 
earth ;  where  often,  in  his  early  boyhood  years,  he  had  heard  his  father,  on 
bended  knees,  thank  the  Giver  of  all  good  for  the  privilege  of  living  in  a 
government  where  he  could  worship  under  his  own  vine  and  fig  tree,  and 
(  360  ) 


Jan.  27tli.]  AEKAXSAS  COXSTITUTIOXAL  C0:N'TEXTI0X.  [17th  Daj. 


Finance,  Taxation,  Public  Debt,  and  Expenditures — Use  of  Hall  for  Democratic  Convention. 


none  dare  to  molest  or  make  liim  afraid  (not  even  a  Slierifi'j  ;  and  tg  which 
he  could  return,  and  would  find  a  mothers  welcome,  should  disaster  over- 
take him  in  the  battle  of  life. 

^e  have  a  committee  appointed  to  devise  means  for  the  relief  of  our 
suffering  people,  and  have  some  assurance  that  other  States,  more  fortu- 
nately situated,  will  contribute  to  our  immediate  wants.  How  can  we  ask 
their  charities  when  we  have  no  charity  for  one  another  ?  Can  we,  with- 
out a  blush,  represent  the  great  and  urgent  necessities  of  our  people,  and 
ask  relief  for  them  from  others,  when  we  refuse  to  grant  them,  in  the 
winter  of  their  misfortunes,  protection,  from  the  officers  of  the  law,  suf- 
ficient, only,  to  guarantee  to  them  a  home  and  the  means  to  provide  for  their 
own  wants,  and  to  save  to  them  the  proud  privilege  of  making  their  own 
bread  by  the  sweat  of  their  face,  instead  of  receiving  it  at  the  hands  of 
strangers.  Public  policy  requires  that  we  should  give  it  them;  humanity 
desires  it;  necessity  demands  it;  charity  pleads  for  it;  and  the  teachings  of 
our  Lord  and  Saviour  command  it. 

I  hope  the  amendment  of  the  gentleman  from  Pulaski  [Mr.  Hodges] 
will  be  adopted. 

Mr.  SARBEE.  To  faciUtate  business,  I  move,  as  a  substitute  for  the 
motions  before  the  Convention,  that  both  Eeports  be  referred  to  the  Com- 
mittee on  the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken  ;  and  the  motion  was  agreed  to, 

riXAXCE,  TAXATIOX,  PUBLIC  DEBT,  AXD  EXPENDITURES  AGAIX. 

The  PEESn)EXT  announced,  as  the  business  next  in  order,  the  con- 
sideration of  the  Eeport  of  the  Committee  on  Finance,  Taxation,  Public 
Debt,  and  Expenditures. 

Mr.  MALLORIT  moved  that  the  Eeport  be  referred  to  the  Committee 
on  the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken  ;  and  the  motion  was  agreed  to. 

USE  OP  HALL  FOR  DEMOCRATIC  COXVEXTIOX. 

Mr.  MALLOEY  offered  the  following  resolution  : 

Besolved  :  That  the  use  of  this  Hall  be  tendered  to  the  Democratic  Party,  for 
Convention  purposes,  and  that  a  committee  of  three  be  appointed  to  inform 
the  Chairman  of  the  Democratic  State  Central  Committee  of  the  fact. 

The  question  was  taken  ;  and  the  motion  was  agreed  to. 

The  PEESEDEXT  appointed,  as  such  Committee,  Messrs.  Mallory, 
Gret  of  Phillips,  and  Walker. 

(  361  ) 


1868.] 


DEBATES  AISTD  PEOCEEDHSTGS  OF  THE  [Wednesday, 


Addition  to  Committee  on  Belief — Committee  on  Arkansas  Hot  Springs. 


Mr.  ^MALLOEY  moved  that  the  Convention  adjourn  to  10,  a.m.,  of 
Wednesday,  January  29th. 

The  question  was  taken ;  and  the  motion  was  agreed  to ; 

And,  thereupon,  at  12  o'clock,  m.,  the  Convention  adjourned  to  10,  a.m., 
of  Wednesday,  January  29th. 


EIGHTEENTH  DAY. 

Wednesday,  January  29th,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called ;  and  the  following  members  answered  to  their 
names : 

Messrs.  Beasley,  Belden,  Bell,  Bradley,  Brasbear,  Brooks,  Coates,  Corbell, 
Cypert,  Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips, 
Harrison,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hodges  of  Crittenden, 
Hodges  of  Pulaski,  Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley, 
Mallory,  Mason,  Matthews,  ^errick,  Misner,  Millsaps,  Montgomery,  Murphy, 
McCown,  McClure,  Moore,  Norman,  Oliver,  Owen,  Poole,  Portis,  Priddy, 
Puntney,  Eawlings,  Eector,  Eeynolds,  Eounsaville^  Samuels,  Sarber,  Scott, 
Shoppach,  Sims,  Smith,  Snyder,  Yan  Hook,  Walker,  Wilson,  White,  Williams, 
Wright,  Wyatt,  and  the  President. 

Sick  and  Excused  :  Messrs.  Holhs,  Hodges  of  Crittenden,  and  Sams. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names  : 

The  Journal  of  the  preceding  day  was  read  and  approved. 

ADDITION  TO  COMMITTEE  ON  RELIEF. 

'No  petitions,  and 

No  reports  of  committees,  being  presented,  and 
Motions,  resolutions,  and  notices  being  in  order, 

Mr.  BROOKS  moved  that  Mr.  Grey,  of  Phillips,  be  added  to  the  Com- 
mittee on  Relief. 

The  question  was  taken;  and  the  motion. was  agreed  to.  • 

COMMITTEE  ON  ARKANSAS  HOT  SPRINGS — AGAIN. 

Mr.  HIN^DS.  I  desire  to  call  the  attention  of  the  Chair  to  the  fact,  that 
(  362  ) 


Jan.  29th.]  AEKAISTSAS  CO^s^STITUTIO^^AL  CONYE^N^TIO:Nr.  [18th  Day. 


Intermarriage  of  the  Eaces.—BEADLEY— HODGES  of  Pulaski— GEEY. 


five  gentlemen  were  appointed  upon  the  Committee  on  the  Hot  Springs. 
The  resolution  called  for  the  appointment  of  a  committee  of  three. 

The  PRESIDENT.  The  change  was  made,  in  accordance  with  the  pro- 
visions of  the  resolution,  before  the  Journal  of  the  day  was  made  up. 

IXTERMARRIAGE  OF  THE  RACES. 

Mr.  BRADLEY  offered  the  following  resolution  : 

Hesolved :  That  the  Committee  on  Arrangement  and  Phraseology  of  the 
CoDstitution  be,  and  they  are  hereby,  instructed  to  insert  a  clause  in  the  Con- 
stitution, forbidding  any  officer,  either  civil  or  ecclesiastical,  to  solemnize  the 
rites  of  matrimony  between  a  white  person  and  a  person  of  African  descent, 
within  the  limits  of  this  State. 

Mr.  HOGE  asked  for  the  yeas  and  nays. 

Mr.  HODGES,  of  Pulaski.  I  cannot  see  any  use  of  legislating,  or  of 
inserting  anything  in  the  Constitution,  upon  that  subject.  If  persons 
want  to  intermarry  in  this  way,  they  ought  certainly  to  have  the  privilege. 
And  the  fact  that  such  a  barrier  is  raised  up  as  is  here  proposed,  will  prob- 
ably make  more  difficulty  than  if  the  whole  matter  were  left  entirely  open. 
I,  for  one,  am  entirely  opposed  to  legislation,  or  Constitutional  enactment, 
upon  any  such  subject. 

Mr.  GREY,  of  Phillips.  As  far  as  we  are  co'ncerned,  I  have  no  particu- 
lar objection  to  the  resolution.  But  I  think  that  in  order  to  make  the  law 
binding,  there  should  be  some  penalty  attached  to  its  violation — kill  them, 
quarter  them,  or  something  of  that  kind.  I  think,  however,  the  proposed 
provision  is  superfluous,  for  this  reason.  In  the  constitutions  of  the 
.  ^s'orthern  States,  where  such  liberty  is  extended  to  men  of  all  classes  and 
colors,  such  outrages  upon  society  are  seldom  committed.  We  hear 
nothing  of  them.  Among  the  white  people  of  the  X orth,  such  provisions 
are  never  considered  necessary.  I  cannot  see  why  we  should  encumber 
our  Constitution  with  such  provisions.  I  scarcely  think,  that,  with  the 
intelligence  and  wealth  of  the  white  people  of  the  country,  they  are  going 
to  make  any  overtures  to  us ;  and  I  am  pretty  sure  our  condition  entirely 
prevents  us  from  making  any  such  overtures  to  them.  It  results,  that  the 
provision  is  superfluous.  I  know  that  such  provisions  have  heretofore 
more  or  less  obtained;  but  while  the  contract  has  been  kept  on  our  part, 
it  has  not  been  kept  upon  the  part  of  our  friends;  and  I  propose,  if  such 
an  enactment  is  to  be  inserted  in  the  Constitution,  to  insist,  also,  that  if 
any  white  man  shall  be  found  cohabiting  with  a  negro  woman,  the  penalty 
shall  be  death.  [Laughter  and  applause.] 

Mr.  HODGES,  of  Pulaski.  I  fully  "accord  with  the  views  of  the  gentle- 
man last  upon  the  floor,  and  hope,  if  the  resolution  shall  be  adopted,  that 
his  proposition  will  be  added  to  it. 

(  363  ) 


1868.] 


DEBATES  AND  PEOCEEDHSTGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Races.— McCLURE—BKADLEY. 


Mr.  McCLURE.  If  in  order,  I  would  move  a  reference  of  the  subject 
to  the  Committee  on  the  Penitentiary. 

The  PEESIDEiTT.  The  question  is  upon  the  motion  for  reference.  Are 
gentlemen  ready  for  the  question? 

Mr.  BRADLEY.  I  am  not  ready  for  the  question,  Mr.  President.  I 
did  not  expect,  sir,  when  I  introduced  this  resolution,  to  stir  up  in  this 
Convention  anything  like  a  spirited  discussion.  I  did  not  expect,  even, 
to  accompany  that  resolution,  pointed  as  it  is,  with  any  speech  of  my  own. 
I  do  not  feel  that  it  is  necessary  for  me  to  accompany  it  with  an  argument. 
The  resolution  carries  w^ith  it  an  argument  sufficient  to  sustain  itself.  1 
am  well  aware  that  there  is  a  kind  of  vulgar  idea  abroad  in  the  world, 
that  we  do  not  need  land-lines  between  us.  The  presumption  is  that  I 
and  my  neighbor  are  both  honest — neither  of  us  will  cut  timber  on  the 
other's  land ;  and  you  say,  when  I  desire  to  have  the  line  established  be- 
tween us, — "  Either  one  or  the  other  is  a  thief."  Sir,  that  does  not  follow. 
I  meet  the  gentleman  with  his  own  argument.  If  such  a  provision  as  I 
propose  is  not  necessary,  if  you  do  not  mean  to  rush  into  these  practices, 
I  ask,  in  all  candor,  why,  in  the  name  of  God,  do  you  object  to  having  a 
line  established,  and  to  saying,  to  the  white  race  and  to  the  black, — "  Thus 
far  shalt  thou  go,  and  no  farther?" 

As  to  the  idea  that  no  such  difficulty  exists  in  the  ]N"orthern  States,  I  am 
only  able  to  use  this  argument  in  reply, — that  there  is  no  negro  suffrage 
in  the  ITorthern  States.  There  is  no  proposition  to  force  negro  suffrage 
upon  the  ^Torthern  States.  But,  sir,  we  are  here  with  our  chicken's  mouth 
gagged  wide  open,  expecting  to  swallow  it;  and  declarations  have  been 
made  upon  this  floor,  but  recently,  that  social  equality  was  the  boon  held 
in  reservation  for  the  citizens  of  Arkansas. 

I  am  here,  sir,  to  enter  my  protest,  with  indignation,  against  the  foul 
insinuations  which  have  been  thrown  out,  reflecting  upon  the  integrity,  the 
honor,  and  the  nobility  of  the  people  of  my  country  !  [Applause  from  the 
left.]  I  am  here,  intending  to  give  the  negro  every  right  that  God  in 
heaven,  upon  His  throne,  has  assigned  him.  I  am  ready  to  recognize  his 
civil  and  political  rights.  'No  man  will  go  further,  no  man  will  dig 
deeper — to  quote  from  a  gentleman  w^ho  preceded  me  [Mr.  Grey,  of  Phil- 
lips.] I  am  ready  to  dig  to  the  substratum,  and  build  the  rights  of  the 
black  man  upon  a  foundation  wdiich  nothing  but  the  fiat  of  God  shall  dis- 
solve, until  the  thunders  of  the  last  great  day.  But,  sir,  I  am  a  white 
man ;  and  I  do  not  mean  to  infringe  upon  the  pure  blood  of  the  African 
race,  that  has  been  so  exalted  and  eulogized  in  every  speech  delivered,  by 
certain  gentlemen,  in  this  hall.  I  do  not  want  it  adulterated  with  the 
blood  of  the  white  man.  Let  it  stand  in  its  monumental  glory,  until 
inspiration  shall  reflect  back  the  declaration  that  it  is  equal  to  the  blood 
of  the  white  man.  Give  the  white  man  a  chance  to  run  by  himself,  as 
(  364  ) 


Jan.  29th.]  AEKAIS^SAS  CO^s^STITTJTIOIS^AL  CO^^YEIs^TIOIsT.  [1 8th  Day. 


Intermarriage  of  the  Races. — BRADLEY. 


he  has  for  six  thousand  years;  let  him  marcli  on  with  tlie  rapidity  of 
lightning,  developing  and  being  developed,  proving  himself  the  master  of 
creation,  that  fell  from  God's^  hand,  on  the  sixth  day,  when  He  finished 
His  work. 

This,  sir,  is  the  great  question  that  is  stirring  up  these  ring-streaked 
and  striped  menageries  all  over  the  country.  This  is  the  great  question 
that  caused  fair-handed  and  warm-hearted  women  to  decorate,  as  they 
did,  that  hall  near  this  capitol.  This  is  the  great  question  that  is  agitating 
Arkansas  from  centre  to  circumference.  It  is  supposed  that  the  doctrine 
of  "equality  before  the  law"  is  not  to  stop  until  it  goes  further.  I  want 
that  resolution  voted  upon.  I  want  the  yeas  and  nays  upon  it.  I  expect 
every  black  man  on  that  side  of  the  house  to  vote  for  it.  These  rights 
have  been  infringed  long  enough — if  any  man  crosses  the  line  and  tres- 
passes, let  a  statute  be  enacted,  based  upon  this  feature  of  our  Constitution, 
that  shall  fix  the  crime  and  the  penalty;  and  if  the  penalty  be  death,  as 
the  gentleman  [Mr.  GtEey  of  Phillips]  suggests,  let  it  be  death ! — I  care 
nothing  about  that.  I  can  say,  sir,  it  will  not  circumscribe  me  in  any  of 
my  social  enjoyments  or  privileges.  Thank  God,  I  have  no  seed,  to-day, 
that  has  germinated  in  human  form,  but  is  of  my  own  color.  I  have  never 
belonged  to  a  bleaching-machinery,  and  do  not  advocate  the  bleaching 
process.  That  is  just  what  I  want  put  down.  I  am  astonished  that  gen- 
tlemen get  up  and  say, — "  Let  it  be  a  matter  of  taste  !"  It  shows  me  a 
man's  taste,  when  he  wants  no  distinction,  no  partition,  but  wants  the  two 
races  mixed  in  one  common  amalgamation.  It  shows  me  a  taste  that 
makes  Heaven  frown,  and  stinks  in  the  nostrils  of  man! 

I  do  not  want  to  encumber  the  pure  virtu'e  of  that  resolution  with  an 
argument.  It  is  an  argument,  itself.  Let  us  have  the  yeas  and  nays.  And 
if  men  are  so  much  alarmed  about  having  a  barrier  in  the  way — why,  if 
you  want  to,  scratch  under,  and  get  to  the  other  race ;  but  for  God's  sake 
let  us  build  a  wall !  let  it  be  understood  as  the  organic  law  of  the  land 
that  a  white  man  shall  be  a  white  man,  and  a  black  man  a  black  man,  and 
that  each  shall  have  their  rights  in  their  respective  spheres.  You  can't  get 
me  to  vote  for  any  of  these  sugar-coated  pills,  such  as  I  see  in  the  Georgia 
Constitution, — "  all  rights  and  privileges  guaranteed  to  one  class  guaranteed 
to  every  other."  I  want  to  understand  what  I  am  swallowing.  I  don't  want 
a  black  man,  in  two  years,  coming  to  me  and  saying, — "  That  is  a  privi- 
lege granted  to  the  white  man;  you  must  grant  it  to  me;"  and  the  white 
man  saying,—"  This  is  the  privilege  of  the  black  man;  I  must  have  it 
too :"  and  off  goes  the  white  man  to  the  cabin,  and  the  black  man,  I  sup- 
pose, somewhere  else  in  a  like  manner.  And  so,  this  thing,  humiliating 
as  it  may  seem,  will  be  a  Constitutional  question  ;  and  there  will  be  more 
Constitational  lawyers  slipping  around  in  the  night,  than  were  ever  before 
seen  in  this  country.    I  want  every  man  to  vote  upon  this  proposition,  in 

(  365  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Eaces.— COEBELL— GEEY. 


the  way  his  own  heart  and  natural  impulses  guide  him ;  and  let  the  record 
be  spread  across  the  heavens,  and  let  future  generations  read  it! 

Mr.  CORBELL  recommended  the  adoption  of  the  resolution. 

Mr.  GREY,  of  Phillips.  As  I  have  before  remarked,  I  have  no  objection 
to  the  proposition.  I  believe,  sir,  as  I  have  often  heard  asserted  by 
statesmen,  

The  PRESIDENT.  The  Chair  will  state  that  a  motion  to  commit  is  not 
debatable;  but  latitude  has  already  been  given,  and,  by  consent,  will  be 
extended.  [Cries  of  "  Go  on  !  "] 

Mr.  GREY.  I  have  but  few  remarks  to  make.  I  desire  simply  to  state 
that  I  have  no  objection  to  the  proposition;  but  I  have  so  often  heard  it 
stated,  by  some  of  the  grandest  minds  of  America,  that  such  things  were 
utterly  impossible,  that  they  were  so  abhorrent  to  the  feelings,  that  I 
thought  with  Nasby,  who  says  that  if  you  were  to  put  him  in  a  dark  room, 
at  twelve  o'clock  at  night,  were  there  the  least  taint  of  black  blood  about 
a  man,  he  could  smell  if.  I  could  see,  therefore,  no  necessity  for  any 
such  provision.  In  North  Carolina,  it  is  declared,  by  statute,  that  the 
issue  of  negroes,  even  where  one  ancestor  in  each  generation,  to  the  fourth 
inclusive,  is  white,  shall  be  deemed  persons  of  color.  If  we  are  to  adopt 
this  proposition,  the  Legislature  will  have  to  pass  an  act  creating  a  board 
of  scientific  physicians,  or  professors  of  anatomy,  to  discover  who  is  a 
negro.  There  is  the  trouble.  The  purity  of  blood,  of  which  the  gentleman 
[Mr.  Bradley]  speaks,  has  already  been  somewhat  interfered  with,  in  this 
country.  "When  acts  of  the  Legislature  must  be  passed,  making  such  a 
distinction  as  this,  to  define  who  is  a  negro,  who  is  a  mulatto,  and  so  on, 
ad  libitum  and  ad  infinitum^  legislation  becomes  a  farce.  The  insertion  of  a 
clause  prohibiting  negroes  and  whites  from  marrying,  will  not  cover  the 
case.  You  will  have  to  define  the  point  of  intermixture  of  blood  which 
shall  constitute  a  mulatto,  and  so  prevent  him  or  her  from  intermarrying 
with  the  white  race ;  and  in  the  case  of  an  octoroon,  or  of  still  further 
admixture  of  blood,  I  take  it  the  distinction  will  grow  very  shadowy.  The 
census  of  the  United  States  shows  that  forty  per  cent,  of  us,  alreadj^,  have 
crossed  the  line.  It  is  no  fault  of  ours.  No  gentleman  will  lay  it  to  our 
door.  The  intermixture  has  taken  place  illegitimately.  Those  gentlemen 
who  so  place  themselves  upon  a  pedestal  of  virtue,  will  not  deny  that  this 
was  wrong.  Their  own  race  has  thus  created  the  difiiculty.  I  see  no 
way,  in  the  world,  of  putting  an  end  to  the  evil  by  legislation.  If  you  can 
show  where  the  line  can  be  drawn,  I  am  perfectly  willing.  But  I  do  not 
accept  the  gentleman's  idea,  that  if  you  raise  a  fence  of  legislative  prohi- 
bition, and  a  man  chooses  to  crawl  under  it,  it  is  right  enough  for  him  to 
do  so.  I  propose  that  we  shall  stop  this  crawling  under  the  fence.  I 
propose  that  if  persons  desire  intermarriage  with  the  other  race,  it  shall  be 
done  honorably  and  above-board. 
(  366  ) 


Jan.  29th.]  AEKANSAS  COl^STITUTIO^^AL  CO^^YENTIOI^.  [18th  Day. 


Intermarriage  of  the  Kaces.—BKADLEY—MONTGOMEKY— HINDS. 


Mr.  BRADLEY.  I  hope  the  gentleman  [Mr.  Hodges,  of  Pulaski]  will, 
with  the  consent  of  the  Convention,  withdraw  the  motion  for  reference, 
and  let  the  resolution  be  voted  upon,  squarely,  

The  PEESIDE^^T.  Much  latitude  has  already  been  given;  one  speech 
has  been  made  upon  each  side ;  and  the  Chair  must  now  enforce  the  rules. 

The  question  being  upon  the  reference  of  the  resolution  to  the  Com- 
mittee on  the  Penitentiary, 
Mr.  EEY^OLDS  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  it  was  decided  in  the  negative, — Yeas  32, 
ITays  34,  as  follows : 

Teas:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Dale,  Gray  of  Jefferson, 
G-rey  of  Phillips,  Hawkins,  Hinds,  Hinkle,  Hodges  of  Pulaski,  Houghton, 
Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Merrick,  Misner,  Montgom- 
ery, Murphy,  MeClure,  Eawlings,  Eector,  Sarher,  Scott,  Smith,  Snyder,  White, 
Wilhams,  Wyatt,  and  the  President— 32. 

Nays  :  Messrs.  Beasley,  Bradley,  Coates,  Corbell,  Cypert,  Duvall,  Evans, 
Exon,  Gantt,  Harrison,  Hatfield,  Hicks,  Hoge,  Kyle,  Matthews,  Millsaps, 
McCown,  Moore,  Norman,  Oliver,  Owen,  Poole,  Portis,  Priddy,  Puntney,  Eey- 
nolds,  Eounsaville,  Samuels,  Shoppach,  Sims,  Van  Hook,  "Walker,  Wilson,  and 
Wright— 34. 

So  the  Convention  refused  to  refer  the  resolution  to  the  Committee  on 
the  Penitentiary. 

Mr.  MONTGOMEEY  offered  the  following,  as  a  substitute  for  the 
resolution  before  the  Convention : 

Resolved:  That  the  Committee  on  the  Constitution,  its  Arrangement  and 
Phraseology,  be,  and  it  is  hereby,  instructed  to  insert  a  clause  in  the  Constitu- 
tion, requiring  the  General  Assembly  to  enact  laws  to  more  effectually  prevent 
miscegenation,  and  thereby  inaugurate  a  great  reform  in  the  State  of  Ar- 
kansas. 

Mr.  HINDS  moved  a  reference  to  the  Committee  on  Boundaries, 
[Laughter.] 

Mr.  BEADLEY  [in  his  seat]  objecting  to  the  motion,  as  out  of  order. 
The  PEESIDENT  decided  that  the  motion  to  refer  embraced  both  the 
original  motion  and  the  substitute. 

Mr.  HINDS,  by  consent,  withdrew  the  motion  for  reference  to  the 
Committee  on  Boundaries,  and  moved  to  refer  the  entire  subject  to  the 
Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken;  and  the  motion  was  not  agreed  to. 

(  367  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OE  THE  [Wednesday, 


Intermarriage  of  the  Kaces.— MONTGOMEEY— BEADLEY. 


Mr.  MOISTTGOMEEY.  My  object  in  introducing  the  substitute  was, 
to  get  the  question  in  form,  before  a  committee  and  before  the  Conven- 
tion. It  appears  to  me  that  neither  the  original  resolution  nor  the 
amendment  reaches  the  whole  subject,  or  includes  everything  that  ought 
to  be  included.  The  resolution  offered  by  myself  covers  the  whole  sub- 
ject, both  of  marriage  and  of  illicit  intercourse — and  I  suppose  some  of 
the  gentlemen  here  think,  in  accordance  with  St.  Paul,  that  it  is  better 
to  marry  than  burn,  and  might,  therefore,  vote  against  the  proposition  in 
any  other  shape.    I  hope  the  substitute  will  be  adopted. 

Mr.  BEADLEY.  I  think  it  will  require  but  a  word  of  explanation,  to 
answer  any  suggestion  "in  favor  of  that  substitute.  It  seems  to  me  that 
the  idea  of  the  Convention  memorializing  some  future  Legislature  to  pass 
certain  laws,  for  which  there  will  be  no  Constitutional  basis,  is  a  very 
novel  one.  Suppose  we  incorporate  nothing  in  the  fundamental  law  of 
the  State,  upon  that  subject,  and  the  Legislature  enacts  a  statute  in  regard 
to  it ;  it  will  only  be  required  to  carry  that  statute  before  the  Supreme 
Court,  to  show  that  the  legislative  action  is  unconstitutional. 

Mr.  MONTGOMEEY.  If  the  gentleman  will  allow  me  to  interrupt  him, 
I  would  remind  him  that  the  substitute  instructs  the  Committee  to  place 
in  the  Constitution  a  clause  requiring  that  legislation. 

Mr.  BEADLEY.  I  do  not  see  why  we  should  not  face  the  music,  and 
come  squarely  up  to  the  question,  at  once.  I  cannot  see  any  reason  for 
this  evasion.  I  want  to  know  where  I  stand,  and  what  I  am  doing.  When 
sailing  at  sea,  I  want  to  examine  my  chart  and  compass,  especially  in 
stormy  times.  I  want  to  know  what  port  I  am  driving  to.  I  think  it  well 
for  us  all  to  know ;  and  I  would  like  to  obtain  a  direct  vote  upon  this 
question.  I  am  exceedingly  sorry  to  see  efforts  to  tap  it  on  this  and  on 
that  side,  so  as  to  drain  out  the  strength  of  the  resolution,  and  thereby 
prevent  a  fair  and  square  vote  upon  it  upon  its  merits.  I  do  not  see  why 
any  man  should  be  afraid  to  march  up  and  vote  for  or  against  that  resolu- 
tion, as  the  case  may  be.  I  do  not  see  any  good  reason  for  its  rejection, 
or  for  referring  it  to  this  or  that  committee.  Suppose  you  had  referred  it 
to  the  Committee  on  Boundaries ;  it  would  have  come  back  worse  than 
ever,  for  I  am  the  Chairman  of  the  Committee  on  Boundaries.  Why  not 
take  it  squarely,  vote  upon  it  right  out,  and  show  the  world  where  we 
stand?  "If  the  Lord  be  God,  serve  him;  if  Baal,  serve  him.'^  If  you 
intend  nothing  but  political  and  civil  equality,  let  us  know  it.  Burst  the 
sugar  shell,  and  let  me  taste  the  very  medicine  I  take.  I  do  not  want  to 
deceive  myself.  I  do  not  want  to  trifle  away  two  months,  and  make  a 
Constitution,  here,  which  will  place  myself  and  the  Convention  in  an  atti- 
tude that  I  know  will  so  arouse  the  indignation  of  the  citizens  of  Arkansas 
that  they  will  vote  the  Constitution  down.  We  have  been  here  for  weeks, 
wasting  the  funds  of  the  State ;  and  our  action  has  amounted  to  naught. 
(  368  ) 


Jan.  29th,]  AEKAXSAS  COXSTITUTIOXAL  COXVE^^TIOX.  [ISih  Day. 


Intermarriage  of  the  Eaee;. — BEADLEY. 


I  came  here,  in  good  faith,  to  make  a  Constitution,  and  "k)uild  a  State 
Government  upon  the  sovereignty  of  the  people  of  Arkansas.  I  did  not 
come  to  huild  a  government  upon  a  mere  idea,  I  came  nnder  the  orders 
of  the  G-eneral  commanding,  and  under  the  Act  of  Congress,  and  under 
the  will  of  the  people,  to  lay  a  foundation  upon  which  a  State  Government 
should  be  reared  that  will  endure  the  test  of  ages,  and  stand  unscathed 
hv  the  thunders  of  all  future  time.  But  to  be  skipping  over,  and  slipping 
around,  these  vexed  questions,  that  are  irrepressible,  and  that  will  come 
up  in  future  time  in  spite  of  heaven  and  hell,  is  unworthy  of  ourselves  and 
of  the  position  in  which  tlie  people  have  placed  us.  "We  are  digging  the 
place  to  plant  the  tree  :  let  us  set  it  out  right;  let  us  form  a  Constitution 
which  the  people  can  read  from  a  to  izzard.  and  understand  when  they 
have  read.  When  the  Constitution  goes  before  them,  let  us  not  leave 
them  in  doubt  whether  that  Constitution  is  susceptible  of  the  interpreta- 
tion of  social  equality  and  amalgamation.  Let  us  plant  it  upon  the  ground 
that  each  race  shall  move  in  its  own  sphere  ;  let  not  the  sun  come  in  con- 
tact with  the  moon  at  midnight,  nor  the  moon  jostle  the  sun  from  his.  place 
at  noon.  There  is  no  better  time  than  now,  to  provide  for  this;  and  if 
you  dodge  that  question,  gentlemen,  you  dodge  the  ratification  of  the 
Constitution. 
Mr.  EEASLEY  [in  his  seat.^    That  is  so ! 

Mr.  BEADLEY.  Do  not  trifle  away  your  time:  do  not  trifle  with  your 
position,  with  your  relations  to  God  and  your  country,  and  trifle  away  the 
Constitution,  and  the  eight  dollars  a  day  that  we  are  receiving  from  the 
people  as  the  remuneration  for  our  services. 

I  tell  you  again — and  if  I  had  the  voice  of  seven-fold  thunders  I  would 
almost  give  you  congestion  of  the  brain  with  it  [Laughter], — that  if  you 
dodge  this  question,  the  Constitution  will  be  voted  to  naught — the  people 
will  rush  upon  it.  and  gnash  their  teeth,  and  trample  it  under  their  feet ! 
They  will  spurn  it.  as  they  have  the  right  to  do.  And  I  say  that  unless  I 
know  whither  my  ship  is  drifting.  I  will  anchor  fast  to  the  port;  I  Avill  not 
raise  my  sails  until  I  know  where  lie  the  rocks  that  I  may  run  upon.  If 
I  thought  the  attitude  and  relation  of  each  racc^  was  not  to  be  fixed  by  the 
organic  law  of  the  State, — when  we  are  launching  out  upon  a  new  era, 
when  we  are  forming  a  government  which  may  stand  until  God  dissolves 
the  world, — I  would  stand  upon  the  stump  and  say  to  the  people, — If  this 
Constitution  does  not  settle  that  question,  let  u-,  if  it  costs  ten  millions  of 
dollars,  wait  until  we  can  form  a  Constitution  that  >r>ll  settle  it. 

The  black  people  of  my  County  ask  me  for  this,  as  well  as  the  white.  It 
is  astonishing  to  me,  at  this  late  age,  to  see  gentlemen  thus  out-Herod  Herod 
himself.  Let  us  tell  to  all  the  world  where  we  stand  on  this  question. 
Then,  when  we  go  out,  and  your  ring-tailed  ''coons''  tell  you  we  are  a 
conglomerated  mass,  we  will  say, — "  Xo,  sir;  here  is  Avhere  the  black 

24  (  369  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces. — BEADLE Y. 


man  standsj/tand  here  is  where  I  stand,  and  I  recognize  the  limitation  be- 
tween us."  There  is  no  limitation  and  distinction,  there  is  no  fixed,  deter- 
mined meaning,  to  civil  rights,"  and  "  equality  before  the  law;"  and  so 
long  as  these  terms  stand  undefined  and  uninterpreted,  so  long  will  this 
remain  a  vexed  question  for  future  generations  to  fight  and  war  over  ;  and 
when  you  and  I  are  slumbering  in  the  tomb,  our  children,  perhaps,  will 
meet  in  this  hall  and  fight  over  the  interpretation  of  the  enactment  which 
we  make  here  to-day. 

I  make  no  war  against  the  black  man.    I  want  no  black  man  to  under- 
stand me  as  warring  against  him.   I  am  defending  him.   I  am  his  friend; 
and  they  know  it,  where  I  live.    I  am,  as  I  have  said,  a  man  that  will  go 
as  far  for  their  rights  as  any  other  man.    Let  thenl  be  wronged  and  op-  \ 
pressed,  in  my  County;  you  will  see  my  little  ofiice  swarming  with  them. 
They  come  to  the  man  who  they  know  would  stand  against  earth  and  hell, 
in  vindication  of  what  he  believes  to  be  right.    A  few  days  before  I  left  } 
home,  I  sent  a  white  man  to  jail  for  abusing  a  negro ;  and  he  is  in  jail  now, 
at  Pine  Bluff — notwithstanding  that  he  had  four  lawyers  to  defend  him.  j 
I  would  have  sent  the  black  man  to  jail  as  quickly,  had  he  abased  the  j 
white  man.  I 

What  I  desire  is,  to  settle  this  question,  that  has  raised  the  tombstones  j 
where  four  hundred  thousand  heroes  sleep  ;  a  question  that  has  wrought 
the  shedding  of  blood  that  has  not  yet  grown  cold  ;  a  question  that  has 
dissolved  the  American  Government ;  a  question  that  to-day  shakes  the  ^ 
mightiest  intellects  that  move  upon  the  American  continent.    And  yet  it  j 
is  trifled  with,  here,  by  such  substitutes,  and  such  motions  to  refer,  as  we-  i 
have  had  presented  to  us.   1  am  astonished.    This  is  no  insignificant  ques- 
tion.   This  is  the  great  original  question.    This  is  the  "  irrepressible  con- 
flict,"   We  are  fighting,  to-day,  the  fight  that  has  been  on  hand  ever 
since  the  difficulty  arose  concerning  the  Compromise  Line.    And  I  say, 
for  God's  sake,  let  us  establish  the  compromise  line,  not  of  Missouri,  but  ! 
a  line  between  the  races, — one  that  shall  be  recognized  by  all  future  gen-  \ 
erations. 

I  do  not  propose  to  colonize  the  black  man,  or  to  banish  him  from  the 
earth.    God  has  placed  him  here.    He  has  learned  our  habits;  he  has 
lived  his  life  among  us.    He  knows  nothing  but  domestic  and  agricultural  I 
pursuits.    I  propose  to  give  him  a  chance,  and  let  him  live — not  make  | 
him  an  elephant,  or  a  mouse,  but  let  him  be  just  what  he  is,  and  let  the  I 
great  Government  roll  on,  and  not  scatter  itself  to  destruction  because  he 
is  free.    I  do  not  see  why  we  are  to  halt,  or  have  the  country  ruined,  be-  ! 
cause  the  negroes  are  set  free.    If  anybody  is  hurt  by  their  emancipation, 
they  are  hurt.    I  want  this  question  settled,  I  repeat,  and  settled  nov>^.    I  | 
want  no  dodging.    Let  every  gentleman  come  up,  if  he  wants  to  vote 
against  that  resolution,  vote  against  it,  and  record  his  vote;  and  let  the  ; 
(  370  ) 


Jan.  29th.]  AEKAiSTSAS  CONSTITUTIONAL  CONVENTION.  [18th  Day. 


Intermarriage  of  the  Races.— BRADLEY— MONTGOMERY. 


record  fly,  like  a  blazing  comet — -let  it  fly  through  future  generations, 
to  show  where  he  stood  upon  this  great  question, — upon  the  idea  of 
keeping  his  own  blood  and  race  pure  and  unadulterated  from  an  inferior 
race. 

I  hope  I  shall  not  be  misunderstood.  I  told  some  of  my  friends  I  did 
not  intend  to  open  my  mouth.  I  did  not  propose  to  support  by  a  single 
word  the  resolution  which  I  offered ;  knowing  that  if  you  quibbled  over 
it,  if  you  insulted  it,  the  people  of  Arkansas  would  rise  in  their  majesty, 
and  resent  the  insult  at  the  polls.  And  remember,  you  cannot  make  a 
Constitution  without  their  doing  half  the  work.  You  can  draw  it  up,  but 
they  must  seal  and  stamp  it.  Some  men  seem  to  have  an  idea  that  if  they 
can  only  get  a  mea'Bure  through,  here,  the  whole  business  is  done;  that 
we  in  this  house  can  do  everything  that  we  want.  No,  sir;  if  you  adopt 
extreme  measures,  it  will  overbalance  the  majority  which  was  given  for  a 
Constitutional  Convention.  I  do  not  propose  to  mock  my  position  in  any 
such  manner;  I  do  not  propose  to  trifle  with  serious  questions,  in  any  such 
way.  And  I  hope  every  man  will  come  up,  fairly  and  squarely,  and  meet 
this  question  upon  its  merits,  by  a  direct  and  manly  vote. 

Mr.  MONTGOMERY  called  for  the  reading  of  the  resolution. 

The  SECRETARY  read  the  resolution,  together  with  the  amendments 
proposed. 

Mr.  MONTGOMERY  was  recognized  as  entitled  to  the  floor,  when 
Mr.  BRADLEY  rose  to  a  point  of  order.    He  said:  The  amendment 
proposing  to  flx  a  penalty  for  crime,  is  certainly  out  of  order  in  this  Con- 
vention.   We  cannot  aflix  penalties. 

The  PRESIDENT.  The  Chair  is  of  opinion  that  the  point  of  order  is 
not  well  taken.  The  gentleman  from  Hempstead  [Mr.  Montgomery]  will 
proceed. 

Mr.  MONTGOMERY.  I  am  not  much  surprised  at  the  position  of  the 
gentleman  from  Bradley  [Mr.  Bradley.]  I  am  not  much  surprised  to 
hear  him  ask,  of  this  Convention,  special  legislation,  in  the  form  of  Con- 
stitutional enactment.  My  substitute  covers  the  whole  ground,  and 
covers  all  the  evils  of  this  nature  which  have  existed  in  Arkansas  for  the 
last  two  hundred  and  fifty  years.  Why,  sir,  down  here  in  the  "Hippo- 
drome," the  other  night,  we  heard  a  gentleman  attempt  to  show  that  a 
line  of  demarcation  has  been  drawn,  in  this  State,  between  the  whites 
and  the  blacks.  •  There  was  a  marked  difference.  Now,  the  object  of  this 
resolution  is,  to  keep  these  gentlemen  from  rubbing  out  that  mark.  They 
have  been  rubbing  it  out  for  the  last  two  and  a  half  centuries;  and  if  you 
look  at  this  crowd  [turning  to  the  galleries]  you  will  not  find  a  fall- 
blooded  African,  nor  will  you  find  one  in  the  State  of  Arkansas.  We 
merely  desire  that  there  shall  be  inserted  in  this  Constitution  a  clause 
making  it  obligatory  upon  the  Legislature  to  prevent  this  miscegenation. 

(  371  ) 


1868.] 


DEBATES  Al^D  PEOCEEDmGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces,— MONTGOMERY— McCLUEE. 


The  colored  people  desire  it,  and  we  desire  it.  But  we  do  not  desire  the 
insertion  of  a  clause  which  shall  declare  that  no  man  shall  marry  a  black 
woman,  but  which  says,  in  effect,  that  a  man  may  cohabit  with  a  black 
woman,  illegitimately,  and  at  his  will.  For  this  reason,  I  desire  that  the 
substitute  shall  be  placed  before  the  Convention.  This  is  not  a  question 
of  social  equality,  entirely.  The  question  before  the  Convention,  and  the 
question  which  will  be  before  the  people,  is  that  of  political  equality 
merely.  The  people  will  arrange  the  question  of  social  equality  for  them- 
selves, irrespective  of  anything  that  we  may  do. 

The  gentleman  [Mr.  Bradley]  accuses  us  of  trifling.  We  have,  since 
the  question  of  reconstruction  has  arisen,  seen,  in  South  Carolina,  the  en- 
actment of  laws  which  declare  that  a  black  man  shall  not  marry  a  white 
woman,  and  that  if  found  in  cohabitation  with  her,  he  shall  stand  in  the 
pillory — and  so  on ;  but  not  a  single  enactment  forbidding  a  white  man 
to  cohabit  with  a  black  woman,  save  under  the  ban  of  marriage  [Applause 
on  the  right.]  This  is  the  kind  of  legislation  that  has  taken  place  in  this 
State.  Why  not  put  the  two  races  on  an  equality  in  this  respect,  and,  if 
you  interpose  a  prohibition  against  the  one,  do  the  same  against  the  other  ? 
Let  the  rule  work  equally,  and  be  so  framed  as  to  cover  the  whole  ground. 
When  the  gentleman  accuses  us  of  trifling,  he  had  better  look  to  home. 
We  do  not  propose  to  trifle  about  this  matter.  The  Republican  Party 
does  not  propose  to  trifle  with  this  matter.  They  propose  to  make  their 
record,  and  that  for  the  purposes  of  the  coming  canvass;  and  they  do  not 
propose  to  be  that  conglomerated  set  of  political  apes,  and  aspirants, 
which  a  certain  "hippodrome"  accuses  them  of  being. 

Mr.  McCLUEE.  For  the  life  of  me,  sir,  I  could  never  account  for  the  dis- 
position manifested  by  some  individuals,  to  imagine  that  their  rights  and 
privileges  depend  altogether  upon  Constitutional  provisions,  and  legisla- 
tion. It  is  generally  supposed  that  men  are  entitled,  by  nature,  to  certain 
political  and  social  rights,  the  claim  to  which  cannot  be  disturbed  by 
le2;itimate  legislation,  and  which  have  no  need  of  legislation  in  order  to 
their  definition.  But  it  seems  that  men's  rights,  in  this  country,  have  to 
be  defined  by  the  limits  and  privileges  appointed  by  law.  There  may,  sir, 
be  some  reason  for  this.  The  system  of  society  that  has  been  in  vogue  in 
this  portion  of  the  country,  since  its  organization  as  a  State,  has  been  of 
this  kind.  There  may  be  men  who  are  unable  to  resist  the  temptation  to 
intermarry  with  an  inferior  race.  But  if  so,  there  is  a  proper  tribunal 
before  which  such  men  can  appear,  and  select  guardians  for  themselves. 
If  these  men  have  not  the  intelligence  to  protect  themselves,  the  law  pro- 
vides a  means  for  obtaining  them  guardians,  without  whose  consent  they 
cannot  marry. 

As  to  what  has  been  said  in  regard  to  the  defeat  of  the  Constitution, 
unless  the  line  of  demarcation  between  the  races  shall  be  distinctly 
(  372  ) 


Jan.  29th.]  AEKAIs'SAS  COXSTITUTIOXAL  COXYEXTIOX.  [18th  Day. 


Intermarriage  of  the  Eaces.— McCLUEE— CTPEET. 


marked  therein,  I  have  to  say,  as  a  member  of  the  Committee  on  the 
Constitution,  its  Arrangement,  and  Phraseology,  that  I  desire  no  such 
instruction  as  is  by  this  resolution  proposed.  I  am  willing,  sir,  to  let 
these  people  take  their  chance;  and  if,  in  the  race,  with  the  majority  of 
two  to  .one  against  them  in  the  State,  with  the  intelligence,  and  expe- 
rience, and  superior  wisdom  that  is  claimed  for  the  whites  of  the  State, 
the  blacks  shall  be  overridden,  I  am  not  disposed  to  interfere.  So  far  as 
I  am  individually  interested  in  the  resolution,  I  must  frankly  state  that  I 
cannot  conscientiously, — nor  would  I, — report  any  such  provision  in  the 
Constitution  of  the  State  of  Arkansas.  There  are  men  in  all  communities 
whose  judgment  I  respect  ';  but  in  looking  over  the  history  of  this  country 
for  thirty  years  past,  I  cannot  but  observe  that  the  ideas  advocated  by 
gentlemen  upon  this  floor  have  never  been  prevalent  in  this  coimtry;  and 
it  is  but  safe  to  say,  that  their  judgment  is  not  worth  that  I  [Snapping  his 
fingers.]  The  people  of  Arkansas,  about  whom  I  have  heard  so  much 
talk, — this  great  and  glorious  people  who  have  been  "  harnessed  to  the 
soil," — have  been  accustomed  to  the  institution,  to  its  vices,  and  to  the 
odium  that  attaches  to  it.  I  have  learned  this;  that  in  legislating  upon 
the  heels  of  a  revolution,-  it  is  not  safe  to  disturb  the  ancient  and  tixed 
landmarks  of  society.  For  that  reason,  I  propose  to  let  this  matter  stand 
where  it  is.  If  the  citizens  are  accustomed  to  it,  it  seems  to  me  that  to 
invade  the  established  line  of  social  privileges,  would  create  a  prejudice 
against  those  who  did  so.  If  the  line  which  it  is  now  sought  to  create 
has  never  been  observed,  we  begin  to  create  a  revolution,  the  moment  we 
attempt  to  establish  the  line.  And  if  these  men  must  have  protection,  let 
them  seek  it  through  the  agency  of  their  guardians. 

Mr.  CYPERT.  I  am  sorry  that  the  gentleman  did  not  come  to  this  con- 
clusion a  few  days  ago.  I  have  always  been  of  the  opinion  that  legisla- 
tion, of  a  disturbing  character,  "upon  the  heels  of  a  revolution,"  was  not 
very  safe.  Hence,  I  proposed  the  Ordinance  adopting  the  old  Constitu- 
tion, and  leaving  the  old  landmarks  where  they  stood.  If  the  gentle- 
man, and  his  friends,  had  then  agreed  with  me,  he  might  have  gone  home 
long  ago;  and  the  people  would  not  be  paying  us  eight  dollars  a  day  for 
staying  here. 

I  do  not  propose  to  discuss  this  question.  It  has  been  sufficiently  dis- 
cussed, upon  both  sides.  But  I  must  ahude  to  one  remark  of  the  gentle- 
man from  Hempstead  [Mr.  Montgomery.]  I  think  his  comparisons  were 
really  unjust.  He  desired  gentlemen  to  look  at  the  gallery.  I  do  not 
think  the  gallery  of  this  hall  presents  a  fair  specimen  of  the  negro  race  in 
this  community.  I  see,  there,  what  I  can  account  for  only  as  traces  of  the 
Yankee  blood — of  curiosity— of  prying  into  other  people's  affairs.  I  can 
in  no  other  way  account  for  the  phenomena  presented  in  the  daily  gather- 
ings in  that  gallery;  and.I  cannot  regard  it  as  presenting  a  fliir  specimen 

(  HT3  ) 


1868.] 


DEBATES  AND  PEOCEEDIJSTGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces. — GKEY. 


of  the  negroes  of  Arkansas.  The  gentleman  might  have  turned  to  his 
colleague  [Mr.  Samuels],  and  seen  a  different  type,  and  a  fair  specimen, 
I  suppose,  of  that  race,  in  this  community. 

'  Mr.  GREY,  of  Phillips.  I  may  simply  say,  in  regard  to  this  matter,  that 
the  gentleman's  remarks  call  to  my  mind  one  reason  for  ohjection  to  the 
proposition,  in  the  form  in  which  it  now  stands  before  the  Convention. 
A  gentleman  [Mr.  Bradley]  remarked,  a  while  ago,  that  the  reason  why 
there  was  no  necessity  in  the  North  for  such  provisions  as  this,  was,  that 
there  is  no  negro  suffrage  there.  If  the  gentleman  will  permit  me,  I  will 
correct  him,  by  saying  that  there  is,  and  has  been,  more  or  less  of  negro 
suffrage,  in  the  States  of  the  Union,  without  exception,  from  the  time 
that  they  passed  from  the  condition  of  colonies,  and  the  organization  under 
the  Articles  of  Confederation.  To-day,  in  Massachusetts,  and  even  in 
Ohio,  negroes  vote.  In  Massachusetts,  they  sit  in  the  Legislature.  The 
"solid  men  of  Boston"  have  elected  a  negro  lawyer  to  represent  them 
in  that  Legislature — elected  him,  not  by  negro  votes,  but  by  the  votes  of 
white  men.  I  have  to  admit,  to-day,  that  among  these  gentlemen  com- 
monly called  the  Yankees,  I  have  found  more  prejudice  against  the  negro, 
than  in  the  South.  Where  they  had  occasion  to  do  a  kind  act,  they  had 
not  the  same  generous  impulses.  They  looked  upon  us  as  men,  politically 
entitled  to  certain  rights;  but  we  could  never  get  as  close  to  a  Yankee  as 
to  a  Southern  man.  /never  could.  It  has  always  been  a  sorrow  to  me 
that  the  men  among  whom  I  grew  up,  and  with  whose  children  I  was 
raised,  when  it  came  to  giving  me  my  rights,  refused  them.  In  every 
other  respect,  I  had  always  looked  upon  them  as  my  friends.  For  this 
reason,  there  is  no  fear  of  miscegenation  in  the  l^orth.  I  have  seen,  within 
fifty  miles  of  St.  Louis,  the  little  children  crowding  the  fence-rails,  to  look 
at  a  negro,  and  examining  him  with  as  much  curiosity  as  if  he  had  been  a 
wild  beast.  They  know  nothing  about  the  negro,  in  that  country,  except 
through  the  newspapers,  and  the  descriptions  given  by  their  friends,  who 
had  been  down  South  and  seen  the  animal.  'Now,  if  there  is  no  danger 
there,  and  if,  as  I  have  heard  remarked  on  this  floor,  gentlemen  wish  to 
make  a  Constitution  such  as  the  i^orthern  States  have,  I  cannot  see  how 
this  project  can  be  accomplished  under  present  circumstances. 

The  resolution  will  lead  to  a  legislation  of  this  kind.  A  clause  of  the  same 
nature  appears  in  the  Constitution  of  Kentucky;  and  the  legislation  which 
it  originates,  is  this.  Not  only  is  a  negro  forbidden  to  marry  into  the 
Saxon  race,  but  for  the  crime  of  rape,  he  is  burned  to  death ;  yet  that  same 
law  does  not  contemplate  it  as  possible  for  a  white  man  to  commit  a  rape 
upon,  or  even  to  cohabit  with,  a  negro  woman.  I  hold  it  as  an  act  of 
justice,  that  we  should  have  the  same  rules  prescribed  for  us  which  you 
prescribe  for  yourselves.  Make  the  law  equal  on  both  sides  of  the  house. 
There  lies  my  objection  to  the  present  proposition.  For  hereafter,  as  in 
(  374  )  • 


Jan.  29th.]  AEKAXSAS  COXSTITUTIOXAL  CO^'YEXTIOX.  [ISth  Day. 


Intermarriage  of  the  Eaces. — GREY — TTILSOX. 


the  past.  I  propose  that  this  shall  remain  a  white  man's  government. 
Gentlemen  seem  to  be  afraid  that  it  is  not  to  be  so.  I  want  them  to  legis- 
late, and  to  carry  on  the  machinery  of  the  government.  I  admit  that  they 
have  the  talent  and  the  wealth  of  the  country  :  at  the  same  time.  I  wish 
to  hold  np  before  them  the  scales  of  justice — and  like  the  ancient  statue 
of  Justice,  let  them  be  blind — let  them  know  no  man's  color,  or  previous 
position.  TThen  you  place  in  your  Constitution  a  provision  of  this  nature, 
YOU  at  once  create  an  inequality.  Personally.  I  have  no  objection  to  the 
proposition,  provided  tliat  no  ulterior  wrong  will  arise  from  its  acceptance: 
but  the  seed  you  plant  will,  in  spite  of  yourselves,  produce  that  sort  of 
veo'etable.  If  we  pdant,  in  our  organic  law.  seeds  that  will  bring  f()rtli 
fruits  of  injustice,  we  must  expect  these  fruits  to  appear  in  our  legislation. 
If  you  can  so  arrange  that  proposed  clause  of  the  Constitution  as  to  make 
it  equal,  and  to  make  its  restrictions  as  binding  upon  others  as  upon  me, 
I  have  no  objections  in  the--world  to  its  adoption. 

Mr.  TTILSOX.  I  have  been  very  much  astonished,  to  hear  any  gentle- 
man upon  this  floor  offer  to  intimate  an  idea  in  opposition  to  the  introduc- 
tion, into  our  organic  law.  of  a  regulation  of  the  marriage  state.  It  is 
true,  they  have  an  illustrious  example  for  neglecting  it;  for  in  the  Alabama 
Constitution  tliere  is  nothing  upon  the  subject,  and  no  provision,  indeed, 
that  anybody  shall  marry.  I  presume  that  will  suit  the  taste  of  some  gen- 
tlemen, better  than  anything  which  will  regulate  the  marriage  relation. 
I  promised,  for  one,  that  I  would  exert  my  infiueuce  in  favor  of  an  organic 
law  upon  that  subject,  to  create  a  foundation  upon  wliich  future  legislation 
might  be  based,  for  the  protection,  not  only  of  my  offspring,  but  of  the 
offspring  of  the  other  race.  And  to  see  gentlemen  rising  up  here  and 
speaking  about  this  all  being  a  matter  of  taste — gentlemen  belonging  to 
the  Eepublican  Party,  with  vdiich  I  am  acting !  They  are  sneered  at,  at 
every  corner,  and  charged  with  being  amalgamationists ;  and  they  come 
here  this  morning  and  say  they  want  no  legislation  upon  the  subject — it's 
all  a  matter  of  taste  I  I  am  astonished  that  any  man  will  think  such  a 
thing,  much  less  speak  it  I  I  tell  you,  the  coon  and  the  cock,  the  emblems 
which  ornamented  the  hall  where  the  Democratic  Convention  sat  to-day, 
found  their  best  consolation  and  hope  in  the  charo^e  that  we  were  for  social 
equality  of  the  races.  TTe  see  it  charged  upon  us,  in  every  Copperhead 
sheet.  And  here  we  are  told,  it  is  all  a  matter  of  taste !  Where  are  we 
drifting  to,  gentlemen  ?  Are  we  not  disposed  to  make  any  law  upon  a 
subject  like  this,  touching  the  very  vitals  of  our  existence,  and  of  the 
existence  of  society?  Give  us  an  organic  law  on  the  subject,  and  make, 
as  the  gentleman  from  Bradley  [Mr.  Bradley]  said,  a  line  of  demarcation. 
I  have  promised  the  black  people  that  I  would  give  them  suffrage,  but 
never  that  I  would  give  them  my  daughter.  I  told  my  constituency  I 
would  indorse  nothing  that  looked  to  social  equality  of  the  races,  their 


1868.] 


DEBATES  Al^J)  PEOCEEDmGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces.— WILSON— LANGLEY. 


intermarriage,  or  anything  of  the  kind ;  and  it  does  chagrin  me,  and  fill 
me  with  supreme  contempt,  for  any  man  to  talk  of  this  being  a  matter  of 
taste. 

It  is  true  that  my  friend  from  White  County  [Mr.  Cypert]  did  offer  us 
an  instrument  which  contained  nothing  on  the  subject  of  marriage,  and 
now  condemns  us,  and  holds  us  to  responsibility,  for  not  receiving  the 
pretty  thing  which  he  presented  us  for  acceptance  as  the  organic  law  of 
the  State — a  Constitution  which  contained  not  a  word  upon  this  point.  He 
has  pledged  himself  to  help  to  defeat  any  constitution  that  may  do  so — 
pledged  to  oj)pose  whatever  we  may  do.  And  we  hear  gentlemen,  of  his 
political  opponents  and  my  political  friends,  say  that  this  is  a  matter  of 
choice — a  matter  of  taste — nothing  to  do  with  the  law!  My  voice  will 
always  be  against  it.  I  say,  give  us  a  prohibition  in  the  organic  law  of 
the  State.  I  should  have  had  no  objection  to  the  reference  to  the  Commit- 
tee on  Boundaries;  for  I  am  on  that  Committee,  myself.  My  friend  from 
Eradle}^  [Mr.  Bradley],  the  gentleman  from  Columbia  [Mr.  Beasley], 
and  myself,  could,  and  would,  have  done  something,  on  our  part  at  least, 
in  favor  of  the  measure. 

Mr.  LANGrLEY.  This  is  an  age  of  improvement.  Keform  is  the  order 
of  the  day.  I  think  we  may  get  ourselves  into  a  difficulty,  by  inserting 
in  the  organic  law  of  the  State  something  that  will  show  to  after  ages  that 
we  acted  in  violation  of  the  inalienable  rights  of  man.  I  consider  a  reso- 
lution of  this  kind  as  unnecessary,  from  the  fact  that  society  regulates 
itself.  It  requires  no  law,  to  regulate  this  subject.  I  am  unwilling  that 
anything  of  the  kind  should  go  into  the  Constitution ;  and  I  am  willing 
that  my  record  should  be  so  made.  Six  years  ago,  if  a  man  said  he  was 
in  favor  of  universal  freedom,  he  was  thrown  into  a  cell  as  noisome  as 
the  Black  Hole  of  Calcutta, — as  close,  and  apparently  as  hopeless,  as  the 
Bastile.  I  was  called  iion  compos  mentis,  at  that  time,  because  I  said  that 
all  men  ought  to  be  free.  I  say,  now,  when  all  men  in  this  country  are 
free,  that  if,  under  the  law,  a  man  is  free,  he  has  the  right  to  marry  as  he 
pleases.  Some  gentlemen  talk  as  if  we  w^ere  going  to  force  men  to  marry 
negroes.    Let  society  regulate  itself,  on  such  matters. 

This  is  an  argument  addressed  to  our  prejudices.  There  is  no  scientific 
knowledge  in  such  an  argument.  I  say,  as  a  scientific  man,  you  cannot 
draw  a  line  between  the  races.  In  many  cases  there  is  not  one  drop  of 
negro  blood  in  ten.  The  blood  of  almost  the  entire  negro  race  is  inter- 
mixed with  that  of  the  white.  Perhaps  there  are  not  five  hundred  full- 
blooded  negroes  in  the  State  of  Arkansas  ;  and  when  you  come  to  draw 
a  line,  you  will  have  a  very  nice  question  to  settle.  Prohibit  the  Ameri- 
can from  marrying  the  Irish,  the  Dutch,  or  any  other  foreign  race,  and 
you  will  be  justified  in  such  a  prohibition,  just  as  much  as  you  are  in  that 
which  is  now  proposed.  ]N"ow,  while  I  prefer  to  marry  a  white  lady,  and 
{  376  ) 


Jan.  29th.]  ARKAIs^SAS  CO]S^STITUTIO^s^AL  COIS^YENTIOX.  [18th  Day, 


Intermarriage  of  the  Races. — LANG-LEY. 


am  not  in  favor  of  forcing  a  man  to  marry  a  negress,  yet,  if  he  wishes  to 
do  so,  let  him  enjoy  the  privilege  of  selecting  his  own  wife.  Snch  a  law 
as  is  proposed  would  not  hinder  illicit  intercourse.  I  say,  sir,  as  a  phre- 
nologist and  anatomist,  it  is  a  fact  that  illicit  intercourse  has  taken  place, 
that  the  two  races  liave  amalgamated  ;  and  we  cannot  regulate  such  mat- 
ters b}^  law.  It  is  contrary  to  the  doctrine  of  the  inalienable  rights  of 
man ;  it  is  contrary  to  the  doctrines  of  the  Declaration  of  Independence. 
This  is  nfy  first  objection.  In  the  second  place,  the  proposition  is  uncon- 
stitutional. I  read  from  the  Fourteenth  Article  of  Amendment  to  the 
Constitution  of  the  United  States : 

"  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to  the 
jurisdiction  thereof,  are  citizens  of  the  United  States  and  the  State  wherein 
they  reside.  State  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United  States;  nor  shall  any  State 
deprive  any  person  of  life,  liberty,  or  property,  without  due  process  of  law? 
nor  deny  to  any  i^erson  within  its  jurisdiction  the  equal  protection  of  its  laws," 

Mr.  CYPERT.  Is  that  a  part  of  the  Constitutiun,  now? 

Mr.  LA^^GLEY.  It  is  part  of  the  condition  precedent  to  our  admission 
into  the  Union.  Congress  will  reject  any  constitution,  containing  such  a 
provision.  Congress  has  virtually  declared  that  we  must  allow  all  men 
the  free  exercise  of  their  rights.  Talk  about  social  equality!  Sir,  if  I 
attempt  to  force  myself  into  your  society,  or  that  of  your  family,  you  can 
kick  me  out  of  your  house ;  I  cannot  say  that  you  must  take  me  into  your 
parlor,  to  converse  with  your  wife  or  daughters.  That  is  a  matter  of 
agreement — it  is  a  matter  of  courtesy,  i^o  law  is  required  upon  the  sub- 
ject. We  will  only  display  our  ignorance.  I  shall  record  my  vote  against 
the  proposition,  if  every  other  man  in  this  Convention  votes  otherwise.  I 
am  willing  to  record  my  vote.  I  can  vindicate  mj  course  afterwards.  It 
may  make  me  unpopular  now,  just  as  it  made  me  unpopular,  in  '62  and 
'64,  to  say  that  all  mankind  ought  to  be  free.  I  tell  you,  again,  that 
we  cannot  draw  the  line  of  distinction,  to  show  where  we  shall  stop. 
You  say  it  is  wrong  for  the  white  man  .to  marry  the  colored  woman. 
Admit  it  is:  but  who  is  to  be  the  judge?  Who  made  you  the  judge? 
Suppose  I,  or  some  other  man,  differs  from  you,  how  can  you  decide  the 
matter?  Some  gentlemen  speak  as  if,  if  we  foil  to  prohibit  intermarriage 
between  the  races,  we  should  compel  it.  There  is  no  force  in  such  an 
argument.  I  did  not  rise  to  "  gas,"  but  merely  to  state,  in  simple  form, 
my  objection  to  such  legislation  upon  the  subject.  I  hope  we  will  vote 
upon  it  with  discretion,  I  hope  the  colored  people  will  not  be  caught  in 
a  trap  of  this  sort.  I  hope  they  will  all  vote  against  any  proposition  of 
the  kind.  jSTot  that  I  would  in  the  least  encourao-e  intermarria2:e  between 
the  colored  and  the  white  people.    I  think  it  wrong,  and  inexpedient;  but 

(  sn  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces.—LANGLEY—SARBEK— EVANS. 


I  say  that  when  we  undertake  to  legislate  upon  such  points,  we  act  in 
violation  of  a  principle  that  is,  or  should  be,  dear  to  us — we  strike  at  the 
very  fundamental  principle  of  liberty  itself.  When  you  declare  that,  in 
such  a  matter  as  that  of  marriage,  I  shall  not  choose  for  myself, — when 
you  begin  to  limit  me  here,  you  may  as  well  say  I  should  not  marry 
an  English  lady,  a  Dutch  lady,  a  French  lady.  And  indeed,  people  did 
think,  a  few  years  ago,  it  was  very  wrong  to  marry  a  foreign  lady.  They 
would  have  been  just  as  much  opposed  to  the  social  equality  of  the  Dutch, 
or  of  the  Yankees,  as  they  now  are  to  that  of  the  negroes.  This  is  simply 
a  matter  of  prejudice.  I  contend  that  it  has  no  solid  foundation.  It  may 
be  a  very  good  thing  for  an  electioneering  scheme.  The  object  of  the 
proposition  is  simply,  I  verily  believe,  to  make  political  capital. 

Mr.  SARBER.  As  this  seems  to  be  a  very  important  matter,  and  many 
learned  and  intelligent  legal  gentlemen  have  given  us  opinions  upon  it, 
and  as  a  difference  seems  to  exist,  in  the  minds  of  gentlemen,  upon  the 
subject,  I  think  the  proper  course  will  be  to  refer  the  entire  question  to 
the  Committee  on  the  Judiciary. 

I  therefore  move  to  refer  the  entire  subject  to  that  Committee. 

Mr.  BRADLEY  asked  for  the  yeas  and  nays« 

The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  it  was  decided  in  the  negative, — Yeas 
18,  ITays  48,  as  follows : 

Yeas  :  Messrs.  Belden,  Exon,  Gray  of  Jefferson,  Hinds,  Hodges  of  Pulaski, 
Langley,  Merrick,  Montgomery,  Murphy,  McClure,  Eawlings,  Rector,  Rounsa- 
ville,  Sarber,  Scott,  Williams,  Wyatt,  and  the  President— 18. 

Nays  :  Messrs.  Beasley,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  Corbell, 
Cypert,  Dale,  Duvall,  Evans,  Gantt,  Grey  of  Phillips,  Harrison,  Hatfield, 
Hawkins,  Hicks,  Hinkle,  Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle,  Mal- 
lory,  Mason,  Matthews,^  Misner,  Millsaps,  McCown,  Moore,  Norman,  Oliver, 
Owens,  Poole,  Portis,  Priddy,  Puntney,  Reynolds,  Samuels,  Shoppach,  Smith, 
Sims,  Snyder,  Van  Hook,  Walker,  Wilson,  White,  and  Wright — 48. 

So  the  Convention  refused  to  refer  the  resolution  to  the  Committee  on 
the  Judiciary. 

Pending  the  call  of  the  roll, 

Mr.  EVANS  (when  his  name  was  called)  said:  I  want  to  put  myself 
squarely  upon  the  record.    I  shall  vote  against  the  adoption  of  the  resolu-* 
tion,  and  against  anything  that  wilf  hinder  a  direct  vote  upon  the  resolu- 
tion. 

The  vote  was  then  announced,  as  above. 

The  question  recurring  upon  the  adoption  of  the  substitute, 
Mr.  GANTT  asked  for  the  yeas  and  nays. 
(  378  ) 


Jan.  29th.]  AEKANSAS  CONSTITUTIONAL  CONVENTION.  [18th  Day. 


Intermarriage  of  the  Eaces. — BKOOKS. 


The  yeas  and  nays  were  ordered. 

Mr.  BROOKS.  I  hoped,  when  this  matter  was  first  introduced,  that  not 
much  time  would  be  occupied  upon  the  subject.  I  did  not,  really,  suppose 
that  it  was  a  subject  on  which  we  could  need,  now,  to  consume  time.  But 
a  wider  range  has  been  taken  than  1  anticipated.  I  must  say,  sir,  that, 
under  the  circumstances,  and  considering  the  latitude  which  has  been 
given  to  the  discussion,  I  think  it  very  desirable  that  we  should  votedirectl}^ 
upon  the  proposition  which  has  been  presented.  I  think  there  is  no  dis- 
position, upon  the  part  of  any,  to  dodge  the  encounter;  and  I  think  the 
motions  which  have  been  presented,  to  refer  to  committees,  have  not 
been  designed  as  dodges.  I  tliink  no  such  interpretation  can  legitimately 
be  placed  upon  the  votes  which  have  been  given.  As  between  the  sub- 
stitute and  the  original  motion,  I  should,  most  decidedly,  give  my  pref- 
erence to  the  substitute. 

I  do  not  think  it  desirable  that  we  should  attempt,  by  Constitutional 
provision,  or  by  legislation,  enactments  to  regulate  the  subject  of  marriage, 
as  between  races  or  classes.  I  do  not  think,  sir,  that  by  enactment,  in  the 
Constitution,  securing  to  every  person,  irrespective  of  race,  color,  or  con- 
dition, equality  with  others  before  the  law,  and  ignoring  the  question  of 
legislation  upon  social  and  conjugal  relations,  we  at  all  put  ourselves  upon 
the  record  in  favor  of  social  and  conjugal  relations  between  different  races 
or  classes.  I  think  that  by  doing  the  one  we  but  do  what  the  civilization 
of  the  age  demands,  we  but  do  what  the  laws  of  Congress,  under  which  we 
are  assembled,  require  of  us — to  reconstruct  civil  government,  and  restore 
peace,  and  order,  and  quiet,  in  the  State  of  Arkansas.  When  we  shall 
have  reached  the  period  when  legislative  enactment  shall  be  necessary,  as 
to  the  arrangements  of  my  parlor,  or  my  bed-chamber,  I  hold  that  the  Con- 
vention, or  the  Legislature,  will  have  passed  beyond  their  legitimate  do- 
main. I  hold  that  while  we  may,  in  protection  of  public  morals  and  in  con- 
formity with  the  declarations  of  God's  Word,  make  regulations  respecting 
the  number  of  wives  that  men  may  take  to  themselves,  and  so  forth,  there 
is  nothing  in  God's  law,  the  Constitution  of  the  United  States,  thephilbso- 
phy  of  human  society,  or  the  political  history  of  this  country,  that  would 
indicate  it  as  an  omission  to  perform  an  important  duty,  and  discharge  a 
weighty  responsibility,  for  us  to  simply  leave  the  question  of  men's  love 
and  courtship  and  marriage  and  conjugal  life, — so  that  they  keep  within  the 
boundaries  prescribed  by  God's  law,  and  the  organic  laws  of  the  country, — 
to  their  own  preferences,  tastes,  and  habits. 

I  can  well  understand  how  honorable  gentlemen,  concurring,  substan- 
tially, with  others  of  us,  upon  the  questions  of  human  freedom  and  of  civil 
equality,  from  their  standpoint  feel  somewhat  tender  and  sensitive  respect- 
ing this  question.  I  know,  full  well,  what  it  is  to  be  twitted  with  these 
things.    I  understand  the  force,  morally,  socially,  and  politically,  of  these 

(  379  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces. — BROOKS. 


taunts  and  goads  and  thrusts,  from  men  prompted  by  prejudice,  and  having 
regard  to  an  ulterior  object.  We  have  been,  some  of  us,  for  years  accus- 
tomed to  all  this — it  is  no  new  thing.  And  our  friends  who  have  espoused, 
justly  and  righteously,  the  cause  of  human  freedom  and  equality  of  rights 
before  the  law,  are  but  now  entering  upon  that  interesting  period  of  per- 
sonal, and,  perhaps,  of  political  history,  through  which  others  have  passed 
years  ago.  They  are  now  being  brought  to  the  contemplation  of  some  of 
the  beauties,  and  to  taste  some  of  the  sweets,  of  inbred,  century-grown 
prejudice,  a  prejudice  against  the  equal  rights  of  men  of  all  colors  and 
conditions.  Having  been  driven — I  do  not  speak  with  harshness  or  ill- 
temper — but  the  enemies  of  equal  rights,  or  equal,  even-handed  justice, 
having  been  regularly  driven  from  their  fortifications  and  strongholds,  from 
point  to  point,  from  stage  to  stage,  by  the  invincible  force  of  truth  and 
logic,  and  the  history  and  philosophy  of  the  period,  are  now  clinging,  as 
their  last,  final  hope,  to  this,  worn,  tattered,  ragged  relic  of  the  prejudices  of 
ages,  and  striving  to  stir  up  some  feeling  by  an  appeal  to  the  family  pride, 
and  prejudice  of  race  and  education,  of  many  of  our  noble-hearted  and 
true  friends  upon  this  floor,  in  order,  if  possible,  to  insert  an  entering 
wedge  into  this  consolidated  party  here,  and  to  raise  a  great  hue  and  cry, 
from  one  end  of  the  State  to  the  other,  over  a  question  of  this  kind,  which 
has  been  discussed,  worn  out,  exhausted,  and  dismissed  from  discussion, 
by  the  more  intelligent  portion  of  the  American  people,  long  since.  I  am 
sorry.  And  yet  I  explain  it  in  this  way ;  that  it  is  the  prejudice  of  educa- 
tion, and  the  indisposition  to  confront  the  known  views,  tastes,  and  preju- 
dices, of  neighbors,  and  old  friends,  and  family  relations,  with  regard  to 
this  question.  Sir,  I  have  this  to  say.  'Not  as  against  the  people  of 
Arkansas, — the  old  citizens  or  the  young  citizens,  the  native-born  or  those 
that  have  subsequently  selected  their  home  upon  this  soil :  I  have  to  say, 
on  behalf  of  the  morals  of  the  people  of  Arkansas,  if  this  be  regarded 
as  a  question  of  morals, — I  have  to  say  upon  the  ground  of  an  apprecia- 
tion of  their  taste,  if  it  be  put  as  a  question  of  taste, — I  am  willing  to  say, 
on  fheir  behalf,  as  respects  the  opinions  and  social  feelings, — the  social 
standards  established  in  Arkansas, — if  it  be  tested  by  such  a  standard  as 
that, — -that  I  think  such  a  provision  in  the  organic  law  of  the  State  wholly 
unnecessary.  I  have  to  say  for  myself,  however  I  may  sympathize  with  the 
prejudiced  feelings  of  gentlemen  who,  in  regard  to  other  interests,  are  as  true 
to  the  flag,  and  the  main  principles  upon  which  these  views  are  being  sepa- 
rated and  crystallized,  as  it  were,  as  any  men, — that  they  under-estimate  the 
taste  and  cultivation,  to  say  nothing  of  the  prejudices,  of  themselves,  even, 
and  of  their  families  and  children.  I  have  to  say  that  upon  this  subject 
I  have  no  wish  that  there  should  be  placed  in  the  organic  law  of  the  State 
of  Arkansas,  anything  to  hinder  me  from  giving  my  daughter  to  any  one, 
of  any  race  or  color,  that  does  not  fill  my  bill.  While  I  have  my  tastes 
(  380  ) 


Jan.  29th.]  AEKAXSAS  COXSTITrTIOXAL  COXTEXTIOX.  [18tb  Dar, 


Intermarriage  of  the  Eaces.— BEOOKS. 


and  prejudice?  of  race,  and  family,  and  all  that,  as  other  persons  have,  I 
suppose  I  feel  myself,  and  my  daughters,  and  my  only  remaining  son,];)*er' 
fectlv  competent  to  control  and  govern  these  matters  for  ourselves.    I  do 
not  ask  this  Convention  to  legislate  my  daughter  from  the  arms  of  a  gross 
colored  man, — or  a  ^-  lager-heer  Dutchman,''"  if  you  choose,  sir.    I  do  not 
ask  the  Legislature  of  Arkansas  to  put  up  a  barrier  to  prevent  my  son  or 
daucrhter  from  perpetrating  social  monstrosities — if  they  be  regarded  as 
m-onstrosities.    I  would  do  anything  that  I  might  consistently,  to  accom- 
modate any  gentlemen,  or  party,  that  may  feel  it  necessary  to  have  legis- 
lation upon  the  subject,  to  prevent  their  intermarriage  or  miscegenation 
with  any  race.    I  would  be  ready  to  go  into  even  that  kind  of  special 
leo'islation,  if  I  could  do  it  consistently  with  tlie  essential  principles  that 
should  enter  into  the  organic  law  of  a  great,  majestic  State.    But  I  do 
trust  we  shall  not  come  down  and  incorporate,  here,  in  the  organic  law  of 
the  State,  a  rule  to  govern  each  man's  house  and  family.    I  do  not  want 
the  Constitutional  Convention  to  legislate  some  man  into  or  out  of  my 
parlor,  or  to  legislate  me  into  or  out  of  his.    These  are  c^uestions.  not  of 
politics,  but  of  the  philosophy,  of  the  social  history,  of  the  world.  They 
regulate  themselves,  and  gather  society  into  classes,  which  cling  around 
their  great  central  ideas,  rules,  and  principles.    You  never  can  regulate 
social  and  conjugal  intercourse  by  law.    I  grant,  of  course,  you  may  erect 
a  barrier  to  legal  intercourse  :  .^and  when  you  shall  have  done  that,  then, 
if  men's  tastes,  or  women's  either,  run  counter  to  the  rule  which  you  estab- 
lish, they  will  find  ways  and  means,  as  remarked  by  the  honorable  gentle- 
man on  the  other  side  of  the  hall  [Mr.  Laxg-ley].  for  the  accomplishment 
and  gratification  of  their  tastes,  socially  and  sexually.    It  is  utterly  im- 
possible to  control  by  any  such  barrier.    I  take  it  for  granted,  that  as  I  do, 
gentlemen  honestly  deprecate  conjugal  relations  between  the  two  races. 
If  I  should  raise  a  dauo^hter  or  son  so  totallv  destitute  of  education  or 
taste,  that,  when  they  shall  have  passed  beyond  the  control  of  the  parental 
roof,  they  should  form  improper  and  ill-advised  connections  of  a  matrimo- 
nial character,  with  this  down-trodden  and  degraded  race,  or  any  other 
that  shall  be  obnoxious  to  my  tastes,  views,  and  feelings,  I  do  not  ask  any 
legislation  on  the  subject.    Let  them  confront  the  tastes  and  views  and 
habits  of  society,  with  regard  to  all  these  social  citiestions.    And  if  gen- 
tlemen are  sincere  in  desiring  to  prevent  this  intercourse  of  the  races, 
either  by  marriage  or  illicitly,  except  as  you  may  enact  laws  for  the  regu- 
lation of  the  morals  of  society  with  regard  to  intercourse  between  the 
sexes,  then  do  nothing  upon  this  subject.    There  is  a  more  powerful  regu- 
lation, to  control  these  matters,  if  yoti  leave  them  wholly  to  society.  Let 
the  philosophy  of  society,  let  the  fitness  of  things,  let  the  proprieties  of 
hfe,  let  the  social  standard  fixed  by  the  people,  without  regard  to  race, 
color,  or  party,  regulate  this  question. 

(  381  ) 


1868.] 


DEBATES  Al^D  PEOCEEDHSTGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces. — BEOOKS. 


Why,  sir,  are  we  ready,  now,  and,  most  of  all,  are  we,  as  Kepublicans, 
rd*a.dy  to  enter  upon  a  system  of  class  legislation  ?  Are  we  ready  to  break 
over  all  the  great  cardinal  principles  upon  which  the  policy  of  the  country 
is  founded  ?  I  speak  not  of  them  as  the  principles  of  a  mere  part3\ 
that  respect,  as  regards  a  mere  political  agitation,  I  have  no  anxieties,  in 
regard  to  this,  that,  or  the  other  party.  But  I  look  at  those  great  principles 
which  lie  at  the  base  of  the  organization  of  the  Republican  Party,  as 
cardinal  principles, — the  principle  of  the  inalienable  character  of  human 
rights.  Are  we  ready  to  sanction  such  a  principle,  in  the  enactment,  in 
the  organic  law  of  Arkansas,  by  Eepublican  votes  ?  For  we  understand 
perfectly  well  that  these  honorable  gentlemen  who  represent  the  Opposi- 
tion are  bound,  by  their  views — certainly  by  the  position  of  their  party, — 
to  antagonize  any  and  all  enactments  that  may  pass  this  body.  If  a  con- 
stitution be  framed  here,  sent  out  to  the  people,  and  ratified  by  the  people, 
and  this  State  restored  to  her  practical  relations  with  the  General  Govern- 
ment, it  must  be  done,  here  and  outside,  by  the  votes  of  friends  of  recon- 
struction, which  is  but  another  term  for  Republican  votes.  We  have  now 
no  longer  a  hope  to  the  contrary — that,  we  see  clearly.  We  did  hope,  at 
an  earlier  period  of  the  session,  that  we  might  have  had  the  co-operation 
of  these  gentlemen.  I  can  say,  without  reflection  upon  any  gentleman, 
we  have  had  the  personal  pledges  of  gentlemen  of  the  Opposition,  that 
they  would  assist  us  in  framing  a  proper  organic  law  for  the  State,  and 
advocate,  before  the  people,  its  adoption.  But  now  we  understand  dis- 
tinctly that  their  position  has  been  changed  by  the  official  action  of  the 
party,  and  they  are  placed  under  obligation  to  oppose  everything  which 
we  may  adopt.  Suppose  we  had  adopted  the  Constitution  proposed  by 
the  honorable  gentleman  from  White  [Mr.  Cypert],  which  ignores  this 
question  entirely.  It  would  have  been  opposed,  upon  the  stump,  and,  I 
submit,  even  here,  by  the  votes  of  these  honorable  gentlemen  themselves, 
upon  the  final  vote.  If  we  should  adopt  the  Constitution  of  Ohio  or  Penn- 
sylvania, are  not  these  honorable  gentlemen  pledged  to  oppose  reconstruc- 
tion upon  any  and  every  basis  ?  With  an  utter  absence  of  feeling,  with 
an  utter  absence  of  everything  that  could  possibly  be  distasteful  to  an 
honorable  man,  I  say  the  issue  is  made  up ;  and  I  ask  honorable  gentle- 
men of  the  Republican  Party,  in  this  hall  and  throughout  the  State, — will 
we  allow  ourselves  to  be  thus  thrown  into  confusion  by  the  introduction  of 
this  tail-end,  this  worn-out  argument  of  the  old  institution  that  cursed  the 
country  and  drenched  it  in  blood  ?  Will  we  cater  to  this  prejudice  of  igno- 
rance, superstition,  and  slavery,  and  allow  ourselves  to  be  thus  distracted 
from  the  pursuit  of  the  great  end  which  we,  in  common,  have  before  us? 
That  is  the  object  of  this  movement  here.  I  charge  it  not  upon  any  indi- 
vidual specifically  ;  but  I  charge  upon  this  movement,  to-day,  in  this  Con- 
vention, that  ultimate  purpose — that  is  the  object  and  aim.  When  you 
(  382  ) 


Jan.  29th.]  AEKANSAS  COIS-STITUTIOiSrAL  COIs^YEISrTIOI^.  [18th  Day. 


Intermarriage  of  the  Kaces.— BEOOKS— CYPEKT. 


come  to  simmer  it  down,  it  is  simply  a  movement,  by  an  appeal  to  the 
prejudices  of  the  people  of  Arkansas,  to  defeat  reconstruction,  and  con- 
tinue this  state  of  disorganization,  anarchy,  and  starvation,  in  our  State.  I 
do  not  believe  that  we  are  ready  for  class  legislation.  We  are  sent  here 
as  the  representatives  of  the  principle  of  anti-class,  anti-sectional  legis- 
lation. 

Mr.  CYPERT.  I  rise  to  a  point  of  order.  If  the  debate  is  to  take  this 
course,  and  all  this  harangue  is  to  continue,  I  call  upon  the  gentleman 
to  stop. 

Mr.  BEOOKS.  Let  the  gentleman  state  his  point  of  order. 

Mr.  CYPERT.  The  gentleman  is  alluding  to  political  affairs  outside 
this  body.  If  that  course  of  debate  is  to  continue,  we  would  like  to  reply 
to  it;  but  we  do  not  desire  to  take  up  the  time  of  the  Convention  in  such 
discussion,  at  all. 

The  PRESIDENT.  The  gentleman  [Mr.  Cypert]  is  out  of  order,  in  the 
lirst  place,  in  characterizing  the  speech  of  the  gentleman  from  Phillips 
[Mr.  Brooks]  as  an  "  harangue." 

Mr.  CYPERT.  It  is  a  matter  of  taste. 

The  PRESIDEJTT.  The  Chair  furthermore  understands  that  the  gentle- 
man from  Phillips  is  speaking  directly  in  favor  of  the  substitute.  The 
gentleman  from  Phillips  will  proceed. 

Mr.  BROOKS.  I  should  perhaps  have  been  through  by  this  time,  if  the 
gentleman  had  refrained  from  the  interruption.  Of  course,  it  is  his  privi- 
lege to  rise  to  a  point  of  order.  And  I  will  only  say  this,  in  addition  to 
what  has  been  presented. 

To  declare  who  shall  be  permitted  to  intermarry,  to  forbid  the  inter- 
marriage of  the  white  with  the  black,  the  mulatto,  or  any  grade  in  the 
infinite  shades  of  color,  I  think  beneath  the  dignity  of  this  body.  I  think 
it  ill-timed ;  and  I  say,  on  behalf  of  myself  and  my  more  intimate  friends 
and  acquaintances,  in  this  Convention  and  in  the  State,  as  far  as  I  under- 
stand the  matter  I  believe  it  to  be  wholly  gratuitous.  I  know,  as  regards 
the  friends  who  stand  firmly  with  us  upon  the  great  issues  of  the  party, 
it  is  entirely  needless.  I  think  w^e  shall  receive  no  harm  in  the  canvass — 
certainly,  we  shall  not  be  injured  in  the  opinion  of  the  intelligent,  who 
share  the  light  of  the  nineteenth  century,  if  we  refrain  from  special  class- 
legislation  against  persons  of  African,  of  German,  of  French  descent,  or 
mixed  up  in  wdiatever  way  they  may  be. 

I  hope,  sir,  that  we  may  come  to  a  direct  vote  upon  this  question.  I 
had  not  designed  any  speech,  at  all,  and  should  not  have  addressed  the 
Convention  at  such  length,  but  for  the  latitude  given  to  the  debate,  and 
the  evident  drift  of  purpose  I  have  already  indicated.  I  am  opposed  to 
any  such  specific  legislation,  as  such.  I  am  opposed  to  any  class-legisla- 
tion here.    I  hope  we  may  be  able  to  clear  the  entire  coast,  and  leave  this 

(  383  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces.— CYPEKT. 


question  of  legislation  to  the  General  Assembly,  for  its  action,  when  it 
shall  meet.    And  I  therefore  move  to  reject  the  whole  matter. 

Mr.  CYPERT.  I  am  not  about  to  discuss,  particularly,  the  merits  of 
the  question  before  the  Convention ;  but  I  claim  the  right  to  reply  to  the 
allusion  just  made  to  the  position  in  which  I  placed  myself  by  the  Ordi- 
nance which  I  proposed  a  few  days  ago. 

The  PRESIDENT.  The  gentleman  may  be  permitted  to  proceed  in  his 
remarks,  as  a  matter  of  explanation.  He  has  spoken  once  upon  the  main 
question. 

Mr.  CYPERT.  I  know  the  attitude  in  which  the  gentleman  [Mr. 
Brooks]  intends  to  try  to  place  those  whom  he  styles  the  Opposition.  I 
know,  full  well,  that  his  ingenuity  and  chicanery  would  be  sufficient  to 
create  a  false  impression  upon  the  minds  of  those  who  heard  him.  It  will 
be  remembered,  by  everj^  gentleman  upon  this  floor,  that  I  assumed  the 
position,  in  offering,  for  adoption  here,  a  Constitution  which  was  acqui- 
esced in  by  the  people  of  Arkansas,  and  approved  by  the  General  Govern- 
ment, that  I  did  so  for  the  sole  reason  that  the  adoption  of  that  instrument 
would  disorganize  no  part  of  our  Government.  I  gave  it,  as  my  individual 
opinion — ignoring,  as  I  do  to-day,  the  question  of  our  right  to  carry  the 
proposition  into  practical  effect — that  no  particular  branch  of  the  Govern- 
ment had  the  right  to  prescribe  what  our  action  should  be.  We  will 
assume  that  if  the  proposition  had  been  accepted,  we  should,  upon  the 
final  vote,  have  voted  against  it.  Does  the  gentleman  see  our  hearts?  I 
urged  it  with  as  much  zeal  and  sincerity  as  I  could.  The  gentleman's 
remarks  contain  an  implication  that  I  was  dishonest  in  my  advocacy  of 
the  proposition.  A  plain  implication.  If  the  gentleman  be  honest  in  his 
position,  it  is  his  own  views  that  now  seem  to  be  so  obnoxious  to  him. 
However  much  he  has  advocated,  here,  the  adoption  of  certain  measures 
that  were  proscriptive,  however  he  has  favored  "class-legislation"  upon 
this  floor, — when  it  comes  to  dealing  with  another  class,  whose  relations 
aflect  him  in  a  different  way,  he  sees  from  a  different  stand-point.  It  will 
be  remembered  that  I  notified  the  gentleman,  a  few  days  ago,  that  he  was 
mistaken  in  himself, — that  he  was  really  a  proscriptionist,  and  did  not 
know  himself.  While  he  is  liberal  in  one  way,  he  is  excessively  illiberal 
in  another. 

As  to  the  question  before  the  Convention,  it  is  immaterial  what  is  done 
with  it  here.  It  is  not  for  me  to  discuss  it.  I  did  not  introduce  the  prop- 
osition, and  had  nothing  to  do  with  its  introduction.  I  shall  vote  upon 
it  in  accordance  with  my  individual  views,  without  any  regard  to  what 
may  be  the  final  action  of  the  Convention,  I  consider  myself  responsible 
only  for  my  individual  choice  as  between  the  substitute  and  the  original 
proposition.  The  question  is  now  on  the  insertion,  in  the  Constitution, 
of  a  certain  clause.  When  the  question  shall  arise  upon  the  adoption  of 
(  384  ) 


Jan.  29th.]  AEKAjSTSAS  CO^STITUTIO^-AL  CONYENTIO:?^.  [18th  Day. 


Intermarriage  of  the  Eaces.— CYPEET— GA:N"TT. 


a  Constitution,  containing  this  or  other  certain  clauses,  it  will  be  time 
enough  for  me  to  say  yea  or  nay  upon  the  final  passage.  In  the  discus- 
sion of  these  preliminary  motions,  I  offer  only  my  own  individual  views 
as  to  the  preference  between  the  questions  directly  before  the  Conven- 
tion, at  the  time.  I  commit  myself  to  no  particular  line  of  action  upon 
the  final  vote.  Upon  the  only  final  vote  that  will  be  taken  in  this  body, 
I  shall  be  upon  the  record;  and  I  am,  willing  to  stand  by  it,  and  Will  stand 
by  it  before  the  country. 

The  gentleman  alludes  to  the  party,  which  we  represent,  as  having  fixed 
our  status,  and  bound  us  to  oppose  the  final  measures  of  the  Convention. 
That  party  endorsed,  the  gentleman  well  remembers,  the  Constitution  of 
Arkansas,  and  endorsed  it  as  the  organic  law  of  the  State.  Is  that  more 
than  I  did  here — more  than  I  have  a  right,  as  an  individual,  to  do  any- 
where? The  party  to  which  the  gentleman  attaches  me,  has  endorsed 
and  is  willing  to  abide  by  the  Constitution  of  Arkansas.  They  have 
published  their  declaration  to  the  world,  and  they  will  stand  by  it  before 
the  world. 

Mr.  GAJ^TT.  I  desire  to  set  myself  right  upon  this  question.  "When 
the  discussion  commenced,  I  had  not  the  most  distant  idea  of  participating 
in  it.  Some  remarks,  however,  have  been  made,  to  which  I  conceive  it 
due  to  myself  at  least,  that  I  make  some  reply.  I  will  state,  in  the  outset, 
that  I  do  not  conceive  a  Constitutional  provision  of  this  description  to  be 
necessary ;  nor  am  I  prepared  to  admit  that  the  incorporation  of  such  a 
provision  into  the  Constitution  is  desirable.  But  whilst  I  might  not  have 
introduced  a  proposition  of  the  sort,  before  this  body,  and  whilst  I  am  com- 
pelled to  say  that  such  a  proposition  is  unusual  and  unnecessary  in  a  Con- 
stitution, yet,  when  that  question  is  presented  to  me,  I  must  act  upon  it 
with  reference  to  its  merits.  As  this  Convention  well  knows,  I  have  been 
a  silent  member.  I  have  not  generally  indulged  in  discussion.  I  have 
chosen,  always,  to  indicate  my  sentiments,  on  all  questions,  by  my  vote, 
rather  than  by  what  I  might  say  upon  this  floor. 

Starting  out  with  the  admission  that  such  a  provision  in  a  State  Con- 
stitution is  unusual,  still,  when  the  question  is  presented,  I  desire  to  act  in 
accordance  with  the  dictates  of  my  best  judgment.  And  I  desire  to  re- 
cord my  vote  upon  that  question  directly.  I  am  very  much  gratified  that 
the  Convention  has  seen  fit  to  refuse  all  references  to  committees.  The 
object  of  all  propositions  for  a  reference,  if  there  was  any  object  at  all, 
was  to  prevent  a  direct  vote  upon  the  question,  in  Convention,  I  say, 
further  than  that,  that  I  am  opposed  to  the  substitute  ofiered  ;  not  because 
I  am  unwilling  to  give  my  vote  or  my  voice  against  miscegenation,  but 
because  I  desire  to  vote  upon  the  original  proposition,  as  introduced  by 
the  gentleman  from  Bradley  [Mr.  Bradley],  and  as  amended  by  the 
member  from^Phillips  [Mr.  Grey.]    I  shall  vote  for  both  the  amendment 

25  {  385  ) 


1868.]  DEBATES  ANT)  PEOCEEDINGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces. — G-ANTT. 


and  the  original  resolution  ;  and  I  want  the  vote  to  be  taken  directly.  I 
shall  vote  upon  it,  and  vote  cheerfully.  Let  us  make  the  record,  if  a 
record  is  desired. 

It  is  not  my  purpose  to  indulge  in  stump  speeches  upon  this  floor. 
Allusions  have  been  made  to  conventions  of  political  parties,  which  have 
recently  assembled.  The  action  of  those  party  conventions  will  go  to  the 
country;  and  they  have  to  abide  the  verdict  of  the  people.  "We  have 
heard  of  "Hippodromes."  I  desire  to  say,  now,  that  no  sneers,  no  flings, 
of  that  kind,  have  been  made  upon  this  floor,  by  gentlemen  on  this  side 
of  the  house.  The  other  party  in  politics,  in  Arkansas,  assembled  in  con- 
vention, as  they  had  a  right  to  do  under  a  free  government;  they  an- 
nounced their  principles,  they  put  their  platform  before  the  country  ;  and 
I  have  yet  to  hear  any  gentleman  on  the  other  side  of  the  question  cast 
any  fling  at  that  party,  by  the  use  of  such  terms  as  ''Menagerie"  or 
"  Hippodrome."  The  gentleman  [Mr.  Montgomery,]  was  unfortunate 
in  his  choice  of  epithets ;  for  it  is  said  that  the  horse,  next  to  the  ele- 
phant, is  the  most  intelligent  of  all  animals  known  to  man.  A  hippo- 
drome is  an  exhibition  of  horses;  and  if  I  must  associate  myself  with  ani- 
mals, I  prefer  to  go  where  the  animals  are  the  most  intelligent.  [Laughter.] 

I  would  reply  to  another  remark.  I  may  have  misunderstood  the  gen- 
tleman; and  I  hope  I  did.  I  refer  to  the  statement  of  the  gentleman  from 
Clark  [Mr.  Langley.]  I  understood  him  to  assume  the  position  that  no 
constitution,  under  the  Reconstruction  Acts,  could  be  accepted,  or  so  much 
as  received,  by  Congress, — that  Arkansas  could  come  into  the  Union 
under  no  constitution, — that  did  not  recognize  the  right  of  marriage,  be- 
tween the  white  and  black  races,  and  even  the  right  of  illicit  intercourse 
if  they  desired  it.  If  I  am  wrong,  I  will  give  way  to  the  gentleman,  to 
allow  him  to  correct  me. 

A  MEMBER  [in  his  seat.]    That  was  it. 

Mr.  GAKTT.  I  subscribe  to  no  such  doctrine  as  that.  I  do  not  believe 
that  there  rests  upon  us  the  obligation — that  we  are  charged  with  the  duty 
-—of  making  a  constitution  which  contains  a  solitary  one  of  the  conditions 
mentioned  in  the  Reconstruction  Acts.  We  make  a  constitution  to  suit 
ourselves;  and  if  Congress  chooses  to  accept  us  under  that  constitution,  we 
come  in.  If  Congress  does  not  so  choose,  we  will  remain  out  in  the  cold. 
But  I  do  not  believe  that  I  am  under  an  obligation  to  assist  in  making  a 
particular  constitution,  and  none  other.  If  the  proposition  were  true  in 
point  of  fact,  there  was  no  necessity  for  this  Convention  ;  Congress  should 
have  made  the  constitution,  and  admitted  the  State  under  that  constitu- 
tion. And  whenever  the  assertion  is  made  that  this  Convention,  called, 
under  the  Reconstruction  Acts,  to  frame  a  constitution  for  Arkansas,  is 
compelled,  under  those  Acts,  to  make  a  constitution  containing  those  pro- 
visions, you  deny  to  the  people,  and  to  the  State,  all  rights;  you  make  the 
(  386  ) 


Jan.  29th.]  AEKANSAS  COIS'STITUTIONAL  CONYEI^TIOK  [18th  Bay. 


Intermarriage  of  the  Kaces.—GANTT— BROOKS. 


Federal  Government  supreme  :  and  if  she  can  dictate  now,  if  she  can  make 
a  constitution  for  us,  she  can  change  our  constitution  at  will,  and  the  peo- 
ple in  the  States  have  no  rights.  To  such  a  proposition  I  never  have  sub- 
scribed, nor  do  I  intend  to  now.  ^s'either  do  I  believe  that  the  honorable 
gentleman  from  Clark,  in  his  heart,  believes  that  the  Eeconstruction  Acts 
require  the  framing  of  such  a  constitution  as  will  legalize  marriage  and 
justify  illicit  intercourse  between  the  white  and  black  races.  But  such  was 
his  statement,  and  I  take  it  as  he  made  it. 

The  gentleman  from  Phillips  [Mr.  Brooks]  opposed  this  action,  because, 
he  said,  it  constituted  an  interference  with  one's  household,  and  it  was 
unusual,  impolitic,  and  unjust  to  undertake  the  regulation  of  household 
affairs — the  regulation  of  marriage.  In  other  words,  that  the  law  could 
not  put  its  foot  upon  aifection^that  affection  might  spring  up  between 
the  opposite  sexes  of  different  colors,  and  the  law  could  not  step  in  and 
crush  that  affection,  separate  the  parties,  and  prevent  their  union  as  hus- 
band and  wife.  But  the  law  does  undertake  to  regulate  households.  The 
law  does  undertake  to  prevent,  and  does  prevent,  the  marriage  of  particu- 
lar persons.  The  gentleman  well  knows  that  the  marriage  of  persons  re- 
lated within  certain  degrees,  is  prohibited.  According  to  his  rule,  there 
could  be  no  Jaw  against  incest.  According  to  his  rule,  the  law  could  not 
step  in  to  say,  that  father  and  daughter,  brother  and  sister,  may  not  marry. 
According  to  his  theory,  the  law  has  nothing  to  do  with  marriage  rela- 
tions, and,  without  regard  to  blood,  race,  or  other  circumstances,  all  men 
and  women  have  a  right  to  intermarry. 

Mr.  BROOKS.  I  would  be  glad  to  correct  the  gentleman.  It  will  be  re- 
membered, I  think,  by  the  gentlemen  of  the  Convention,  that  while  making 
the  point  which  the  gentleman  has  now  under  consideration,  I  explicitly 
stated  that  it  was  not  competent  for  legislation  to  take  hold  of  the  question 
of  affection,  courtship,  and  marriage,  as  between  classes;  that  the  boun- 
daries in  that  respect  were  fixed  by  the  Word  of  God,  as  received  among 
civilized  and  Christian  nations,  and  that  the  question  of  marriage  and 
sexual  intercourse  might  be  regulated  to  the  extent  covered  by  the  teach- 
ings of  Holy  Scripture. 

Mr.  GAis'TT.  I  understood  the  gentleman ;  and  I  do  not  see  that  his 
statement  varies  substantially  from  the  position  I  had  attributed  to  him. 
Certainly,  when  he  speaks  of  "  classes,"  he  must  have  reference  not  only 
to  those  classes  distinguished  by  color  and  sex,  but  by  relationship  and  by 
blood.  If  I  understand  him,  his  proposition  now  is,  that  the  law  has  no 
right  to  step  into  a  man's  household  and  regulate  intercourse,  under  the 
sanction  of  marriage,  between  persons  of  particular  classes, — that  the  law 
has  no  right  to  prevent  marriage  between  the  white  and  black  races.  Has 
it,  then,  a  right  to  step  in  and  say  there  shall  be  no  marriage  between  the 
father  and  daughter  ?    I  admit,  cheerfully,  that  the  Word  of  God  forbids 

(  387  ) 


1868.] 


DEBATES  Al^J)  PEOCEEDmGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Eaces. — GANTT. 


incestuous  marriage  and  intercourse ;  but  does  the  Word  of  God  prevent 
it  ?  It  has  not  done  it;  and  it  has  become  necessary, in  the  administration 
of  the  affairs  of  government,  to  enact  laws  prohibitory  of  such  outrages 
upon  morality.  The  legislative  power,  not  only  of  Arkansas,  and  of  every 
American  State,  but  of  every  civilized  community  upon  the  globe,  has 
enacted  such  prohibitions.  They  interfere  between  the  two  classes,  and 
prevent  the  marriage.  Now,  so  far  as  intercourse  between  the  races  is 
concerned,  it  is  unfortunately  true,  that  there  has  been  illicit  intercourse. 
Such  intercourse  does  occur;  and  I  doubt  whether  even  an  ordinance 
framed  under  the  amendment  proposed,  which  affixes  the  penalty  of  death 
to  such  cohabitation,  would  prevent  it.  It  might  lessen,  but  would  not 
entirely  prevent  it. 

I  take  it  for  granted  that  that  black  man  whose  blood  is  pure,  desires  to 
preserve  it  pure,  and  that  that  black  man  who  loves  virtue,  desires  to  be 
virtuous.  I  take  it  that  the  white  man  and  the  white  woman  so  feel.  If 
they  love  their  race — if  either  white  or  black  love  their  race, — they  desire 
to  preserve  it  pure ;  and  if  they  love  virtue  they  will  keep  apart,  and  not 
engage  in  illicit  intercourse.  If  this  proposition  had  not  been  tendered  to 
the  Convention,  I  should  never  have  introduced  it;  for  say  what  we  will, 
I  know  it  is  a  question  dealing  to  some  extent  with  the  aff'^ctions  which 
find  their  way  into  the  human  heart.  Men  and  women  differ  in  taste ; 
and  whilst  I  sincerely  and  honestly  believe  that  the  virtuous  and  upright 
black  woman  should  never  consent  to  cohabit  with  a  white  man,  such 
intercourse  does  take  place,  and  affections  may  grow  up  between  the  two, 
without  regard  to  color,  that  would  bring  them  together.  But  I  believe  a 
direct  prohibition  of  such  a  marriage  would  be  best  alike  for  both.  I 
believe  it  would  be  better  for  both,  and  for  the  country  at  large,  that  the 
law  should  put  its  condemnation  upon  such  marriages,  even  if  it  thus 
sacrifice  an  individual  affection. 

I  repeat  now,  in  conclusion,  that  I  regard  the  introduction  of  this  reso- 
lution as  unfortunate.  I  do  not  see  the  necessity  for  it ;  for,  as  it  has  been 
remarked  by  the  gentleman  on  the  other  side  of  the  hall  [Mr.  Brooks], 
such  a  provision,  in  the  organic  law  of  a  State,  is  unusual.  But  as  the 
question  is  before  me,  I  shall  vote  upon  the  proposition,  with  reference  to 
its  intrinsic  merits.  And  while  I  would  not  have  introduced  it  myself,  I 
shall  certainly  record  my  vote  in  accordance  with  my  sentiments  on  the 
subject. 

Mr.  MALLORY'moved  that  the  Convention  adjourn. 
The  question  was  taken,  and  the  motion  was  agreed  to; 
And  thereupon,  at  12.30,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Thursday,  January  30th. 


(  388  ) 


Jan.  29th.]  AEKAXSAS  CO^'STITrilOXAL  COXVEXTIOy.  [l^tli  Dav. 


Eeport  of  Committee  on  Education. 


N  I  X  E  T  E  E  X  T  H  DAY. 

Thursday.  Jaruiary  SO//;,  1S68. 

Convention  met  at  10.  a.m. 

Prayer  was  offered  by  the  Eev.  Enoch  K.  Miller. 

The  roll  was  called,  and  the  following  members  answered  to  their  names  : 

^lessrs.  Beasley.  Beldeii.  Bell.  Bradley,  Brashear.  Brooks.  Coates.  Corbell, 
Cypert.  Dale.  Duvall.  Evans.  Exon.  Gantt.  Gray  of  Jefferson.  Grey  of  Phillips, 
Harrison.  Hatfield.  Hawkins.  Hieks.  Hinds.  Hinkle.  Hodges  of  Pulaski.  Hoge, 
Houghton.  Hutchinson.  Johnson.  Kyle.  Eangley.  3Iallory.  Mason.  Alatthews, 
Merrick.  Misner.  Montgomery.  Murphy.  McCown.  3IcClure.  Moore.  Xorman, 
Oliver.  Owen.  Poole.  Portis.  Priddy.  Puntney.  Eawlings.  Pector.  Eeynolds, 
Eounsaville.  Sams.  Samuels.  Sarber.  Scoit.  Shoppach.  Sims.  Smith.  Snyder, 
Tan  Hook.  TTalker.  Wilson.  TVhite.  Williams.  TVrighr.  Wyatt.  and  the  Presi- 
dent. 

Sick  a>"d  Excused  :  Messrs.  Holiis.  and  Hodges  of  Crittenden. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names  : 

The  Journal  of  the  preceding  day  was  read  and  approved. 

EDUCATIOX. 

Xo  petitions  being  presented,  and 

Eeports  of  standing  committees  being  in  order. 

Mr.  HUTCHIXSOX,  on  behalf  of  the  Committee,  presented  the  fol- 
lowing 

EEPOET  OF  COMAIITTEE  OX  EDUCATIOX. 

Section  One.  A  general  diffusion  of  knowledo-e  and  intellio'ence  among  all 
classes  being  essential  to  the  preservation  of  the  rights  and  the  liberties  of  the 
people,  the  General  Assembly  shall  establish  and  maintain  a  system  of  free 
schools  for  the  gratuitous  instruction  of  all  persons  in  this  State  between  the 
ages  of  five  and  twenty-one  years  :  and  the  funds  appropriated  for  the  support 
of  common  schools,  shall  be  distributed  to  the  several  counties,  in  proportion 
to  the  number  of  children  and  youths  therein  contained  .'between  the  ages  of 
five  and  twenty-one  years)  in  such  manner  as  shall  be  prescribed  bylaw.  But 
no  religious  or  other  sect  or  sects.  shaU  ever  have  any  exclusive  right  to.  or 
control  of  any  part  of  the  school  fund  of  this  State. 

Section  Two.  The  supervision  of  public  instruction  shall  be  vested  in  a  Su- 
perintendent of  Public  Schools  and  such  other  oflficei-s  as  the  General  Assembly 
shall  provide.    The  Superintendent  shall  be  elected  by  the  qualified  voters  of 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Eeport  of  Committee  on  Education. 


the  State,  and  shall  hold  his  office  for  the  term  of  four  years,  and  receive  such 
salarj^,  and  perform  such  duties,  as  shall  be  prescribed  by  law. 

Section  Three.  The  General  Assembly  shall  also  establish  and  maintain  a 
State  University,  with  departments  for  instruction  in  teaching,  in  agriculture, 
and  in  natural  science,  as  soon  as  the  public-school-fund  will  permit. 

Section  Four.  The  proceeds  of  all  lands  that  have  been,  or  hereafter  may  be, 
granted  by  the  United  States  to  this  State,  and  not  otherwise  appropriated  by 
this  State  or  the  United  States;  also  all  moneys,  stocks,  bonds^  lands,  and  other 
property  now  belonging  to  any  fund  for  purposes  of  education  ;  also  the  net 
proceeds  of  all  sales  of  lands  and  other  property  and  effects  that  may  accrue 
to  the  State  by  escheat,  or  from  sales  of  estrays,  or  from  unclaimed  dividends 
or  distribution  shares  of  the  estates  of  deceased  persons,  or  from  fines,  penal- 
ties, and  forfeitures ;  also  any  proceeds  of  the  sales  of  public  lands  which  may 
have  been,  or  hereafter  may  be,  paid  over  to  this  State  (if  Congress  will  con- 
sent to  such  appropriation);  also  all  the  grants,  gifts,  or  demises,  that  have  been, 
or  hereafter  may  be,  made  to  this  State,  and  not  otherwise  appropriated  by  the 
terms  of  the  grant,  gift,  or  demise,  shall  be  securely  invested  and  sacredly  pre- 
served as  a  public-school-fund,  which  shall  be  the  common  property  of  the  State; 
the  annual  income  of  which  .fund,  together  with  one  dollar  per  capita  assessed 
on  every  male  inhabitant  over  the  age  of  twenty-one  years,  and  so  much  of  the 
ordinary  annual  revenue  of  the  State  as  may  be  necessary,  shall  be  faithfully  ap- 
propriated for  establishing  and  maintaining  the  free  schools  and  the  university 
in  this  article  provided  for,  and  for  no  other  uses  or  purposes  whatsoever. 

Section  Five.  No  part  of  the  public-school-fund  shall  be  invested  in  the  stocks 
or  bonds  or  other  obligations  of  any  State  or  corporation.  The  stocks  belong- 
ing to  any  school  or  university-fund,  shall  be  sold  in  such  manner  and  at  such 
time  as  the  General  Assembly  shall  prescribe,  and  the  proceeds  thereof,  and  the 
proceeds  of  the  sales  of  any  lands  or  other  property  which  now  belongs,  or 
may  hereafter  belong,  to  said  school-fund,  may  be  invested  in  the  bonds  of  the 
United  States.  All  county-school-funds  shall  be  loaned  upon  good  and  sufficient 
unincumbered  real  estate  security,  with  personal  security  in  addition  thereto. 

Section  Six.  No  township  or  school  district  shall  receive  any  portion  of  the 
public-school-fand,  unless  a  free  school  shall  have  been  kept  therein  for  not  less 
than  three  months  during  the  year  for  which  distribution  thereof  is  made.  The 
General  Assembly  shall  require,  by  law,  that  every  child  of  sufficient  mental 
and  physical  ability  shall  attend  the  public  schools  during  the  period  between 
the  ages  of  five  and  eighteen  years,  for  a  term  equivalent  to  three  years,  unless 
educated  by  other  means. 

Section  Seven.  In  case  the  public-school-fund  shall  be  insufficient  to  sustain 
a  free  school  at  least  five  months  in  every  year,  in  each  school  district  in  this 
State,  the  General  Assembly  shall  provide,  by  law,  for  the  raising  of  such  de- 
ficiency, by  levying  such  a  tax  on  all  the  taxable  property  in  each  county, 
township,  or  school  district,  as  may  be  deemed  proper. 

Section  Eight.  The  General  Assembly  shall,  as  far  as  it  can  be  done  with- 
out infringing  upon  vested  rights,  reduce  all  lands,  moneys,  and  other  property, 
used  or  held  for  school  purposes,  in  the  various  counties  in  this  State,  into  the 
(  390  ) 


Jan.  30th.]  AEKA^TSAS  CONSTITUTIO^^AL  COXYENTIOX.  [19th  Day. 


Debts  Due  to  School  Funds — Intermarriage  of  the  Eaces. 


public-scbool-fund  herein  provided  for;  and  the  distribution  of  the  annual  in- 
come of  said  fund  shall  be  so  made  as  to  equalize  the  amount  appropriated  for 
common  schools,  among  those  entitled  to  the  benefits  of  the  school-fund,  through- 
out the  State. 

J.  H.  Hutchinson, 

Chairman  of  Committee. 

Mr.  HINDS  moved  that  the  Report  be  laid  upon  the  table,  that  one 
hundred  copies  be  printed  for  the  use  of  the  members  of  the  Convention, 
and- that  it  be  made  the  special  order  of  the  day  for  Monday,  February  3d. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

DEBTS  DUE  TO  SCHOOL-FUNDS. 

'No  reports  of  select  committees  being  presented,  and 
Motions,  resolutions,  and  notices,  being  in  order, 
Mr.  MATTHEWS  presented  the  following  resolution : 

Resolved :  That  in  any  action  of  this  Convention  regulating  the  relations  of 
debtor  and  creditor,  an  exception  should  be  made  regarding  debts  owing  to 
the  school-fund  of  any  County  of  the  State. 

He  said :  This  resolution  has  been  offered  in  consequence  of  the  receipt 
of  a  letter  from  the  School  Commissioner  of  my  own  County.  I  have  not 
thought  on  the  subject,  at  all,  and  do  not  care  that  any  other  action  shall 
be  taken  upon  it,  at  present,  than  a  reference  to  the  proper  committee.  I 
suppose  the  Committee  on  the  Judiciary  to  be  the  proper  one  fo  take 
cognizance  of  the  subject;  and  I  move  that  the  resolution  be  referred  to 
that  Committee. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

INTERMARRIAGE  OF  THE  RACES — AGAIN. 

The  unfinished  business,  next  in  order,  being 

The  consideration  of  the  substitute  offered  by  Mr.  Montgomery,  for  the 
following  resolution  offered  by  Mr.  Bradley,  viz. : 

Resolved:  That  the  Committee  on  Arrangement  and  Phraseology  of  the  Con- 
stitution be,  and  they  are  hereby,  instructed  to  insert  a  clause  in  the  Constitu- 
tion, forbidding  any  oflicer,  either  civil  or  ecclesiastical,  to  solemnize  the  rites 
of  matrimony  between  a  white  person  and  a  person  of  African  descent,  within 
the  limits  of  this  State : 

"Which  substitute  was  as  follows : 

Resolved:  That  the  Committee  on  the  Constitution,  its  Arrangement  and 

(  391  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Intermarriage  of  the  Eaces.—MONTGOMEET— BEADLE Y—McCOWN. 

Phraseology,  be,  and  it  is  hereby,  instructed  to  insert  a  clause  in  the  Constitu- 
tion, requiring  the  General  Assembly  to  enact  laws  to  more  effectually  prevent 
miscegenation,  and  thereby  inaugurate  a  great  reform  in  the  State  of  Arkansas. 

Mr.  MOOTGOMERY  moved  that  the  whole  subject  be  referred  to  the 
Committee  on  the  Preamble  and  Bill  of  Rights. 
Mr.  BRADLEY  obtained  the  floor,  when 

Mr.  MOOTGOMERY  rose  to  a  point  of  order.  The  question  was  not 
debatable. 

Mr.  BRADLEY.  You  needn't  be  alarmed — I  am  not  going  to  make  a 
speech ;  but  I  know  what  my  rights  are.  I  wish  to  make  an  explanation 
in  regard  to  this  matter. 

The  PRESIDENT.  Any  personal  explanation  is  in  order,  but  no  dis- 
cussion. 

Mr.  BRADLEY.  I  do  not  wish  to  make  a  speech.  But  various  represen- 
tations have  been  made  as  to  my  motives  in  introducing  the  resolution — 

The  PRESIDENT.  The  remarks  of  the  gentleman  will  be  out  of  order 
at  the  present  time. 

Mr.  BRADLEY.  I  understood  that,  as  the  introducer  of  the  resolution, 
I  had  the  right  to  a  final  answer  to  the  speeches  which  have  been  made 
upon  it. 

The  PRESIDENT.  The  gentleman  is  correct;  but  a  motion  to  refer  is 
not  debatable.  Should  that  motion  be  lost,  the  gentleman  will  have  a 
right  to  close  the  debate ;  and  if  agreed  to,  he  will  have  the  right  of  closing, 
when  ttie  resolution  shall  have  been  reported  upon  by  the  Committee. 

Mr.  BRADLEY.  I  did  not  propose  to  occupy  the  time  for  ten  minutes. 

Mr.  MOORE  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  McCOWK  Is  that  motion  amendable? 

The  PRESIDENT.  It  may  be  amended  by  changing  the  reference  to 
another  committee,  but  in  no  other  way. 

Mr.  McCOWN.  Perhaps  the  gentleman  [Mr.  Montgomery]  will  himself 
so  amend  as  to  require  that,  if  referred,  the  Committee  shall  be  directed 
to  report  back  the  resolution  to  the  Convention,  to-morrow  morning. 

Mr.  MONTGOMERY.  I  will  not  accept  the  amendment. 

Mr.  McCOWN.  I  present  it  as  an  amendment. 

My  object  is,  to  have  the  resolution  before  the  Convention,  and  have  it 
disposed  of  fully  and  fairly. 

After  some  remarks,  by  different  members,  upon  the  parliamentary 
aspect  of  the  question  before  the  Convention, 

Mr.  MOORE  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 
{  392  ) 


Jan.  30tb.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [19tb  Day, 


Executive  Department — Intermarriage  of  the  Eaces. 


The  question  was  taken ;  and  it  was  decided  in  the  negative, — Teas  21, 
iNTays  45,  as  follows  : 

Yeas  :  ^Messrs.  Beasley,  Bradley.  Corbell.  Cypert.  Duvall.  Gantt.  Hoge.  Kyle, 
Matthews.  McCown.  ]\Ioore.  Xorman.  OweD,  Poole.  Portis.  Puntney.  Eeynolds, 
Sboppach,  TTalker.  TVilson.  and  Wright — 21. 

Xats  :  Messrs.  Belden.  Bell.  Brashear.  Brooks.  Coates.  Dale,  Evans.  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips.  Hatfield,  Hawkins,  Hicks.  Hinds,  Hinkle, 
Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason, 
Merrick,  Misner,  Millsaps,  Montgomery,  Murphy.  McClure,  Oliver,  Priddy, 
Eawlino'S.  Eector.  Eounsaville.  Sams.  Samuels,  Sarber.  Scott.  Sims.  Smith, 
Snyder,  Yan  Hook,  TTbite,  TTilliams,  T\"yatt,  and  the  President — 45. 

So  the  amendment  was  rejected. 

The  question  was  then  taken  on  the  motion  to  refer  the  whole  subject 
to  the  Committee  on  Preamble  and  Bill  of  Eights  ;  and  it  was  decided  in 
the  affirmative, — Y^eas  43,.  Xays  23,  as  follows : 

Yeas  :  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges, 
of  Pulaski,  Houghton.  Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Merrick, 
Misner.  Millsaps.  Montgomery,  Murphy,  McClure,  Oliver.  Priddy,  Eawlings, 
Eector,  Eounsaville.  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  White, 
Williams,  Wyatt,  and  the  President — i3. 

Xats:  Messrs.  Beasley,  Bradley,  Corbell,  Cypert.  Duvall.  Gantt,  Hicks,  Hoge, 
Kyle,  Matthews,  McCown,  Moore.  Xormau,  Owen,  Poole,  Portis,  Puntney, 
Eeynolds,  Sboppach,  A'an  Hook,  Walker,  Wilson,  and  Wrigbt — 23. 

So  the  whole  subject  was  referred  to  the  Committee  on  Preamble  and  • 
Bill  of  Eights. 

EXECUTIVE  DEPARTMENT — AGAIN. 

The  PEESIDEXT  announced  as  the  business  next  in  order,  the  special 
orders  of  the  day,  being,  first,  the  consideration  of  the  Eeport  of  the  Com- 
mittee on  the  Executive  Department, 

Mr.  SARBEE  moved  that  the  Report  be  referred  to  the  Committee  on 
the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken  ;  and  the  motion  was  agreed  to. 

INTERMARRIAGE  OF  THE  RACES — AGAIN. 

My.  McCOW^X  offered  the  followino- 

OEDIXAXCE. 

Be  it  ordained,  by  the  people  of  the  State  of  Arkansas  in  Convention  assembled: 
That  all  marriages  of  white  persons  with  negroes  or  mulattoes  are  declared 

(  39B  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Final  Adjournment.— CYPERT— HODGES  of  Pulaski— MOORE. 


to  be  illegal  and  void  :  and  it  is  hereby  made  the  duty  of  the  General  Assem- 
bly to  enact  such  laws  as  will  prevent  miscegenation  in  this  State. 

The  Ordinance  was  read  a  first  time. 

Mr.  HINDS  moved  that  the  Ordinance  be  referred  to  the  Committee  on 
Memorials  and  Ordinances. 

Mr.  McCOWN.  This  is  a  subject  on  which  we  ought  to  come  to  a  direct 
vote.  A  motion  of  that  sort  is  simply  a  motion  in  avoidance.  The  motive 
is,  to  avoid  coming  to  an  issue;  and  the  question  is  one  upon  which  we 
must  come  to  an  issue,  sooner  or  later. 

Mr.  SNYDER  rose  to  a  point  of  order.  Was  the  motion  to  refer,  de- 
batable ? 

The  PEESIDENT.  It  is  not ;  but  gentlemen  have  been  permitted,  in 
submitting  resolutions,  etc.,  of  this  nature,  to  accompany  them  with  a 
remark.  The  Chair  hopes  that  gentlemen  will  refrain,  henceforth,  from 
such  remarks,  without  imposing  upon  the  Chair  the  necessity  of  calling 
them  to  order. 

Mr.  HICKS  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  w^as  decided  in  the  affirmative, — ^Yeas 
46,  Nays  20,  as  follow^s  : 

Yeas:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges 
of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Mer- 
rick, Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Priddy,  Eawl- 
ings,  Eector,  Eounsavilie,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder, 
White,  WilHams,  Wyatt,  and  the  President — 43. 

Nays  :  Messrs.  Beasley,  Bradley,  Corbell,  Cypert,  Duvall,  Gantt,  Hicks, 
Hoge,  Kyle,  Matthews,  McOown,  Moore,  Norman,  Owen,  Poole,  Priddy,  Punt- 
ney,  Eeynolds,  Shoppach,  Yan  Hook,  Walker,  Wilson,  and  Wright — 23. 

So  the  Ordinance  was  referred  to  the  Committee  on  Memorials  and 
Ordinances. 

FINAL  ADJOURNMENT. 

Mr.  CYPERT.  I  move  that  Saturday  next  be  fixed  as  the  day  for  the 
final  adjournment  of  the  Convention,  sine  die, 

Mr.  HODGES,  of  Pulaski.  I  move  to  amend  so  that  when  we  adjourn 
we  adjourn  subject  to  the  call  of  the  President  of  this  Convention. 

Mr.  CYPEET  asked  for  a  division  of  the  question. 

Mr.  MOOEE  moved,  as  a  substitute  for  the  motions  before  the  Conven- 
tion, that  the  Convention  now  adjourn,  sine  die. 

The  question  was  taken  ;  and  the  substitute  was  not  agreed  to, 
(  394  ) 


Jan.  30th.]  AEKA^^SAS  C0:N'STITUTI0^AL  CO^sTYENTIOX.  [19th  Day. 


Final  Adjournment.— KYLE— HODGES  of  Pulaski— McCLUEE. 


The  question  recurring  upon  the  amendment  providing  that  when  the 
Convention  should  adjourn,  it  adjourn  subject  to  the  call  of  the  President 
of  the  Convention, 

Mr.  CYPERT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  KYTjE.  The  motion  to  adjourn  sine  die  is  debatable,  is  it  not? 
The  PRESIDE:N'T.  The  question  is  upon  the  amendment. 
Mr.  KYLE.  What  is  implied  by  the  words,  "  subject  to  the  call  of  the 
President?" 

The  PRESIDEIS^T.  That  when  the  Convention  shall  adjourn,  it  will 
remain  subject  to  be  called  together  at  any  time  when  the  President  may 
see  fit. 

Mr.  KYLE.  There  is  a  rule  requiring  us  to  meet  at  ten  o'clock  in  the 
morning. — 

•  Mr.  HODGES,  of  Pulaski,  rose  to  a  point  of  order.  The  question  was 
not  debatable. 

The  PRESIDE^S^T.  The  Chair  does  not  understand  the  point  of  order 
to  be  relevant.  The  gentleman  from  Dallas  [Mr.  Kyle]  the  Chair  under- 
stands to  be  asking  for  information. 

Mr.  McCLL^RE.  Is  the  amendment  of  the  gentleman  from  Pulaski  [Mr. 
Hodges]  intended  to  repeal  the  standing  order  that  the  Convention  ad- 
journ to  meet  at  ten  o'clock  in  the  morning? 

The  PRESIDEi^rT.  It  is  not.  There  is  a  motion  that  next  Saturday  be 
fixed  as  the  day  for  the  final  adjournment.  The  amendment  proposed  is, 
that  when  w^e  do  finally  adjourn  we  adjourn  subject  to  the  call  of  the 
President  of  the  Convention. 

The  question  was  taken  upon  the  amendment;  and  it  was  decided  in 
the  afiirmative, — Y'eas  46,  ISTays  20,  as  follows : 

Teas:  Messrs.  Beasley,  Beldeii,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans, 
Exon,  Gray  of  Jefferson,  G-rey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle, 
Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason, 
Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McClure,  Ohver, 
Priddy,  Eawhngs,  Rector,  EounsaviUe,  Sams,  Samuels,  Sarber,  Scott,  Sims, 
Smith,  Snyder,  Wilson,  White,  Williams,  Wyatt,  and  the  President — 46. 

^s^AYS :  Messrs.  Bradley,  Corbell,  Cypert,  Duvall,  Gantt,  Hicks,  Hoge,  Kyle, 
Matthews,  Moore,  E"orman,  Owen,  Poole,  Portis,  Puntney,  Reynolds,  Shop- 
pach,  Yan  Hook,  Walker,  and  Wright — 20. 

So  the  amendment  was  agreed  to. 

The  question  recurring  upon  the  motion  as  amended. 
After  an  explanation,  by  the  President,  in  answer  to  queries  by  Messrs. 
Kyle,  Dale,  and  Cypert,  of  the  parliamentary  aspect  of  the  question, 

(  395  ) 


1868.] 


DEBATES  AND  PEOCEEDIJSTGS  OF  THE  [Thursday, 


Pinal  Adjournment.— HODGES  of  Pulaski— KYLE— CYPERT. 


Mr.  HODGES,  of  Pulaski,  moved,  as  a  substitute  for  the  amended 
proposition  before  the  Convention,  the  following : 

Resolved :  That  when  the  Convention  finally  adjourns  it  shall  be  at  the  call 
of  the  President,  whose  duty  it  shall  be  to  convoke  the  Convention,  in  case  the 
Constitution  should  not  be  ratified,  for  the  purpose  of  taking  such  steps  as  may 
be  necessary,  for  the  formation  of  civil  government  for  the  State  of  Arkansas. 
He  shall  also,  in  that  case,  call  upon  the  proper  ofiicer  of  the  State  to  cause 
elections  to  be  held  to  fill  any  vacancies  that  may  exist  in  the  Convention. 

Mr.  KYXiE.  I  have  an  opinion  with  regard  to  the  duties  which  we  came 
here  to  perform ;  and  I  believe  I  may  as  well  express  it  now  as  at  any 
other  time. 

A  MEMBEK  [in  his  seat.']  Now  is  the  time. 

Mr.  KYLE.  I  came  here,  in  good  faith,  to  assist  with  the  delegates  of 
the  people  in  making  a  Constitution — as  I  hope  we  shall  be  able  to  do, — 
and  make  it  acceptably  to  the  people  of  the  State,  so  that  we  might  in- 
augurate civil  government,  and  rid  ourselves  of  military  rule.  That  was 
the  object  which  induced  me  to  encounter  a  canvass  for  a  seat  in  this 
Convention.  And  I  am  opposed  to  adjourning  sine  die  on  next  Saturday, 
or  at  any  very  early  period,  short  of  accomplishing  the  objects  for  which 
we  assembled. — 

The  PRESIDENT.  The  Chair  would  state  that  no  motion  to  adjourn 
sine  die  is  now  before  the  Convention. 

Mr.  KYLE.  I  understand  the  question  to  be  upon  the  adoption  of  the 
substitute. 

The  PRESIDENT.  It  is. 

Mr.  KYLE.  The  substitute  proposed  is,  that  when  we  adjourn  we  ad- 
journ subject  to  the  call  of  the  President.  I  shall  vote  against  that  propo- 
sition, for  the  reason  that  I  think  we  have  time  enough  to  determine,  after 
a  while,  whether  or  not  there  will  be  any  exigency  requiring  such  a  call. 
If  we  will  set  to  work  to  frame  a  Constitution— one  that  will  commend 
itself  to  the  people, — there  will  be  no  necessity  of  any  provision  for  a  call 
by  the  President ;  for  in  that  case  there  is  little  or  no  doubt  that  the  people 
will  adopt  the  Constitution. 

The  PRESIDENT.  The  gentleman  is  discussing  a  question  which  the 
Chair  understands  to  have  been  already  decided.  The  Convention  has 
determined  that  when  it  adjourns,  it  shall  adjourn  subject  to  the  call  of 
the  President.  This  was  an  amendment  to  the  original  motion,  which 
then  came  before  the  Convention,  as  amended.  A  substitute  for  the 
amended  motion  was  then  oflered ;  and  the  question  first  arises  upon  the 
adoption  of  the  substitute.  ■ 

Mr.  CYPERT.  The  substitute,  if  adopted,  presents  a  very  remarkable 
state  of  things  for  the  people  of  Arkansas.  If  perpetual  rule  over  the 
(  396  ) 


Jan.  Both.]  AEKANSAS  C0^^"STITUTI02^AL  COJS^YENTIOIvr.  [19th  Day, 


rinal  Adjournment.— CYPERT. 

people  of  this  State  is  to  be  established,  vested  in  any  one  body,  I  must 
here  announce  that  I  want  that  body  to  be  restrainedin  some  way,  and  that 
I  would  prefer,  if  it  is  to  be  unrestrained,  that  we  should  have  a  one-man 
power.  For  no  one  man  can  think  of  as  much  deviltry  as  seventy-five.  If 
this  Convention  is  going  to  perpetuate  its  existence,  and  govern  Arkansas 
for  the  future,  I  much  prefer  that  the  military  commander  should  be  our 
ruler.  As  I  before  remarked,  I  am  sure,  however  corrupt — I  do  not  im- 
pute to  the  military  commander  anything  of  the  kind — but  you  may 
assume  that  he  is  ever  so  corrupt,  and  he  could  not  think  of  so  much 
mischief  as  seventy-five  bad  men.  As  a  choice  of  two  evils,  I  would  prefer 
to  be  governed  by  the  military  commander,  rather  than  by  seventy-five 
irresponsible  men.  To  whom  is  this  Convention  responsible  ?  It  seems 
to  be  a  peculiar  convocation  of  individuals ;  and  I  would  like  to  know 
what  power  we  do  possess,  and  whether  we  have  the  authority  to  per- 
petuate our  existence.  If  we  are,  I  must  say  I  do  not  wish  to  perpetuate 
my  own  existence  as  a  member  of  this  body,  any  longer.  [Slight  applause 
from  the  right.]  I  did  not  come  here  to  help  establish  a  junto  to  rule  the 
people  of  Arkansas.  I  did  not  come  here  to  help  make  any  government 
that  should  be  unchangeable  by  the  people  when  it  should  cease  to  be 
what  the  people  desired, — when  it  should  cease  to  perform  the  functions  of 
a  wholesome  government ;  nor  would  I  consent  to  the  establishment  of 
any  political  system  which  the  people  should  not  have  power  to  change, 
to  meet  the  exigencies  that  might  from  time  to  time  surround  them. 
Human  capacity  is  not  so  perfect  as  to  be  able  to  devise  a  government  that 
may  not  need  change  at  some  time. 

If  I  understand  this  substitute,  it  places  within  the  power  of  the  Presi- 
dent to  convoke  or  reassemble  this  Convention,  at  any  time,  upon  his  own 
judgment  and  at  his  own  discretion ;  and  provides  that,  when  so  convened, 
upon  the  happening  of  a  certain  contingency,  the  Convention  shall  then  have 
supreme  power  in  the  State,  and  may  establish  such  government  as  they 
may  see  fit.  It  seems  to  me  a  very  remarkable  power,  to  be  conferred  on 
this  or  any  body  of  men.  It  reminds  me  of  some  of  the  arguments  urged 
by  gentlemen  a  few  days  ago,  when  I  observed  that  it  was  a  very  remark- 
able circumstance,  in  the  history  of  our  country,  that  a  class  of  individuals 
who  were  not  citizens  of  the  United  States  should  be  used  as  instruments 
to  make  themselves  citizens.  I  now  say  it  is  equally  remarkable  that  this 
body  should  possess  the  power  to  make  itself  perpetual.  I  may  say  that 
men  have  lost  sight  of  the  principle  of  limited  government.  All  govern- 
ments made  for  the  protection  of  the  people  have  limited  powers,  and 
unless  so  limited,  they  become  despotisms;  and  we  have  all  been  educated 
to  resist  despotism.  There  is  such  a  thing,  I  must  tell  you,  as  the  last 
feather  upon  the  camel's  back.  And  let  me  tell  you, — do  not  goad  the 
people  of  Arkansas  into  any  further  resistance  !    Do  not  do  it!    Let  us 

(  397  ) 


1868.] 


DEBATES  AND  PEOCEBDINGS  OF  THE  [Thursday, 


Final  Adjournment.— WILSON— MOOEE— HINDS— CTPEET. 


have  a  government  that  we  can  all  acquiesce  in.  Do  . not  goad  them  into 
resistance !  They  are  tired  of  strife.  They  desire  peace.  They  desire 
quietude.  The  country  is  devastated  and  ruined  ;  we  want  peace  again, 
to  build  up  the  country.  Do  not,  I  say,  take  a  step  that  will  goad  them 
into  further  strife ! 

Mr.  WILSOI^.  I  move  to  lay  the  whole  matter  upon  the  table,  indefi- 
nitely. 

Mr.  HINDS.  The  gentleman  from  White  [Mr.  Cypert]  seems  to  have 
arrived  at  the  conclusion  that  this  is  a  very  remarkable  proposition.  The 
substitute  offered  b}^  the  gentleman  from  Pulaski  [Mr.  HoDaEs]  

Mr.  MOORE  rose  to  a  point  of  order.  A  motion  to  lay  upon  the  table 
was  not  debatable. 

The  PEESIDENT.  The  Chair  heard  no  second  to  the  motion,  until 
after  the  gentleman  from  Pulaski  [Mr.  Hinds]  had  obtained  the  floor :  con- 
sequentl}^,  the  Chair  did  not  announce  the  question. 

Mr.  MOORE.  It  was  seconded. 

The  PRESIDENT.  The  Chair  did  not  hear  the  second.  The  gentleman 
from  Pulaski  [Mr.  Hinds]  will  proceed. 

Mr.  HINDS.  If  the  gentleman  [Mr.  Cypert]  will  look  back  for  a  short 
period,  to  the  time  when  the  Convention  of  1861 — -of  which,  I  believe,  he 
was  a  member — sat  in  this  hall,  it  will  perhaps  come  to  his  recollection  that 
the  same  action  proposed  for  this  Convention  was  then  adopted  by  that 
body. 

Mr.  CYPERT.  I  desire  to  correct  the  gentleman  [Mr.  Hinds]  in  his 
reasoning.  The  Convention  adjourned  to  a  day  certain,  and  provided  for 
a  contingency  that  might  arise  between  the  day  of  adjournment  and  that 
time.  It  adjourned  to  a  particular  time,  and  made  that  adjournment  final. 
If,  however,  it  were  not  called  between  the  adjournment  and  that  par- 
ticular time,  it  was  to  be  adjourned  sine  die. 

Mr.  HINDS.  The  amendment  is  to  that  effect.  When  that  Convention 
adjourned,  it  did  adjourn ;  and  was  called  together  by  the  President  of 
the  Convention  ;  and  in  the  first  half  day  after  the  assembling  of  the  Con- 
vention, if  I  am  not  mistaken,  they  passed  an  ordinance  of  secession. 

Here,  also,  is  a  possible  contingency,  to  call  for  the  reassembling  of  this  , 
Convention.  If  the  Constitution  submitted  to  the  people  shall  not  be 
adopted  by  the  people,  then  the  Convention  ought  to  be  enabled  to  meet 
again,  in  order  that  the  objects  for  the  attainment  of  which  we  are  met 
shall  not  be  defeated,  but  that  civil  government  may  be  established  in 
Arkansas,  under  the  terms  proposed  by  the  Reconstruction  Act.  I  under- 
stand that  to  be  the  object  of  the  motion  of  the  gentleman  from  Pulaski, 
[Mr.  Hodges],  viz. :  that  when  the  Convention  shall  adjourn,  it  may  re- 
assemble at  the  call  of  its  President;  and  that  if  reconstruction  should  fail, 
if  a  constitution  submitted  to  the  people  should  be  defeated,  it  shall  be  in 
(  398  ) 


Jan.  30th.]  AEKA^^SAS  CO^^STITUTIOXAL  COXYEXTIOX.  [19th  Day, 


Final  Adj ournment.— HINDS— BRADLEY. 


the  power  of  tlie  Convention,  by  so  reassembling,  to  establish,  within  the 
limits  of  the  State  of  Arkansas,  civil  government,  as  contemplated  by  the 
Eeconstruction  Act.  I  think  we  have  a  precedent,  established  by  the  Con- 
vention of  1861,  of  which  the  gentleman  [Mr.  Cypert]  was  an  honorable 
member  ;  and  I  consider  it  fully  competent  for  us  to  follow  the  precedent. 

Mr.  BRADLEY.  It  occurs  to  me  that  we  would  not  be  justified  in 
following  any  wild  precedent  of  any  former  convention,  and  that  in  this 
proposed  action  we  are  going  beyond  the  provisions  of  the  Military  Bill, 
under  which  we  came  into  existence.  Gentlemen  seem  to  forget  that 
Congress  is  still  in  existence,  and  in  session,  and  has  charge  of  the  whole 
question  of  reconstruction.  Congress  nowhere  provides  or  proposes  that 
we  may  adjourn  from  time  to  time,  and  make,  one  after  another,  a  dozen 
constitutions.  If  the  people  vote  the  Constitution  down,  we  are  not 
authorized,  by  the  Military  Bill,  to  usurp  the  government  of  this  State, 
and  set  ourselves  up  as  a  reigning  dynasty,  to  overrule  the  people  of  the 
State.  Congress  will  never  acquiesce  in  such  action,  though  there  maybe 
bad  and  designing  men  in  Congress.  We  are  overleaping  the  length  of 
our  cable-tow.  When  we  adjourn,  we  adjourn.  We  have  no  power  to 
exceed  the  provisions  of  the  Milirary  Bill. 

Sir,  I  wish  to  enter  a  protest,  and  I  may  as  well  do  it  now  as  at  any 
■time.  I  came  here  under  the  provisions  of  the  Reconstruction  Acts,  to 
help  build  a  government  upon  the  broad  basis  of  the  will  of  the  people. 
But  I  did  not  come  to  build  a  government  upon  the  basis  of  the  dynasty  of 
a  few  men,  who  propose  to  assert  the  right,  at  their  own  caprice,  to  control 
the  destinies,  to  absorb  all  the  powers,  and  to  grasp  all  the  emoluments, 
of  the  State — everything, — Penitentiary,  railroads.  Hot  Springs,  and  every- 
thing else  I  I  will  not  longer,  as  a  representative  of  the  people,  sit  here 
and  suffer  this  usurpation  to  pass  in  silence.  I  will  enter  a  protest;  and  I 
will  inscribe  it  indelibly  upon  the  skies,  that  every  man  and  woman,  white 
or  black,  in  the  State  of  Arkansas,  shall  read,  that  we  are  going  beyond 
the  provisions  of  the  Military  Bill,  that  we  are  exceeding  the  bounds  of 
reason,  that  we  are  to-day  placing  ourselves  before  the  world  in  the  attitude 
of  a  kind  of  oligarchy,  to  take  into  our  own  hands  the  charge  of  the  afl'airs 
of  Arkansas,  and  constituting  ourselves  the  civil  government  of  the  State. 
We^  sir  !  Great  God  I  What  a  government  it  would  be  !  If  Barnum 
would  fall  back  upon  his  old  enterprises,  and  take  it  to  London,  for  exhibi- 
tion in  his  Museum,  he  would  make  a  fortune  out  of  the  show  I 

Sir,  while  the  blood  runs  through  my  veins,  as  a  freeman  and  a  citizen 
of  this  State,  I  will  oppose  to  the  end  all  such  monstrous  usurpation  of 
power.  I  am  not  here  to  sow  firebrands.  A  man  who  has  spent  his 
muscle,  and  bone,  and  life,  upon  the  soil  of  his  beloved  State,  who  now 
pays  taxes  on  land  in  three  Counties,  and  whose  ties  of  blood,  of  family, 
of  interest,  of  patriotism,  are  all  with  Arkansas, — charged  with  throwing 

(  399  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 

Einal  Adjournment.— BRADLEY— BEASLEY—BEOOKS. 


firebrands  in  the  Republican  Party !  There  are  men,  I  am  told,  who  have 
said  that  they  did  not  care  a  curse  whether  the  Constitution  was  ratified, 
or  not;  for  if  it  were  rejected,  they  could  seize  the  reins  of  government 
and  establish  a  despotism.  I  have  acted  in  good  faith.  I  havq  kept  on 
my  way,  until  I  came  to  the  fork  of  the  road,  and  saw  I  must  decide  my 
course,  and  take  my  choice  of  the  two  paths.  Then  I  said  to  gentlemen 
here,  from  whom  I  had  differed : — "  Gentlemen,  I  will  stick  by  my  coun- 
try. I  shake  hands  with  you.  My  heart  is  for  her ;  and  I  would  sacrifice 
every  political  party  in  the  United  States,  before  I  would  sacrifice  my 
country,  and  the  women  and  children  who  look  to  you  and  me  for  protec- 
tion." 

I  enter  my  solemn  protest  against  such  damnable  heresies  as  we  have 
heard  here.    I  do  it  at  the  peril  of  everything! 

Mr.  BEASLEY  stated  that  he  had  voted  for  the  amendment  providing 
that  when  the  Convention  should  adjourn  it  adjourn  subject  to  the  call  of 
the  President;  and  would  now  move  a  reconsideration  of  the  vote  by 
which  the  amendment  was  agreed  to. 

Mr.  McCLTJRE  moved  to  lay  upon  the  table  the  motion  for  reconsid- 
eration. 

Mr.  BEASLEY  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  it  was  decided  in  the  affirmative, — Yeas 
43,  N"ays  20,  as  follows  : 

Yeas  :  Messrs,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges 
of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Mer- 
rick, Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Priddy,  Raw- 
lings,  Rector,  Rounsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder, 
White,  Williams,  Wyatt,  and  the  President — 43. 

]S[ays  :  Messrs.  Beasley,  Bradle}^,  Oorbell,  Cypert,  Duvall,  Gantt,  Hicks, 
Hoge,  Kyle,  Moore.  JSTorman,  Owen,  Portis,  Puntney,  Reynolds,  Shoppach, 
Van  Hook,  Walker,  Wilson,  and  Wright — 20. 

So  the  motion  to  reconsider  the  vote  by  which  the  amendment  was 
passed,  was  laid  upon  the  table. 

Mr.  BROOKS.  I  do  not  propose  to  occupy  the  time  of  the  Convention. 
I  have  encountered,  in  this  movement,  this  morning,  an  important  measure, 
in  its  bearings  and  in  the  results  proposed.  It  is  understood,  of  course, 
that  the  movement  has  originated  with  the  Opposition  members  of  the 
Convention.  The  motion  of  the  gentleman  from  White  [Mr.  Cypert], 
who  endeavored  to  precipitate  an  adjournment  sine  die,  without,  as  is  appar- 
ent to  every  intelligent  member  of  the  Convention,  the  completion  of  any 
(  400  ) 


Jan.  30th.]  AEKAXSAS  COXSTITUTIOXAL  C0]S-YEXTI0:N^.  [19th  Day. 


Final  Adjournment— BKOOKS—CTPERT. 


considerable  portion,  and,  indeed,  without  the  ultimate  adoption  of  any 
portion,  of  the  work  for  which  the  loyal  people  of  Arkansas  sent  us  to 
this  CapitoL    The  object  of  that  motion  will  be  understood,  of  course,  sir. 

Mr.  CITPERT.  A  word  has  been  frequently  used,  in  debate,  which  I 
desire  to  have  explained  : — "  The  loyal  people  of  Arkansas." 

The  PEESIDEXT.  The  gentleman  from  Phillips  [Mr.  Brooks]  will 
explain. 

Mr.  BEOOKS.  I  am  not  heavy  on  definitions,  Mr.  President.  I  sup- 
posed we  had  had  the  definition  of  that  term  within  the  last  few  years, 
dating  from  the  time  the  gentleman  [Mr.  Cypert]  was  in  the  Convention, 
here,  in  '61.  I  had  supposed  that  term  to  have  been  pretty  well  defined — 
its  meaning  and  bounds.  And  I  will  say  that  if  it  be  designed,  by  that 
remark,  to  make  a  cut  or  cast  a  slur — I  will  repeat, — the  loyal  people  of 
Arkansas  are  ready  and  willing  to  give  a  tangible  definition  of  what  the 
term  "loyalty''  means,  and,  if  the  exigency  should  arise,  to  repeat  the 
definition !  [Applause.] 

With  respect  to  the  precedent  that  is  spoken  of,  and  the  allegation  that 
the  proposition  contained  in  the  substitute  is  an  unusual  thing, — unwar- 
rantable and  unjustifiable, — -I  would  be  gratified  to  add,  to  what  the  hon- 
orable gentleman  from  Pulaski  [Mr.  Hinds]  has  said  with  respect  to  the 
Convention  assembled  in  '61,  that  though  I  should  be  very  sorry  to  quote 
it  as  an  example,  it  is,  perhaps,  at  the  same  time,  worthy  of  consideration 
as  a  precedent  on  this  point.  I  mean  no  disrespect,  no  reflection,  at  all, 
upon  the  action  of  the  Convention  of  1861,  whatever  may  be  my  estimate 
of  that  action,  but  speak  simply  with  reference  to  the  proposition,  now 
before  us,  of  adjourning  subject  to  the  call  of  the  President.  The  Con- 
vention of  '61  did  so  adjourn,  and  was  afterward  convened  by  the  call  of 
the  President,  who,  I  believe,  is  now  Chief  Justice  of  the  State ;  and  the 
honorable  member,  of  this  Convention,  for  AYhite,  was  a  member  of  that 
Convention  also,  and,  met  with  other  members  at  that  call,  and  voted  to 
take  the  State  out  of  the  Union  of  States. 

Mr.  CYPERT.  I  ask  to  correct  the  gentleman  again.  As  I  am  sitting 
here,  and  am  alluded  to  personally,  I  want  the  gentleman's  statement  to 
be  correct.  I  know  I  state  the  facts  correctly.  That  Convention  ad- 
journed to  a  particular  date,  with  the  proviso  that  if  anything  should 
intervene  during  the  recess,  which  might  require  the  reassembling  of  the 
Convention,  it  could  be  convened  again  by  its  President;  but  if  not  con- 
vened prior  to  that  time,  it  stood  adjourned  sine  die.  I  state  that  as  the 
fact;  and  I  wish  gentlemen  to  incorporate  that  fact  in  their  speeches,  when 
they  make  reference  to  the  subject. 

Mr.  BEOOKS.  I  think  that  has  been  sufficiently  answered  by  the  hon- 
orable gentleman  from  Pulaski  [Mr.  Hinds.]  I  do  not  think  it  necessary 
for  me  to  reply  to  it. 

26  (  401  ) 


1868.] 


DEBATES  A^^D  PEOOEBDINGS  OF  THE 


[Thursday, 


Final  Adjournment.— CYPERT—BEOOKS. 


Mr.  CYPERT  [Tb  Mr.  Brooks.]  Just  incorporate  a  statement  of  the 
fact  in  your  speech. 

Mr.  BROOKS.  I  will.  I  read  from  page  102,  of  the  Proceedings  of  the 
Arkansas  Convention  of  1861  : 

"Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  Convention 
assembled:  That  the  President  of  this  Convention  be,  and  he  is  hereby  author- 
ized and  empowered,  by  proclamation  or  otherwise,  to  convene  this  Conven- 
tion at  any  time  between  this  and  the  19th  day  of  August,  A.D.  1861,  if  in  his 
opinion  an  exigency  should  arise  within  the  time  intervening  between  the  ad- 
journment and  said  19th  day  of  August,  A.D.  1861. 

"Section  2.  Be  it  further  ordained  by  the  authority  aforesaid:  That  it  shall  be 
the  duty  of  the  members  of  this  Convention,  to  reassemble  in  this  hall  at  the 
time  that  may  be  appointed  by  the  President  under  this  ordinance,  and  in 
such  eveat,  the  delegates  shall  be  entitled  to  the  same  mileage  and  per  diem 
as  now  provided  by  law"  

I  suppose  that  states  the  case  as  it  was  stated  by  the  honorable  gentle- 
man from  White. 

Mr.  CYPERT.  Read  further,  and  you  will  see  that  the  Convention 
stands  adjourned  sine  die. 

Mr.  BROOKS.  That  is  one  precedent.  Another  is  afforded  by  the 
Louisiana  Convention,  which  adjourned  subject  to  the  call  of  its  Presi- 
dent. But,  sir,  I  desire  particularly  to  call  attention  to  the  history  of  this 
Convention  question  in  the  State  of  Missouri.  A  convention  was,  on  the 
recommendation  of  the  Governor  of  that  State,  Mr.  Jackson,  authorized 
and  provided  for  by  the  Legislature,  and  subsequently  assembled,  with 
Mr.  Price  as  its  President,  and  adjourned  subject  to  the  call  of  the  President. 
When  the  attitude  assumed  by  the  individual  who  had  presided  over  it  at 
its  first  session,  was  so  altered  as  to  ren(Jer  it  inexpedient  to  proceed  fur- 
ther under  his  leadership,  it  was  changed,  and  a  provisional  government 
w^as  appointed,  with  its  proper  officers,  to  remain  in  operation  for  three 
years.  The  forces  of  Missouri  were  levied  under  the  auspices  of  that 
Convention,  and  under  the  direction  of  the  Hon.  Hamilton  Gamble,  as 
the  Governor  of  the  State  of  Missouri.  I  remember  that  very  serious  ob- 
jections were  urged,  especially  to  the  perpetuity  of  the  Convention;  but  it 
proceeded  to  ordain  and  establish  a  provisional  government,  and  to  place 
that  government  in  the  hands  of  loyal  men,  for  administration.  And  these 
objections  were  urged  notwithstanding  that  the  Convention  had  been  pro- 
vided for  on  the  recommendation  of  Governor  Jackson,  and  had  been 
called  in  accordance  with  the  enactment  of  a  Legislature  overwhelmingly 
Democratic, — and  although  presided  over  by  Sterling  Price,  and  at  its 
first  session  regularly  adjourned,  subject  to  the  call  of  the  presiding 
officer — all  of  which  was  held  in  perfect  order  and,  harmony  with  law, 
(  402  ) 


Jan.  30th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [19th  Day 


Final  Adjournment.— BROOKS. 


precedent,  and  constitution,  and  all  that,  witU  the  Convention  icas  jjlaced  in 
other  hands.  Another  class  of  men  took  hold  of  the  reins  and  drew  the 
car,  and  then  we  heard  an  outcry,  from  one  end  of  the  State  to  the  other, 
and  kept  up  through  the  three  years  of  perpetuated  existence  of  the  Con- 
vention and  Provisional  Government,  that  it  was  a  despotism — an  awful 
despotism  !  In  that  Convention  there  were  not  only  "seventy-five  men.'' 
but  about  twice  that  number, — who  could,  of  course,  think  of  more 
deviltry  "  than  we  could  here, — and  not  only  because  there  were  more 
heads,  but  because  they  were  old  stagers,  and  had,  some  of  them,  thirty 
years'  experience,^particularly  in  South  Carolina.  But  when  Gamble 
began  to  act,  and  continued  to  act,  as  Governor,  in  the  stead  of  Jackson. 
'  the  Convention  suddenly  became  a  despotism.  That  was  the  matter,  sir! 
As  to  the  reassembling  of  the  Convention,  and  what  we  may  do,  and 
what  we  may  not  do,  there  may  be  difference  of  opinion.  I  allege  nothing 
whatever,  as  to  the  motives  of  honorable  s^entlemen  who  differ  from  the 
rest  of  us  upon  that  subject.  I  must  say,  however,  that  there  is,  to  my 
mind,  a  vast  amount  of  bombast  and  bluster,  and  awful,  solemn  protest, 
that  I  think  has  very  little  of  argument  in  it.  The  first  Supplementary 
Reconstruction  Act  provides  that 

"After  the  completion  of  the  registration  hereby  provided  for  in  any  State, 
at  such  times  and  places  therein  as  the  commanding  general  shall  appoint  and 
direct,  of  which  at  least  thirty  days'  public  notice  shall  be  given,  an  election 
shall  be  held  of  delegates  to  a  convention  for  the  purpose  of  establishing  a  con- 
stitution." 

That  is,  say  certain  honorable  members  of  this  body,  to  frame,  and 
send  out  to  the  people  of  the  State,  a  constitution  which  in  none  of  its 
parts  or  parcels  shall  have  any  force,  bearing,  or  authority,  either  directly 
or  remotely,  until  it  shall  have  been  passed  upon  by  the  people  of  the 
State.  I  submit  that  such  is  not  quite  the  language  of  the  law  upon  that 
subject.  The  language  of  the  law  is,  "  to  establish  a  constitution,"  And 
I  suppose  that  it  is  not  only  competent  for  this  Convention  to  frame  a  con- 
stitution, but  to  do  such  acts  authoritative,  under  the  Law  of  Congress, 
which  is  the  supreme  law  of  the  land,  as  may  be  necessary  in  order  to 
carry  out  the  design  of  the  Law  under  which  we  are  assembled.  And 
certainly,  that  language,  "to  establish  a  constitution,"  might,  I  think,  be 
legitimately  construed  to  mean  something  more  than  merely  to  frame 
something  which  we  are  to  propose  as  the  organic  law  of  the  State,  but 
which  has  no  force  or  validity,  even  in  its  Ordinances  or  Schedule,  or  any 
enactment  of  that  nature,  until  it  is,  in  all  these  respects,  approved  by  the 
people.  I  submit  that,  being  assembled,  with  authority  to  establish  a  con- 
stitution, and  do  such  other  things  as  may  be  legitimately  done  by  the 
Convention  of  the  people,  assembled  by  the  votes  of  the  people,  we  may, 

(  403  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Final  Adjournment.— BKOOKS. 


iu  these  acts,  establish  something  in  the  way  of  authoritative  legislation,  in 
our  ordinances.  I  suppose  it  may  be  found  that  "Jordan  is  a  hard  road 
to  travel,"  in  case  a  different  interpretation  be  given,  and  gentlemen 
attempt,  here  or  elsewhere,  to  overthrow  the  authoritative.  Constitutional, 
and  lawful  enactment  of  this  Convention  of  the  people  of  Arkansas.  I 
submit  that  it  may  be  found  to  be  rough  work ! 

But  the  passage  which  I  have  quoted  is  not  all,  relevant  to  this  subject, 
that  is  contained  in  the  Act  under  which  we  are  assembled,  and  proceed. 
We  are  convened  for  the  purpose  of  "  establishing"  "  a  civil  government." 
Where,  now,  is  the  solemn  protest, — where,  now,  is  the  "  despotism," — 
when  the  Act  of  Congress  declares  expressly  that  we  are  assembled  to 
establish  a  civil  government  for  the  State  of  Arkansas  ?  And  yet  honor- 
able  gentlemen  take  it  terribly  to  heart  if  there  be  an  intimation  that 
this  Convention  may,  in  certain  contingencies  which  might  possibly  arise, 
perpetuate  its  existence,  if  practicable,  to  carry  out  the  wishes  of  the 
people  of  the  State  of  Arkansas,  and  of  the  Congress  of  the  United  States, 
for  the  establishment  of  civil  government.  As  to  whether  we  shall  meet 
the  approval  of  the  people  of  Arkansas,  in  the  Constitution  which  we 
shall  frame  and  submit  to  their  consideration,  and  in  such  other  acts 
and  proceedings  as  we  claim  we  have  authority  to  perform  here,  we  are 
perfectly  willing  to  submit  that  question  to  the  people,  and  ascertain 
whether  we  meet  their  endorsement,  or  not.  Perfectly  willing,  sir.  But, 
unlike  the  honorable  gentleman  from  White,  we  claim  that  there  are  some 
other  people  in  this  country  beside  the  old  ruling  class  of  the  inhabitants 
of  this  State.  We  are  disposed  to  claim  that  the  twenty-two  thousand 
men  in  this  State,  legally  registered,  qualified  electors,  under  the  Law 
of  Congress,  who,  with  their  wives  and  families,  represent  more  than  one 
hundred  thousand  of  its  inhabitants,  and  fully  one-half  of  the  whole  pro- 
ducing population,  constitute  one  class  of  the  people.  We  hold  that  they 
have  a  right  to  say  something  on  this  question  of  government. 

The  honorable  gentleman  very  earnestly  deprecates  any  attempt  to 
establish  a  despotism.  I  am  sorry  that  the  gentleman  gets  frightened  at 
the  presentation  of  the  idea  of  a  permanent  oligarchy.  I  think  there  must 
be  some  Banquo  in  his  mind's  eye.  There  must  be  an  old,  bony,  long- 
armed,  bloody-handed  ghost,  that  he  sees  in  the  distance.  I  think  there 
must  be  some  association  connected  with  this  question  of  despotism,  of  oli- 
garchy, of  rule  without  law  or  authority, — -some  unhallowed  vision  rising 
up  at  the  mention  of  that  word ;  and  we  might  well  ask  them  if  we  have 
no  power  to  raze  out  this  "  damned  spot,"  and  "  with  some  sweet  oblivious 
antidote"  to  relieve  these  stuffed  bosoms.  I  trust,  sir,  that  gentlemen 
who  have,  in  time  past,  been  enabled  to  confront,  not  the  spectres,  but  the 
realities,  will  not  be  frightened  before  anybody  is  hurt.  I  think,  if  they 
will  consent  to  go  easy,  and  keep  their  nerves  steady,  that  so  far  as  oligar- 
(  404  ) 


Jan.  30th.]  AEKANSAS  COjSTSTITUTIONAL  CONYENTIOK  [19th  Day. 


Final  Adjournment.— BROOKS— CTPEET. 


chies  and  despotisms,  even  of  brainless  and  bad  men,"  to  the  number 
of  seventj-five — including,  of  course,  the  honorable  gentleman  himself, 
for  we  have  not  the  count  without  him — seventy-five  bad  men"  will 
not  do  worse  for  the  State,  than  some  similar  number  did  in  '61.  And 
if  the  honorable  gentleman  could  not  only  stand  up  to  the  scratch  in  '61, 
with  the  "bad  men"  assembled  in  this  capitol  tben,  but,  as  one  of 
the  number,  could  aid,  with  fratricidal  hands,  to  seize  that  old  flag  and 
trail  it  in  the  dust,  drench  this  State  with  fraternal  blood,  and  desolate 
these  homes  through  all  this  fair  land,  I  think  he  need  not  be  greatly 
frightened,  to-day,  at  the  substitute  of  my  friend  from  Pulaski. 

We  propose,  by  the  substitute,  simply,  to  retain,  and  perpetuate  to  such 
a  length  of  time  as  the  exigencies  of  the  occasion  may  demand,  the  exist- 
ence of  this  Constitutional  Convention,  holding  ourselves,  cheerfally  hold- 
ing ourselves,  responsible  to  the  Congress  of  the  United  States,  under 
whose  authority  we  are  here  assembled,  and  responsible  to  the  authorities 
of  the  United  States  Grovernment,  military  as  well  as  civil 

But  there  is  something  still  further,  in  this  Act,  which  declares  not  only 
that  we  are  to  establish  a  constitution,  establish  a  civil  government,  but 
that  we  shall  establish  a  constitution  and  civil  government,  for  the  State 
of  Arkansas,  loyal  to  the  union."  And  that  is  where  the  rub  is — 
that  is  where  the  friction  comes  in — that  is  where  the  nerves  become  irri- 
tated, and  gentlemen  occasionally  get  alarmed. 

I  do  not  suppose,  Mr.  President,  that  there  is  anything  very  dreadful  in 
the  substitute.  I  do  not  suppose  that  any  very  serious  results  will  accrue 
to  the  people  of  the  State  of  Arkansas,  or  to  the  members  of  this  Conven- 
tion, if  we  should,  when  we  adjourn,  adjourn  to  meet  at  the  call  of  the 
President,  for  the  purpose  of  considering  the  situation  of  the  country,  in 
case  any  exigency  requiring  such  action  should  arise,  and  to  ascertain,  what 
if  anything,  further,  it  may  be  lawful  and  Constitutional  to  perform,  on 
behalf  of  the  people  with  whose  interests  we  are  charged.  I  see  nothing 
terrific  there,  nothing,  with  the  precedents  before  us,  to  alarm  any  of  us, 
except  there  be  some  sensitiveness  on  the  points  I  have  indicated.  I  can 
readily  understand,  if  such  sensitiveness  does  exist,  whence  comes  all  this 
stir.  Otherwise,  I  can  see  no  occasion  for  it ;  on  the  contrary,  I  see  a 
plain,  sraightforward,  business  proposition,  to  perpetuate  the  lawful  and 
Constitutional  existence  of  a  lawful  and  Constitutional  Convention  of  the 
State,  "  for  the  purpose  of  establishing  a  Constitution  and  civil  govern- 
ment," "loyal  to  the  Union." 

Mr.  CYPERT.  Will  the  gentleman  allow  me  to  reply  at  this  particular 
moment?    I  do  not  wish  to  speak  out  of  order. 

The  PRESIDE^^'T.  If  the  gentleman  desires  to  make  a  speech,  the 
proper  course  will  be  to  inquire  if  all  other  gentlemen  who  desire  to  speak 
have  spoken. 

(  405  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Final  Adjournment.— CTPEET— HODGES  of  Pulaski— BKADLEY—DUVALL. 


Mr.  CYPERT.  If  the  Convention  will  give  me  leave,  I  desire  to  speak 
at  this  particular  moment. 

The  PRESIDEl^T.  Are  there  any  other  gentlemen  who  desire  to 
speak  ? 

Mr.  HODGES,  of  Pulaski,  obtained  the  floor. 

Mr.  DUYALL.  I  wish  to  make  a  few  remarks — I  do  not  desire  to  make 
a  speech.  

The  PRESIDENT,  The  gentleman  from  Pulaski  [Mr.  Hodges]  has  the 
floor. 

Mr.  HODGES,  of  Pulaski.  Here  is  a  little  despatch,  which  I  wish  to 
read  from  the  Proceedings  of  the  Convention  of  1861. 

"  [By  TelegpvAph  from  Pine  Bluef.] 

"  May  9tli,  1861. 

To  Governor  H.  M.  Eector  : 

"  Steamboat  Arago  is  owned,  by  her  papers,  in  Pittsburg,  Pennsylvania,  and 
has  one  hundred  tons  provisions  belonging  to  owners.  Shall  we  confiscate  ber 
here?  Plenty  of  good  Southern  steamboatmen  here  to  take  her  where  you 
want  her,  free  of  charge. 

"  Capt.  Jno.  M.  Bradley." 

Mr.  BRADLEY.  I  sent  the  dispatch. 
Mr.  HODGES.  That  is  all. 

Mr.  BRADLEY.  This  is  a  personal  matter;  and,  injustice  to  myself, 
I  wish  the  gentleman  would  turn  back  a  few  pages,  where  he  will  find 
that  Brigadier  General  Thomas  James  [The  Reporter  did  not  hear  clearly 
this  name]  announced  that  he  had  arrested  the  steamer ;  and  he  will  per- 
ceive that  I  was  simply  a  Captain,  acting  under  the  instructions  of- that 
officer.  He  had  ordered  me  to  go  aboard ;  and  under  his  orders  I  ex- 
amined the  schedules  and  clearance  papers,  and  despatched,  as  I  was  told 
to  do.  I  am  a  great  hand  to  obey  orders.  I  am  now  obeying  orders. 
My  whole  course  here  has  been  in  obedience  to  orders.  I  obeyed  orders 
when  I  sent  that  despatch.  And  in  my  opinion.  Governor  Rector,  and 
the  Convention,  acted  very  foolishly.  Eor  though  the  steamer  was  re- 
leased on  the  promise  of  travelling  in  the  South,  the  moment  she  was 
released  she  went  straight  to  the  liorth.  If  they  had  taken  my  advice, 
they  would  have  been  a  steamboat  better  ofip. 

Mr.  HODGES,  of  Pulaski.  Yes,  sir ;  one  more  steamer  would  have 
been  taken  from  the  JSTorth  ! 

Mr.  DUYALL.  I  rise  for  the  purpose  of  entering  my  protest  against 
the  waste  of  time  and  money,  going  on  in  this  body.  I  understand,  from 
the  Law,  that  this  Convention  was  called  together  to  frame  a  Constitution. 
If  that  is  the  business,  I  would  like  gentlemen  to  come  to  their  right 
senses,  and  come  to  the  work.  We  are  not  here  for  the  purpose  of  turning 

(  406  ) 


Jan.  30th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [19th  Day. 


Final  Adjournment.— DUYALL—BEOOKS. 


back  and  seeing  what  men  have  been  doing  heretofore.  Could  our  con- 
stituents of  Arkansas  be  assembled  here  to-dav,  look  upon  this  body,  and 
hear  what  is  said  and  done,  they  certainly  would  be  disgusted.  Here  we 
have  motion  after  motion,  to  do  one  thing  and  to  do  another,  to  no  purpose. 
It  is  accomplishing  no  good,  it  will  effect  none ;  and  I  ask  the  gentlemen 
of  this  Convention  to  come  to  their  senses  and  go  to  work  in  good  earnest. 
If  that  is  what  you  have  assembled  for, — to  frame  a  Constitution, — do  it ! 

As  regards  adjourning  the  Convention  subject  to  a  call  of  the  Presi- 
dent, I  do  not  understand  that  to  be  compatible  with  the  Eeconstruction 
Laws.  Those  laws  have  made  provision  for  the  call  of  a  Convention  to 
frame  a  Constitution.  That  Constitution  is  to  be  submitted  to  the  people 
for  their  ratification.  If  rejected,  I  understand  that  we  are  to  remain  a 
provisional  government.    Section  6  of  the  Reconstruction  Act  declares  : 

'^And  be  it  further  enacted,  That  until  the  people  of  said  Rebel  States  shall  be 
by  law  admitted  to  representation  in  the  Congress  of  the  United  States,  any 
civil  government  which  may  exist  therein  shall  be  deemed  provisional  only, 
and  in  all  respects  subject  to  the  paramount  authority  of  the  United  States." 

Are  we  to  resolve  ourselves  into  a  bodj^  holding  the  supreme  power  of 
the  State,  and  adjourning  from  time  to  time,  subject  only  to  the  call  of 
the  Convention?  I  appeal  to  jou  in  good  earnest,  as  an  honest  man, — 
come  squarely  up  to  the  work,  let  us  accomplish  it,  and  let  us  go  home 
and  submit  that»work  to  the  people. 

If  in  order,  I  wish  to  say  another  word;  and  that  is,  in  reference  to  the 
word  "  loyal."  I  hear  it  from  almost  every  member  that  rises  upon  the 
floor.  I  claim  to  be  loyal,  though  I  differ  from  other  gentlemen  in  re- 
gard to  the  powers  whicb  they  attribute  to  Congress. 

Mr.  BROOKS.  I  would  be  glad  of  an  opportunity  of  explanation.  I 
was  last  on  the  floor ;  and  that  term  "  loyal "  was  handed  about,  somewhat. 
I  wish  to  make  this  explanation.  The  connection  in  which  the  term  was 
employed,  was  this:  that  the  members  of  the  Convention  here  assembled 
are  the  representatives  elected  by  the  loyal  people  of  Arkansas.  Xow,  if 
there  are  gentlemen  elected  by  the  disloyal  people,  I  confess  I  should  have 
some  misgivings  about  the  propriety  of  their  remaining.  But  I  spoke  of 
the  delegates  here,  all,  as  being  elected  by  the  loyal  citizens  of  the  State 
of  Arkansas. 

Mr.  DUYALL.  I  claim  to  be  one  of  those  delegates  elected  by  loyal 
citizens.  I  do  not  attribute  any  disrespect,  in  the  remarks  of  the  gentle- 
man from  Phillips  [Mr.  Brooks.]  But  I  am  commonly  met,  outside  this 
hall  and  in  the  hall,  with  reproaches  and  insinuations  of  being  disloj'al. 
I  wish  to  place  myself  right  upon  this  subject.  I  take  the  position 
that  there  are  three  branches  of  this  government, — legislative,  judicial, 
and  executive.    The  legislative  body  enacts  the  laws.    There  is,  in  the 

(  407  ) 


1868.]  DEBATES  Al^J)  PEOCEEDmGS  OF  THE  [Thursday, 


Final  Adjournment— DUVALL. 


Judicial  Department  of  the  Government,  a  Supreme  Court;  and  those 
laws,  as  regards  their  Constitutionality,  and  consequent  validity,  are  sub- 
ject to  the  decisions  of  the  Supreme  Court.  I  hold  that  there  is  no  legal 
gentleman,  honest  enough  to  come  up  to  the  point,  who  will  for  one 
moment  contend  that  these  Eeconstruction  Acts  are  Constitutional,  or  that, 
not  being  Constitutional,  they  are  valid.  It  is  admitted,  by  the  knowing 
portion  of  the  party  in  power,  that  these  Acts  are  not  Constitutional.  Thad. 
Stevens  himself  says  they  are  not.  When  I  approach  the  more  honest 
members  of  that  party,  and  talk  to  them  on  the  question,  they  admit,  to 
me,  that  they  do  not  contend  for  the  Constitutionality  of  those  laws ;  but 
that  circumstances  have  rendered  it  necessary  for  Congress  to  step  a  little 
outside  the  limits  of  the  Constitution.  I  will  take  the  same  ground  which 
the  honorable  gentlemen  from  Phillips  took,  here,  with  reference  to  the 
resolution  respecting  the  intermingling  of  the  two  races.  He  took,  and  very 
correctly,  the  ground  that  it  is  very  dangerous  for  any  legislative  body  to 
go  outside  the  powers  with  which  they  are  invested.  I  take  the  same 
position ;  that  it  is  always  dangerous ;  and  I  hold  that  it  is  especially  dan- 
gerous for  the  Congress  of  the  United  States  to  transcend  its  powers.  It 
has  done  so ;  it  has  gone  out  outside  of  its  authority,  one  step  after  another, 
until,  at  length,  it  has  arrived  at  the  capping  climax  of  the  whole,  and  has 
undertaken  to  put  the  Supreme  Court  under  its  foot.  If  these  things  are 
to  be  suffered,  I  ask  you  where  is  our  Government  ?  Its  very  foundations 
are  swept  away ;  and  it  will  go,  as  governments  have  go%e  before. 

One  word  more,  while  I  am  on  my  feet.  We  hear  much  talk  of  preju- 
dice against  the  negro.  I  am  not  prejudiced  against  the  negro.  I  am 
willing  that  he  shall  have  all  the  rights  that  belong  to  him,  as  an  indi- 
vidual under  the  protection  of  the  law.  I  differ  from  you  in  regard  to  the 
elective  franchise.  There  is  not  a  negro  in  my  County  that  is  an  enemy 
to  me — not  one.  They  know  where  I  have  stood  all  the  time.  I  really 
do  not  believe  that  the  extension  of  the  elective  franchise  to  the  colored 
race  will  redound  to  their  benefit. 

But  I  leave  that  question.  I  again  appeal  to  you  to  go  to  your  work, 
faithfully,  to  finish  it  in  the  shortest  time,  submit  it  to  the  people,  and  go 
home,  that  we  may  lessen  the  expenses  cast  upon  them.  They  are  heavily 
taxed  and  hard  pressed. 

If  in  order,  I  would  move  to  reconsider  the  vote  by  which  the  Conven- 
tion refused  to  lay  the  substitute  upon  the  table;  and  this  with  a  view  to 
get  rid  of  the  whole  matter,  and  come  back  to  the  work  we  have  to  do. 

Mr.  ROUE"SAVILLE  moved  that  the  Convention  take  a  recess  until 
two  o'clock,  P.M. 

The  question  was  taken ;  and  the  motion  was  not  agreed  to. 

Mr.  MATTHEWS  moved  that  the  Convention  adjourn. 
(  408  ) 


Jan.  30th.]  AEKANSAS  COXSTITUTIOKAL  CONYE^sTTION.  [19th  Day. 


Final  Adjournment.— HODGES— CYPEET—DUYALL—ROUNSAYILLE. 


The  question  was  taken ;  and  the  motion  was  not  agreed  to. 
Mr.  REYITOLDS  moved  to  lay  upon  the  table  the  whole  subject 
pending, 

Mr.  HODGES,  of  Pulaski,  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

Mr.  CYPERT.  I  ask  for  information.  I  understand  that  this  motion 
to  lay  upon  the  table  cuts  off  debate.  I  wish  to  know  if  it  is  the  desire 
of  the  Convention  to  allow  the  personal  allusions  to  the  position  which  I 
personally  occupy,  to  pass  without  a  reply. 

Mr.  HODGES,  of  Pulaski.  We  propose,  on  this  side  of  the  house,  to 
vote  against  the  motion.  It  was  upon  the  gentleman's  side  of  the  house, 
that  the  motion  to  lay  upon  the  table  was  made. 

Mr.  CYPERT.  If  lost,  I  shall  of  course  reply  to  the  allusions  which 
have  been  made. 

The  question  was  taken;  and  it  was  decided  in  the  negative, — Yeas  16, 
isTays  46,  as  follows : 

Yeas  :  Messrs.  Beasley,  Corbell,  Duvall,  Gantt,  Hicks,  Kyle,  Matthews,  Moore, 
Owen,  Puntney,  Reynolds,  Shoppach,  Yan  Hook,  Walker,  Wilson,  and  Wright 
—16. 

Nays  :  Messrs.  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  Cypert,  Dale, 
Evans,  Exon,  Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds, 
Hinkle,  Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Langley,  Mallory, 
Mason,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Por- 
tis,  Priddy,  Rawliugs,  Rector,  Rounsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims, 
Smith,  Snyder,  White,  Williams,  Wyatt,  and  the  President — 46. 

So  the  Convention  refused  to  lay  the  subject  upon  the  table.  , 
Pending  the  call  of  the  roll : 

Mr.  DUVALL  (when  his  name  was  called)  asked  to  be  excused  from 
voting. 

Objection  being  made, 

Mr.  DUVALL  said :  I  vote  Aye.  I  want  to  get  rid  of  this  whole  matter. 
Before  the  vote  was  announced, 

Mr.  ROUI:TSAVILLE  said :  I  voted  ]^o;  not  that  I  was  opposed  to  the 
proposition  to  lay  on  the  table,  but  that  the  gentleman  from  Y^hite  [Mr. 
Cypert]  might  have  an  opportunity  to  discuss  the  subject. 

The  vote  was  then  announced  as  above. 

• 

Mr.  CYPERT.  It  is  not  my  purpose  to  detain  the  Convention  in  this 
discussion.  I  did  not  introduce  the  motion  to  adjourn,  with  any  view  of 
bringing  up  such  a  discussion  as  followed.  If  the  gentlemen  in  the  ma- 
jority had  voted  directly  upon  the  question,  they  could,  had  they  so  chosen, 

(  409  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Final  Postponement.— CYPEKT—BKOOKS. 


have  voted  tlie  proposition  directly  down.  My  object  in  introducing  it 
was,  to  precipitate  work,  and  in  some  way  secure  our  going  to  work. 
We  have  been  here  four  weeks,  and  have  done,  we  may  say,  nothing. 
My  object  was,  to  precipitate  work.  It  is  the  substitutes  and  amend- 
ments which  have  brought  forth  discussion.  They  have  caused  all  the 
delay.  I  introduced  none  of  the  substitutes  or  amendments,  upon  what  I 
conceive  to  be  the  preposterous  questions  which  have  been  introduced 
before  the  Convention. 

But  to  come  at  once  to  the  question  as  presented  to  myself.  I  asked 
what  gentlemen  meant  by  "  loyalty,"  and  did  so  with  the  bona  fide  pur- 
pose of  ascertaining  what  they  meant.  I  was  answered  in  an  evasive  way. 
But  now  I  understand,  from  the  argument  of  the  gentleman  [Mr.  Brooks], 
what  these  gentlemen  mean  by  "  loyalty."  When  they  desire  to  find  a 
precedent  for  what  they  propose,  where  do  they  go  to  seek  it  ?  Do  they 
seek  a  precedent  in  the  actions  of  any  loyal  people,  of  those  who  desire  to 
perpetuate  our  form  of  government,  to  preserve  the  Constitution  and  the 
Union  ?  Do  they  seek  a  precedent,  I  ask,  for  their  course,  in  any  body 
that  was  for  the  perpetuation  of  the  Union,  or  the  enforcement  of  the  laws, 
or  the  Constitution  of  the  United  States  ?    Not  one  ! 

Mr.  BROOKS.  I  would  ask  to  be  allowed  an  explanation.  I  think  I 
quoted  a  precedent  from  the  Convention  of  Louisiana,  which,  it  was  sup- 
posed, in  this  part  of  the  country, — I  mean,  in  my  part  of  the  country, — 
was  designed  to  assist  in  the  perpetaation  of  the  Union.  I  quoted  the 
precedent  of  the  action  of  the  Missouri  Convention  in  the  hands  and 
under  the  auspices  of  Union  men,  headed  by  Governor  Gamble, — which, 
we  in  Missouri  understood,  was  laboring, — and  which  did  labor, — for  the 
perpetuation  of  the  Union,  and  for  the  vindication  of  the  flag.  I  con- 
cede, of  course,  that  we  did  quote  the  gentlemau's  precedent  of  1861, 
merely  for  the*  sake  of  more  ample  illustration. 

Mr.  CYPERT.  I  will  come  to  that  instance.  Sir,  the  gentleman  is 
unfortunate  in  the  selection  of  his  precedent  from  the  proceedings  of  the 
"  loyal "  body  in  Louisiana.  To-day,  there  is  another  Convention  there, 
similar  to  this,  seeking  to  undo  what  that  "  loyal"  Convention  did.  Is  the 
gentleman  more  fortunate  in  that  precedent  ?  I  say,  he  seeks  precedents 
only  among  those  who  wished  to  set  aside  the  Constitution  of  the  United 
States,  those  who  wished  to  destroy  the  Government  of  our  fathers,  those 
who  wished  to  inaugurate  a  new  system  of  government.  I  admit  that  the 
precedent  taken  from  Louisiana  might  do  very  well,  were  it  not  that  we 
have  there  a  Convention,  to-day,  of  the  same  order  as  this,  seeking  to 
destroy  the  work  of  that  very  body. 

I  contended,  I  still  contend,  that  the  history  of  the  country  bears  me  out 
in  the  assertion  that  the  Radical  Party  is  but  the  counterpart  of  Secession. 
They  have  fought  against  reconstruction  upon  anything  like  an  equal  basis 
(  4iO  ) 


Jan.  30th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOy.  [19th  Dav. 


rinal  Adjournment.— CTPEET—BEOOKS. 


with  that  of  the  government  of  other  States,  ever  since  the  rebels  laid 
down  their  arms.  I  repeat,  they  are  but  the  counterpart  of  Secession.  I 
have  heard  disloyal  sentiments  spoken,  in  the  City  of  Little  Eock,  from 
both  sides,  the  two  extremes.  They  have  laid  hold  of  the  garments  of  the 
G-overnment  at  each  end,  and  are  trying  to  tear  it  in  two:  and,  unfortu- 
nately, they  have  torn  so  great  a  rent  in  that  garment,  that  ten  States  are 
yet  unsheltered,  and  left  out  in  the  cold.''"  I  say  that  if  there  is  any  dis- 
loyalty, it  is  in  tliat  party  which  openly  professes  to  be  travelling  outside 
the  Constitution  of  the  United  States.  What  is  loyalty  ?  It  is  obedience 
to  the  laws  of  the  country.  The  paramount  law  is.  the  Constitution  of 
the  United  States.  The  acts  of  any  legislative  body,  not  in  consonance 
with  the  Constitution,  are  not  laws.  There  is  the  difference  between  an 
act  and  a  lav:.  Acts  not  in  conformity  with  the  Constittition,  are  mere 
acts  of  Congress,  or  of  the  Legislature  ;  but  they  fail  to  become  laws.  I 
say.  then,  obedience  to.  the  Constitution  of  the  United  States,  obedience  to 
the  laws  passed  in  accordance  therewith,  is  the  only  test  of  loyalty  known 
to  American  citizens. 

Mr.  BROOKS.  AVill  the  a'entleman  allow  me  a  question? 

Mr.  CYPERT.  Yes,  sir.  ^ 

Mr.  BROOKS.  It  is  tins  :  on  his  theory  of  the  unconstitutionality,  and 
consequent  nullity,  of  the  Acts  of  Congress  called  the  Reconstruction  Acts, 
by  what  process  of  logic  and  philosophy  does  he  propose  to  hold  us,  here, 
in  our  actions,  to  strict  conformity  with  these  unconstitutional  and  unlawful 
Acts  of  Congress — he  quoting  them  as  authority  ? 

Mr.  CYPERT.  The  gentleman  will  bear  me  out  in  saying,  that  I  have 
not  tried  to  hold  this  body  to  anything  in  particular.  AVe  have  tried  to 
prevent  the  passage  of  preposterous  measures  ;  but  I  have  not  endeavored 
to  hold  the  Convention  to  any  particidar  course  of  conduct. 

Mr.  BROOKS.  The  gentleman  has  been  continually  reading  from  those 
Acts,  which  he  holds  unconstitutional  and  void. 

Mr.  CYPERT.  I  have  read  those  Acts  for  the  purpose  of  showing  their 
unconstitutionality. 

But  I  now  come  to  this  point.  The  gentleman  referred  to  my  antece- 
dents. ,  Sir,  in  1861  I  stood  in  this  hall  and  appealed,  as  warmly  as  I  do  to 
these  gentlemen,  against  the  violation  of  the  Constitution  of  the  United 
States.  I  did  it,  sir.  I  was  in  the  majority  of  the  first  Convention  ;  and  we 
voted  down  the  proposition  to  violate  the  Constittition  of  the  Ignited  States. 
"W^hen  the  second  Convention  met,  what  Avas  the  state  of  the  country  ? 
War  had  commenced  :  and  I  assert  to-day,  as  I  have  always  asserted,— and 
every  man  in  my  neighborhood  knows  it  to  be  true,— that  I  denied  the  right 
of  secession,  that  I  irrotested  against  the  war,  that  I  told  them  it  would  * 
devastate  the  country,  that  we  were  ruined  if  we  passed  the  Ordinance  of 
Secession.    But  what  was  left  me  ?    I  again  deckire,— and  I  believe  the- 


1868.1 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Final  Adjournment.— CYPEET— HODGES  of  Pulaski— BKOOKS. 


venerable  Executive  of  the  State  will  bear  me  out  in  so  saying,- — that  I 
denied  the  right  of  secession :  but  we  were  all  compelled  to  go  one  way  or 
the  other,  and  if  we  voted  against  secession  at  that  time,  we  would  be 
divided  among  ourselves.  We  had  to  float  with  the  current  as  it  went, 
till  we  could  hang  to  the  willows. 

I  have  ever  acted  upon  that  principle.  I  have  always  denied  that  a 
State  could  withdraw  from  the  Union,  or  that  the  Union  could  expel  a 
State.  I  have  always  denied  that  Secession  was  anything  but  rebelUon. 
Where  do  I  find  my  Radical  friends?  I  find  them  cheek  b}^  jowl  with 
whom?  A  gentleman  who,  in  this  State,  took  the  initiatory  in  secession.  A 
man  who  boasts  that  he  drafted  the  Ordinance  of  Secession,  is  now  quoted, 
and  patted  upon  the  back,  by  the  leading  members  of  this  Convention. 

A  MEMBER  [m  Ms  seaf]    He  has  repented. 

Mr.  HODGES,  of  Pulaski.  Will  the  gentleman  state  the  name?  I 
have  heard  of  nothing  of  the  kind. 

Mr.  CYPERT.  He  is  not  a  member  of  this  Convention.  [A  few  words 
of  the  speaker  were  here  inaudible  to  the  Reporter.]  It  is  known  that 
that  man  stood  in  this  hall,  while  calling  upon  the  State  to  secede,  and 
asserted  that  he  would  be  the  man  that  would  take  the  torch  and  put  it  to 
the  City  of  I^ew  York,  and  burn  that  city  to  ashes,  over  its  inhabitants. 
\_Turning  to  Mr,  Brooks.]    That  is  your  "  loyalty,"  is  it? 

Mr.  BROOKS.  I  know  nothing  about  that  gentleman.  I  have  never 
been  associated  with  the  burners  of  cities,  and  the  poisoners  of  waters, 
and  the  dififusers  of  disease,  and  of  death  in  that  style,  in  any  way  what- 
ever.* That  is  not  my  breed  of  loyalty,  at  all.  They  didn't  have  any  loy- 
alty of  that  kind,  where  I  come  from. 

Mr.  CYPERT.  The  gentleman  is  not  engaged,  I  admit,  in  the  poison- 
ing of  springs.  But  there  is  a  worse  species  of  poisoning ;  and  I  charge 
the  gentleman  with  that.  It  is,  poisoning  the  ignorant;  it  is,  attempting 
to  induce  the  ignorant  to  deeds  to  which  the  poisoning  of  springs  would 
hardly  be  equal. 

Mr.  BROOKS.  I  demand  a  specification. 

Mr.  CYPERT.  I  will  give  it, 

Mr.  BROOKS.  That  I  instigate  parties  in  this  State  to  deeds  compared 
with  which  the  poisoning  of  springs  and  burning  of  cities  is  virtuous. — I 
ask  a  specification. 

Mr.  CYPERT.  I  correct  myself,  as  far  as  the  language  could  have  the 
construction  which  the  gentleman  seems  to  put  upon  it.  I  do  not  attrib- 
ute to  him  the  intentional  effect  of  his  poison ;  but  the  deeds  to  which  I 
referred  are  the  legitimate  result  of  the  doctrine  propagated  by  the  gen- 
tleman. I  contend  that  the  legitimate  result  of  the  Radical  doctrine  is, 
to  bring  about  a  war  between  the  races,  which  will  inevitably  produce  the 
destruction  of  our  country.  That  is  my  explanation. 
(  412  ) 


Jan.  30th.]  ARKANSAS  CO^^^STITUTIONAL  CONYENTION.  [19th  Day, 


Final  Adjournment.— BEOOKS—CYPEET— KYLE. 


Mr.  BROOKS.  That  is, — if  the  gentleman  will  allow  me  (well,  the 
gentleman  drinks— I  should  think  a  man  w^ould  get  thirsty  over  the  like 
of  that) — that  is,  the  equality  of  all  men  before  the  law,  without  respect 
to  race,  color,  or  previous  condition,  and  the  advocacy  of  that  doctrine, 
is  worse  than  the  poisoning  of  springs  or  the  burning  of  cities. 

Mr.  CYPERT.  I  did  not  understand  that  to  be  the  legitimate  conclu- 
sion to  be  drawn  from  my  language. 

Mr.  BROOKS.  That  is  the  issue. 

Mr.  CYPERT.  I  know  that  is  what  the  gentleman  claims.  He  talks 
about  the  equality  of  the  races;  bat  he  straightway  declares  that  I  shall 
not,  nor  shall  any  man  w^ho  has  ever  held  an  office  in  the  State  of  Ar- 
kansas— for  it  amounts,  practically,  to  about  that, — ever  hold  office  in  the 
State,  under  the  new  Government;  and  he  proposes  to  deny  the  right  of 
suffi'age  to  I  know  not  how  large  or  numerous  classes  of  the  inhabitants 
of  the  State.  Is  that  equality  before  the  law  ?"  God  save  me  from  the 
"equality!" 

Mr.  BROOKS.  Permit  me  to  continue  this  running  fire.  That  is  to 
say,  sir, — and  I  wish  to  be  corrected  if  I  am  wrong,— -that  because  we  hold 
and  advocate  the  doctrine  of  equality  before  the  law,  for  all  men, — equality 
of  civil  rights,  regardless  of  race,  color,  or  previous  condition, — -therefore, 
for  us,  in  the  case  of  men  who,  for  the  sake  of  opposing  the  United  States 
Government,  the  Union  of  these  States,  and  the  honor  of  the  flag  of  the 
country,  perjured  themselves,  to  attach  any  disability  to  such  perjury  and 
such  treason,  is  in  defiance  of  the  equality  of  rights  before  the  law. 

Mr.  KYLE.  I  rise  to  a  point  of  order.  We  have  under  consideration 
a  certain  substitute.  I  do  not  understand  that  in  debating  the  question 
arising  under  that  substitute,  a  discussion  of  the  doctrine  of  secession, 
and  all  this  kind  of  slang-whang,  that  we  have  gone  over  in  the  last  six 
years,  amounts  to  anything  at  all.  If  we  are  to  be  kept  here,  from  day 
to  day,  to  engage  in  this  idle  controversy,  we  had  better  adjourn,  and  go 
home  at  once.  A  while  ago,  I  wanted  to  have  something  to  say  upon  this 
substitute  before  the  Convention ;  but  was  ruled  out  on  the  point  of  order 
that  my  remarks  were  not  relevant  to  the  question,  and  took  my  seat.  I 
do  hope  that  this  course  of  debate  will  come  to  an  end — that  it  will  be 
put  to  an  end.  If  gentlemen  have  anything  to  say  upon  the  question  of 
the  substitute,  let  them  argue  that,  and  not  go  over  the  whole  ground  of 
secession,  that  every  man,  woman,  and  child,  in  the  country,  has  talked 
of  for  the  last  six  years,  and  that  everybody  is  tired  of  Let  us  confine 
oiTr  attention,  now,  to  seeing  a  better  state  of  things  inaugurated. 

The  PRESIDEJ^T.  The  point  of  order  raised  against  the  gentleman 
from  Dallas  [Mr.  Kyle]  was,  that  the  question  before  the  Convention 
was  upon  a  motion  to  refer,  which  was  not  debatable.  The  Chair 
believes,  however,  that  the  present  point  of  order  is  well  taken,  if  we 

(  413  ) 


1868.] 


DEBATES  AISTD  PEOCEEDINGS  OF  THE  [Thursday, 


Final  Adjournment.— POETIS—BKOOKS—CYPEKT. 


should  apply  a  strict  rule ;  but  as  considerable  latitude  has  been  given, 
the  gentleman  will  proceed  with  his  remarks. 
Mr.  PORTIS.  I  move  that  we  now  adjourn. 

Mr.  BROOKS.  I  hope  not,  if  the  gentleman  [Mr.  Cypert]  has  not 
finished. 

Mr.  CYPERT.  I  believe  I  have  nearly  finished.  I  should  have  finished, 
if  the  gentleman  [Mr.  Brooks]  had  not  pumped  a  speech  into  me,  from 
the  other  side  of  the  house. 

Mr.  PORTIS.  I  withdraw  the  motion  to  adjourn. 

Mr.  CYPERT.  The  gentleman  [Mr.  Brooks]  talks  of  "  equality  before 
the  law."  The  gentleman  assumes  that  equality  before  the  law  means 
the  protection  of  the  law,  and  so  forth.  I  have  always  advocated  that.  I 
think  the  gentleman  and  I  have  got  together.  But  he  does  not  practice 
what  he  preaches.  By  his  practice  he  proposes  not  to  permit  certain  per- 
sons equality  with  the  rest  of  the  community,  before  the  law ;  for  he  as- 
sumes that  they  have  been  guilty  of  crime.  No  court  of  the  country  has 
ever  convicted  these  persons.  I  might  assume  that  the  gentleman  had 
committed  a  crime.  But  my  assumption  of  the  fact  does  not  make  it 
so.  If  I  were  to  assume  that  he  was  guilty  of  a  violation  of  the  law  of 
felony,  for  instance,  and  should  upon  that  assumption  come  here  and  vote 
for  his  disfranchisenient,  individually,  I  would  be  travelling  outside  the 
Constitution  to  which  I  am  loyal.  But  the  gentleman's  loyalty  is  such  as 
will  not  allow  me  to  be  loyal  where  he  is  loyal.  He  is  loyal  to  a  certain 
party,  to  a  certain  system  of  politics,  that  blinds  him  to  every  principle  of 
the  Constitution  of  the  United  States,  and  every  principle  of  a  free  and 
republican  form  of  government.  I  maintain  that  this  substitute  is  nothing 
more  than  a  stroke  at  the  very  foundation  of  a  republican  government.  It 
proposes  to  perpetuate  this  body,  at  the  call  of  an  individual  officer,  as 
a  junto  to  make  laws  and  rule  the  State  of  Arkansas.  I  admit'that  the 
gentleman  has  a  precedent  for  that.  We  have,  in  the  United  States,  a 
body  that  is  styled  Congress,  which  seeks  to  place  itself  in  a  similar  atti- 
tude. It  seeks  to  destroy  the  Executive  Department  of  the  Government; 
it  seeks  to  destroy  the  Judiciary  of  the  Government,  and  to  render  itself 
the  perpetual  and  sole  power  of  the  Government  of  the  United  States. 
The  gentleman  is  loyal  only  to  a  particular  class  of  politicians.  He  is 
loyal  to  Congress  only.  He  does  not  profess  that  he  will  obey  the  supreme 
law  of  the  land;  he  denies  that  the  Supreme  Court  had  any  right  to  decide 
that  a  negro  was  not  a  citizen  of  the  United  States,  and  he  characterizes 
the  Chief  Justice  of  the  United  States  as  the  Jeffi-ies  of  America. 

Mr.  BROOKS.  I  beg  the  gentleman's  pardon  ;  I  never  made  any  such 
remarks,  on  this  floor  or  anywhere  else  on  the  earth. 

Mr.  CYPERT.  The  remark  came  from  that  side  of  the  house,  the  other- 
day.    I  may  be  mistaken  in  attributing  it  to  the  gentleman. 
(  414  ) 


Jan.  30th.]  AEKAXSAS  COXSTITUTIOXAL  COXTEXTIOX.  [lOth  Dav. 


rinal  Adjournment.— CTPERT— SMITH— GEET—BEOOKS. 


A  MEAIBEE  [':'/'  Ms  seat:]  It  was  made  by  liis  colleague. 
Mr.  CYPEE.T.  I  am  told  that  it  came  from  the  gentleman's  colleague. 
The  PEESIDEXT.  These  remarks  are  not  to  the  point  before  the  Con- 
vention. 

Mr.  CYPEET.  As  I  have  been  ridden,  I  would  like  to  ride  a  while. 
Mr.  SMITH.  I  would  like  the  gentleman  to  specify  which  colleague. 
Mr.  CYPEET.  I  exonerate  Mr^  Smith. 
A  MEMBEE  \in  Ms  sect:]  It  was  Grey. 

Mr.  BEOOKS.  My  colleague  is  modest :  and  I  will  say  that  the  Chief 
Justice  referred  to  was  not  Chief  Justice  Chase. 
Mr.  CYEEET.  Yo,  sir. 

Mr.  GEEY,  of  Ehillips.  I  made  a  remark  of  that  kind:  and  I  have  the 
evidence  upon  which  I  made  it,  and  when  you  get  through  I  will  give  it 
you. 

Mr.  CYTf^EET.  That  decision  is  the  law  of  the  land :  and  it  so  remains 
until  it  is  reversed.  It  has  never  been  reversed  by  the  Supreme  Court :  but 
it  has  been  attempted,  by  Congress,  to  reverse  it:  and  to  Congress  it  is  that 
the  gentleman  [Mr.  Brooks]  is  loyal,  not  to  the  Constitution,  or  to  the 
Government.  I  contend  that  I  am  a  more  loyal  man  than  he  is  :  for  I  am 
loyal  to  the  Constitution,  loyal  to  my  country,  and  disloyal  to  all  particu- 
lar cliques  and  parties.  I  hold  myself,  as  a  politician,  independent  in  all 
things,  and  neutral  in  nothing;  I  assume  to  judge  for  myself,  of  my  course. 
AVhat  I  see  good  in  a  party,  I  accept :  what  I  see  bad  in  a  party,  I  reject. 
And  when  I  see  a  party  organized  for  the  purpose  of  subverting  the  Con- 
stitution of  the  United  States,  perpetuating  anarchy,  and  out  of  anarchy 
producing  despotism,  I  confess  I  cannot  go  with  it — I  confess  I  cannot  be 
loyal  to  such  a  party. 

I  return  to  the  point  from  which  I  set  out.  I  am  sorry  to  find  that 
gentlemen  are  allying  themselves  with  those  who  were  the  originators 
and  perpetrators  of  secession.  I  am  sorry  they  endorse  them.  I  am 
sorry  that  they  go  to  them  for  precedents :  though  I  deny  that  the  action 
of  the  Convention  of  '61  formed  a  precedent  for  the  course  here  proposed. 
I  stated,  before,  that  in  that  case  there  was  a-  limit — they  adjourned  to  a 
particular  day;  and  I  say  that  in  this  case  there  is  no  limit.  This  irre- 
sponsible body — responsible  to  nobody  but  the  military- — inaugurates  a 
perpetual  rule  of  its  own,  and,  supported  by  the  military  arm  of  the  Gen- 
eral Government,  usurps  the  supreme  power  of  the  State.  It  makes  you, 
sir,  a  dictator  over  everything,  for  a  little  while.  It  places  an  awful  respon- 
sibility solely  upon  you.  If  this  Convention  is  going  to  permit  you,  sir, 
to  call  it  together,  at  any  time,  at  your  own  discretion,  to  act  as  the  su- 
preme power  of  this  State,  it  is  an  awful  responsibility,  and  I  am  sure  you 
would  not  assume  it.  I  was  sorry  to  see  the  President's  name  in  the 
affirmative,  in  the  vote  upon  the  amendment.    It  seemed  to  me  he  was 

(  ^15  ). 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Final  Adjournment.— GENERAL  DEBATE. 


seeking  such  a  power;  and  I  am  sorry  to  see  that  there  is  a  gentleman 
here  who  seeks  so  supreme  a  power  in  the  republic.  If  there  is  any  man 
in  Arkansas  who  seeks  a  position  of  that  kind,  he  is  disloyal  to  a  repub- 
lican form  of  government,  and  is  not  a  loyal  man.  For  I  still  contend  that 
we  have  the  germ  left,  of  the  old  republican  form  of  government. 

I  have  defined  loyalty  and  disloyalty,  as  loyalty  and  disloyalty  to  the 
Constitution  of  the  United  States.  I  have  defined  my  position.  If  gen- 
tlemen do  not  endorse  that  position,  they  surely  are  disloyal. 

Mr.  BEASLEY.  The  amount  of  time  which  we  allot  ourselves  is  not 
sufficient  to  admit  of  all  the  speaking  that  it  seems  must  necessarily  take 
place.  I  therefore  move  that  we  take  a  recess  until  two,  or  half-past  two, 
o'clock,  and  then  meet  again,  so  that  we  maybe  able  to  transact  some 
business. 

The  PRESIDENT.  The  Chair  will  state  that  the  debate  upon  this  ques- 
tion is  closed.  The  question  will  be  (either  now  or  when  the  Convention 
shall  reassemble  after  the  recess,  according  to  what  may  be  the  action  of 
the  Convention  on  the  motion  for  a  recess)  upon  the  adoption  of  the  sub- 
stitute. 

Mr.  KYLE.  I  hope  the  vote  will  be  taken  now. 

Mr.  BEASLEY.  I  urge  a  recess.    We  are  not  prepared  to  vote  now. 
Mr.  McCLUEE.  Would  an  amendment  to  the  motion  to  take  a  recess, 
be  in  order? 

The  PRESIDEl^T.  An  amendment  changing  the  hour  to  which  the 
recess  shall  be  taken,  would  be  in  order. 

Mr.  McCLURE.  I  would  desire  that  the  members  of  the  committees 
should  be  excused  from  attendance. 

Mr.  HODGES,  of  Pulaski.  There  are  decided  objections  to  meeting  in 
the  afternoon. 

The  PRESIDENT.  The  Chair  presumes  there  would  be  serious  objec- 
tions to  excusing  the  committees,  as  we  should  hardly  have  a  quorum. 

Mr.  BEASLEY  withdrew  the  motion  for  a  recess. 
■  Mr.  HODGES,  of  Pulaski.  I  wish  to  make  an  explanation.   It  has  been 
stated  that  no  limit  is  fixed  by  this  substitute.    I  read  from  the  substitute, 
to  show  that  there  is  a  limit. 

^^Eesolved:  That  when  the  Convention  finally  adjourns,  it  shall  be  at  the  call 
of  the  President,  whose  duty  it  shall  be  to  convoke  the  Convention  in  case  the 
Constitution  should  not  be  ratified^  for  the  purpose  of  taking  such  steps  as  may  be 
necessary,''  etc. 

Mr.  GREY,  of  Phillips.  I  do  not  wish  to  take  the  time  of  the  Conven- 
tion ;  but  I  would  ask  leave  simply  to  read  a  few  extracts,  to  show  why  I 
made  the  remark  which  has  been  referred  to. 

The  PRESIDENT.  The  gentleman  can  make  any  explanation ;  but,  the 
(  416  ) 


Jan.  30th.]  AEKA^^SAS  COlSrSTITUTIOI^AL  CONYENTION^.  [19th  Day. 


Final  Adjournment. — GREY. 


debate  having,  under  the  rules,  been  closed,  it  is  out  of  order  to  debate 

the  question  before  the  Convention. 

Mr.  CYPERT  [m  his  seat.']    Out  of  order.    [Cries  of  "  Leave."] 

The  PRESIDENT.  It  was  distinctly  understood  that  the  gentleman 

[Mr.  Grey]  confines  himself  to  an  explanation. 

Mr.  GREY,  of  Phillips.  I  wish  to  read  on  but  one  point.    I  quote  from 

the  decision  of  Chief  Justice  Taney,  in  the  Dred  Scott  case  : 

"  It  is  difficult  at  this  day  to  realize  the  state  of  public  opinion  in  relation 
to  that  unfortunate  race,  which  prevailed  in  the  civihzed  and  enlightened  por- 
tions of  the  world  at  the  time  of  the  Declaration  of  Independence,  and  when 
the  Constitution  of  the  United  States  was  framed  and  adopted.  But  the  public 
history  of  every  European  nation  displays  it,  in  a  manner  too  plain  to  be  mis- 
taken. 

"  They  had,  for  more  than  a  century  before,  been  regarded  as  beings  of  an 
inferior  order,  and  altogether  unfit  to  associate  with  the  white  race,  either  in 
social  or  political  relations;  and  so  far  inferior  that  they  had  no  rights  the  white 
man  was  hound  to  respect.'' 

I^ow,  sir,  in  connection  with  that,  I  read  from  an  opinion  delivered  in 
the  same  case,  by  Justice  Curtis ;  and  I  submit  that  both  gentlemen  were 
intelligent,  both  wise,  botb  should  have  understood  the  history  of  their 
country. 

"  To  determine  whether  any  free  persons,  descended  from  Africans  held  in 
slavery,  were  citizens  of  the  United  States  under  the  Confederation,  and  con- 
sequently at  the  time  of  the  adoption  of  the  Constitution  of  the  United  States, 
it  is  only  necessary  to  know  whether  such  persons  were  citizens  of  either  of 
the  States  under  the  Confederation,  at  the  time  of  the  adoption  of  the  Consti- 
tution. 

"Of  this,  there  can  be  no  doubt.  At  the  time  of  the  ratification  of  the 
Articles  of  Confederation,  all  free  native-born  inhabitants  of  the  States  of  New 
Hampshire,  Massachusetts,  New  York,  New  Jersey,  and  North  Carolina,  though 
descended  from  African  slaves,  were  not  only  citizens  of  those  States,  but  such 
of  them  as  had  the  other  necessary  qualifications  possessed  the  franchise  of 
electors,  on  equal  terms  with  other  citizens." 

It  will  be  remembered  that  in  the  decision  of  Judge  Taney  he  denied 
the  Constitutionality  of  the  Act  of  Congress,  the  power  and  authority 
of  Congress  over  the  Territories.  A  gentleman  then  sitting  upon  the 
bench.  Justice  Catron,  wbo  was  disposed  to  agree  with  the  Chief  Justice, 
as  far  as  his  decision  went  regarding  the  case  before  the  court,  was  forced 
to  enter  his  protest  against  the  idea  that  negroes  were  not  citizens  of  the 
United  States,  and,  therefore,  could  be  prohibited  by  Congress  from  en- 
tering the  Territories  of  the  United  States.    Justice  Catron  says  ; 

27  (  417  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Final  Adjournment.— GENEEAL  DEBATE. 


"  It  is  due  to  myself  to  say,  that  it  is  asking  much  of  a  judge,  who  has  for 
nearly  twenty  years  been  exercising  jurisdiction  from  the  western  Missouri 
line  to  the  Eocky  Mountains,  and,  on  this  understanding  of  the  Constitution, 
inflicting  the  extreme  penalty  of  death  for  crimes  committed  where  the  direct 
legislation  of  Congress  was  the  only  rule,  to  agree  that  he  had  all  the  while 
been  acting  in  mistake,  and  as  an  usurper." 

And  he  might  have  added,  that  that  decision  made  a  Judge  of  the  Su- 
preme Court  of  the  United  States  an  illegal  homicide,  a  murderer. 

The  question  was  taken  upon  the  adoption  of  the  substitute ;  and  it  was 
decided  in  the  aflirmative,  Yeas  41,  Nays  18,  as  follows : 

Yeas:  Messrs.  Belden,  Bell,  Brashear,  Coates,  Dale,  Evans,  Exon,  Gray  of 
Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges  of  Pu- 
laski, Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Merrick, 
Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Priddy,  Eawlings, 
Eector,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  White,  Williams, 
Wyatt,  and  the  President — 41. 

Nays:  Messrs.  Beasley, Bradley, Duvall,  Hicks,  Hoge,  Kyle, Matthews,  Moore, 
Norman,  Oliver,  Portis,  Puntney,Eeynolds,  Shoppach,  Yan  Hook,  Walker,  Wil- 
son, and  Wright — 18. 

So  the  substitute  was  adopted. 

Pending  the  call  of  the  roll  : 

Mr.  KYLE  (when  his  name  was  called)  said  :  I  vote  No,  upon  this  ques- 
tion. I  wish  to  state,  however,  that,  when  the  proper  time  shall  come,  if 
I  shall  think  there  is  any  exigency  that  may  require  the  reassembling  of 
the  Convention,  I  shall  feel  that  I  have  the  privilege  of  voting  in  favor  of 
such  action. 

Mr.  BEOOKS.  I  would  desire  to  know  whether  the  honorable  gentle- 
man from  Dallas  desires  that  explanation  recorded  with  the  vote. 
Mr.  KYLE.  No ;  I  want  my  vote  understood,  however. 

The  vote  was  then  announced,  as  above. 

Mr.  BEOOKS.  I  move  to  reconsider  the  vote,  and  to  lay  the  motion  to 
reconsider,  upon  the  table. 

Mr.  HINKLE.  I  move  that  we  adjourn. 

Mr.  BEOOKS.  I  submit  that  a  motion  to  adjourn  is  not  in  order  when 
a  motion  is  pending. 

Mr.  HODG-ES.  I  move  a  call  of  the  house. 

The  PEESIDENT.  The  Sergeant  at  Arms  will  secure  the  doors,  and 
see  that  no  member  passes  out. 

Mr.  EEYNOLDS  [in  his  seat.']  The  call  of  the  house  has  not  been 
ordered,  yet.  ,  . 

(  418  ) 


Jan.  30th.]  AEKA^TgAS  CONSTITUTIOIS'AL  CO^s^YENTIO^s^.  [19th  Day. 


Final  Adjournment.— GENERAL  DEBATE. 


The  PEESIDE:N"T.  The  roll  will  be  called. 

The  SECRETAEY  commenced  the  call  of  the  roll.  When  two  names 
had  been  called : 

Mr.  BEASLEY,  rising  by  consent,  said  :  I  think  we  had  better  ad- 
journ. I  cannot  vote  for  a  measure  that  I  think  is  wrong ;  and  I  will  not 
do  it. 

The  PRESIDEI^T.  Gentlemen  in  favor  of  the  motion  will  say  Aye.— 
Mr.  HECKLE.  I  withdraw  my  motion  to  adjouru. 
Mr.  REYJS^OLDS.  I  renew  the  motion. 

The  PRESIDEXT.  The  Chair  is  stating  the  question  before  the  Con- 
vention. The  question  is  on  the  motion  of  the  gentleman  from  Phillips 
[Mr.  Brooks.] 

Mr.  REYNOLDS.  Does  the  Chair  decide  that  the  motion  to  adjourn  is 
not  in  order  ? 

The  PRESIDEISTT.  The  roll  is  being  called  :  during  the  calling  of  the 
roll,  no  motion  can  be  entertained. 

Mr.  REY^N'OLDS.  I  rise  to  a  point  of  order.  A  motion  to  adjourn  is 
in  order  at  any  time.  If  the  decision  of  the  Chair  is  otherwise,  I  appeal 
from  the  decision. 

The  PRESIDEIn'T.  The  gentleman  is  correct  in  his  position.  The 
question  before  the  Convention  will  be  upon  the  motion  to  adjourn. 

Mr.  REY^^OLDS.  Upon  that  motion,  I  call  for  the  yeas  and  nays. 

Mr.  McCLURE.  I  rise  to  a  point  of  order  :  that  during  the  call  of  the 
house  a  motion  to  adjourn  is  not  in  order. 

The  PRESIDENT.  The  point  is  not  well  taken. 

The  yeas  and  nays  are  called  for.    Let  the  call  of  the  roll  proceed. 

The  SECRETARY  proceeded  to  call  the  roll  on  the  motion  to  adjourn; 
and  the  question  was  decided  in  the  negative, — Yeas  20,  i^^'ays  41,  as  fol- 
lows : 

Yeas  :  Messrs.  Beasley,  Bradley,  Corhell,  Cypert,  Hicks,  Hoge,  Houghton, 
Matthews,  Moore,  ^N'orman,  Owen,  Portis,  Puntney,  Eawlings,  Reynolds,  Shop- 
pach,  Yan  Hook,  AYalker,  Wilson,  and  Wright — 20. 

I^AYs:  Messrs.  Belden,  Beh,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges 
of  Pulaski,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Merrick, 
Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Priddy,  Rector,  Sams, 
Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  White,  Williams,  Wyatt,  and  the 
President — 41. 

So  the  Convention  refused  to  adjourn. 

Mr.  HODGES,  of  Pulaski,  withdrew  his  motion  for  a  call  of  the  house„ 
Mr.  CY^PERT.  I  move  that  the  Convention  take  a  recess  until  three 
o'clock  this  afternoon ;  and  on  that  motion  I  ask  for  the  yeas  and  nays. 

(  419  ) 


1868.] 


DEBATES  AND  PEOCEEDIlSrGS  OF  THE  [Thursday, 


Final  Adjournment.— GENEKAL  DEBATE. 


Mr.  BROOKS.  I  wish  to  say,  that  we  can  go  hungry  just  as  long  as  any 
men  in  this  naarket.  / 

The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  it  was  decided  in  the  negative, — Yeas  15, 
ITays  46,  as  follows : 

Yeas  :  Messrs.  Beasley,  Bradley,  Corbell,  Cypert,  Hoge,  Matthews,  Moore, 
Norman,  Owen,  Puntney,  Eeynolds,  Shoppach,  Walker,  Wilson,  and  Wright 
—15. 

Nays  :  Messrs.  Belden,  Bell,'  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gray  of  Jelferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle, 
Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory, 
Mason,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  OKver^ 
Portis,  Priddy,  Rawlings,  Eector,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith, 
Snyder,  Yan  Hook,  White,  Williams,  Wyatt,  and  the  President — -46. 

So  the  Convention  refused  to  take  a  recess  till  three  o'clock,  p.m. 

Mr.  HODGES,  of  Pnlaski,  moved  that  farther  proceedings  under  the 
call  of  the  house  be  dispensed  with. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

Mr.  MOORE.  I  move  that  the  Convention  take  a  recess  till  seven 
o'clock ;  and  on  that  motion  I  ask  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  w^as  taken;  and  it  was  decided  in  the  negative, — Yeas  11, 
Nays  50,  as  follows:  ... 

Yeas  :  Messrs.  Bradley,  Corbell,  Cypert,  Hoge,  Matthews,  Moore,  Norman, 
Owen,  Eeynolds,  Shoppach,  and  Walker — 11. 

Nays  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans, 
Exon,  Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hicks,  Hinds, 
Hinkle,  Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley^ 
Mallory,  Mason,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McClure, 
Oliver,  Portis,  Priddy,  Puntney,  Eawlings,  Eector,  Sams,  Samuels,  Sarber, 
Scott,  Sims,  Smith,  Snyder,  Yan  Hook,  Wllson,  White,  WiUiams,  Wright, 
Wyatt,  and  the  President — 50. 

So  the  Convention  refused  to  take  a  recess  to  seven  o'clock. 

Mr.  HODGrES,  of  Pulaski,  moved  the  previous  question. 

Mr.  REYNOLDS  moved  that  the  Convention  adjourn  to  ten  o'clock  of 
the  next  morning. 

Mr.  SARBER  moved  that  the  motion  to  adjourn  lie  upon  the  table. 

The  PRESIDENT.  It  is  a  question,  with  the  Chair,  whether  a  call  for 
the  previous  question  does  not  cut  off' the  right  to  move  an  adjournment. 
(  420  ) 


Jan.  30tli.]  AEKAlSrSAS  CONSTITUTIONAL  CONTENTION.  [19th  Day, 


Final  Adjournment.— GEJ^EKAL  DEBATE. 


Mr.  REYNOLDS.  If  the  Chair  overrules  the  former  decision  of  the 
Chair,  I  appeal  from  the  decision.  Upon  the  question  of  appeal,  I  ask 
the  yeas  and  nays. 

The  PRESIDENT.  The  Chair  places  the  decision  principally  upon  the 
ground  that  there  seems  to  be  some  captiousness  displaj^ed  by  some  gen- 
tlemen, in  the  matter ;  and  there  seems  to  be  some  levity. 

Mr.  CYPERT.  I  will  state,  in  answer  to  the  remarks  of  the  Chair,  that 
ten  o'clock  is  the  usual  hour  of  adjournment;  and,  however  captious  

The  PRESIDENT.  The  yeas  and  nays  wiW  be  called.  The  question 
is, — Shall  the  decision  of  the  Chair  be  sustained? 

The  question  was  taken,  and  it  was  decided  in  the  affirmative, — Yeas  47, 
Nays  12,  as  follows  : 

Yeas:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle, 
Hodges  of  Pulaski,  Houghton,  Hutchinsoo,  Johnson,  Kyle,  Laugley,  Mallory, 
Mason,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver, 
Portis,  Priddy,  Puntney,  Rawlings,  Rector,  Samuels,  Sams,  Sarber,  Scott,  Sims, 
Smith,  Snyder,  Yan  Hook,  Wilson,  White,  Williams,  and  Wyatt — 47. 

Nays  :  Messrs.  Beasley,  Bradley,  Corbell,  Cypert,  Hoge,  Moore,  Norman, 
Owen,  Rejmolds,  Shoppach,  Walker,  and  Wright — 12. 

So  the  decision  of  the  Chair  was  sustained: 
Pending  the  call  of  the  roll : 

Mr.  BROOKS  said:  I  understand  the  decision  of  the  Chair  to  be  upon 
this  case :  the  previous  question  having  be^n  moved  and  seconded,  and 
being  put  to  the  Convention,  a  member  rises,  during  the  putting  of  the 
question,  and  offers  a  motion  to  adjourn. 
^  The  PRESIDENT.  That  is  the  state  of  the  question. 

Mr.  BROOKS.  I  hold  that  an  honorable  member  must  secure  the  floor 
in  a  regular  way,  before  he  can  make  a  motion  to  adjourn. 

The  PRESIDENT.  Let  the  call  of  the  roll  proceed. 

Mr.  CYPERT.  When  the  President  allows  of  one  explanation  

The  PRESIDENT.  The  gentleman's  remarks  are  out  of  order. 

Mr.  HICKS  (when  his  name  was  called)  said  :  I  do  not  care  how  quickly 
the  Convention  puts  itself  on  record  on  this  question  

The  PRESIDENT.  The  gentleman  will  come  to  order. 

Mr.  MATTHEWS  (when  his  name  was  called)  said  :  I  ask  to  be  excused 
from  voting.    I  have  not  a  copy  of  the  Rules,  to  which  to  refer. 

No  objection  being  made, 

Mr.  MATTHEWS  was  excused  from  voting.* 


*  The  Eeporter  understood  objection  to  be  made,  and  Mr.  Matthews  thereupon  to  vote 
Ko,    The  record  of  the  vote  is,  as  in  all  cases,  taken  from  the  Journal. 

.  (  421  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Final  Adjournment.— GENERAL  DEBATE. 


Mr.  SAEBER.  As  I  am  equally  desirous  with  the  gentleman  from 
Prairie  [Mr.  Hicks]  of  putting  myself  upon  the  record,  I  vote  Aye. 
The  vote  was  then  announced,  as  above. 

The  question  was  then  taken, — Shall  the  main  question  be  now  put;  and 
the  Convention  ordered  the  main  question  to  be  put. 

The  question  recurring  upon  the  motion  to  reconsider  the  vote  by  which 
the  Convention  adopted  the  substitute  offered  by  Mr.  Hodges,  of  Pulaski, 
and  to  lay  upon  the  table  the  motion  to  reconsider,  and 

The  PRESIDENT  announcing  the  question, 

Mr.  MATTHEWS  asked:  Is  a  motion  to  amend  in  order? 

The  PRESIDEISTT.  ISTot  while  the  vote  is  being  taken. 

Mr.  MOORE.  I  wisk  to  ask,  what  is  the  object  of  this  motion  ?  Is  it  to 
rivet  the  matter,  and  preclude  us  from  considering  it  on  another  day  ? 

Mr.  BROOKS.  I  will  very  cheerfully  answer  the  gentleman's  question. 

The  PRESIDEISTT.  The  Chair  will  not  submit  to  these  interruptions 
any  longer.  The  Chair  desires  it  to  be  distinctly  understood  that  when 
the  Chair  is  putting  the  question,  he  wishes  gentlemen  to  keep  their  seats. 

The  question  was  then  taken ;  and  the  motion  was  agreed  to. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Convention  adjourn  to  ten 
o'clock,  A.  M.,  of  the  morrow. 

The  question  was  taken ;  and  the  motion  was  agreed  to ; 

And  thereupon,  at  1,  p.m.^  the  Convention  adjourned  to  10,  a.m.,  of 
Friday,  January  31st. 


TWENTIETH  DAY. 

Friday,  January  31sj^,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called ;  and  the  following  members  answered  to  their  names : 

Messrs.  Beasley,  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  Corbell, 
Cypert,  Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips^ 
Harrison,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Holhs,  Hodges  of  Pulaski, 
Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Mat- 
thews, Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McCluro, 
(  422  ) 


Jan.  31st.]  AEKAXSAS  COXSTITUTIOXAL  COXT£XTIO:s\  [20th  Day. 


Final  Adjournment.— HODGES  of  Pulaski— HICKS— B:&O0KS—McCLUEE. 


Moore,  Xormaii.  Oliver.  Owen,  Poole,  Portis,Priddy,  Puntney,  Pvawlings,  Eector, 
Eeynolds,  Eonnsaville.  Sams,  Samuels,  Sarber,  Scott.  Shoppaeh.  Smith,  Snyder, 
Sims,  Yan  Hook,  ATalker,  Wilson,  AVhite.  Williams,  Wright,  Wyatt.  and  the 
President. 

Absent  by  Leave:  ^Ir.  Hodges  of  Crittenden. 

A  quorum  of  the  members  of  the  Convention*having  answered  to  their 
names  : 

FIXAL  ADJOURXMEXT — AGAIX. 

The  Journal  of  the  preceding  day  was  read. 

Mr.  HODGES,  of  Pulaski.  I  suppose  there  could  be  no  objection  to  the 
insertion  of  the  word  "  finally,''  in  the  Journal,  in  the  substitute  ofiered 
by  myself,  on  yesterday.  H  there  is  no  objection,  I  would  like  to  have 
the  resolution  so  altered. 

Mr.  HICKS.  I  object. 

Mr.  BEOOKS.  I  suppose  it  is  a  mere  clerical  error,  which,  in  the  pro- 
ceedings of  any  deliberative  body,  may  be  corrected.  I  think  that  is  well 
established. 

Mr.  CITPEET.  I  think  it  is  clearly  understood,  as  a  general  thing,  what 
was  meant.  I  clearly  understood  it ;  and  I  suppose  gentlemen  all  did.  T 
am  willing  that  the  amendment  should  be  made:  and  suppose  the  point 
is  raised  only  for  a  little  amusement.  i 

Mr.  HICKS  said  that  the  gentleman  from  Philhps  [Mr.  Brooks]  had 
moved  a  reconsideration  of  the  vote  by  which  the  resolution  was  adopted, 
and,  in  the  same  breath,  moved  to  lay  upon  the  table  the  motion  to  re- 
consider. This  was  done  for  the  express  purpose  of  clinching  the  matter, 
and  putting  it  out  of  the  power  of  the  Convention,  to  modify  its  action. 
He  had  so  voted,  with  the  majority:  and  he  did  not  suppose  himself  any 
more  astute  than  any  other  gentleman.  Let  the  Convention  abide  by  its 
action. 

The  PEESIDEXT.  The  Convention  seems  to  understand  the  matter. 
The  members  are  all  here  this  mornino^. 

Mr.  HICKS.  I  do  not  object  to  correcting  the  minutes;  but  I  object  to 
the  correction  of  a  resolution  passed  by  the  Convention — to  a  change  of 
phraseology,  after  the  resolution  becomes  the  law. 

The  PEESLDEXT.  The  Chair  understands  the  gentleman  to  object. 
The  question  will  be,  whether  the  Convention  will  allow  the  correction  of 
the  minutes. 

Mr.  McCLUEE.  If  there  was  a  clerical  error,  it  can  be  easily  corrected. 
I  agree  with  the  gentleman  from  Prairie  [Mr.  Hicks],  that  if  the  word  was 
left  out  intentionally,  or  otherwise  than  by  evident  inadvertence,  the  alter- 
ation cannot  be  made. 

(  423  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Memorial  to  Congress,  for  Eebuilding  of  Levees. 


But  the  simple  subsequent  action  of  the  Convention,  in  adjourning  to 
ten  o'clock  this  morning,  is  all  that  is  necessary;  and  if  from  this  time 
on,  the  Convention  shall  adjourn  to  a  specific  hour,  there  is  no  correction  of 
the  Journal  necessary.  "When  the  Convention  adjourns  subject  to  the  call 
of  the  President,  it  will  say  nothing  about  the  time.  It  adjourns  to  ten 
o'clock;  and  when  we  c^o  not  adjourn  to  ten  o'clock,  we  adjourn  subject 
to  the  call  of  the  President. 

The  question  was  taken ;  and,  upon  division,  the  motion  was  agreed  to. 
So  the  Convention  allowed  the  minutes  to  be  so  corrected  that  the  (sub- 
stitute) resolution,  adopted  by  the  Convention,  read  as  follows: 

Resolved':  That  when  the  Convention  finally  adjourns  it  shall  be  at  the  call 
of  the  President,  whose  duty  it  shall  be  to  convoke  the  Convention  in  case  the 
Constitution  shall  not  be  ratified,  for  the  purpose  of  taking  such  steps  as  may 
be  necessary,  for  the  formation  of  civil  government  for  the  State  of  Arkansas. 
He  shall  also,  in  that  case,  call  upon  the  proper  officer  of  the  State  to  cause 
elections  to  be  held,  to  fill  any  vacancies  that  may  exist  in  the  Convention. 

REBUILDING  OF  LEVEES — AGAIN. 

'^o  petitions  being  presented,  and 

Reports  of  Standing  Committees  being  in  order : 

Mr.  ITI^^DS,  from  the  Committee  on  Memorials  and  Ordinances,  re- 
ported the  following 

\ 

MEMOKIAL  TO  CONGEESS,  FOE  THE  EEBUILDING  OP  LEVEES  ON  THE 
MISSISSIPPI  AND  AEKANSAS  EIVEES. 

To  the  Honorable  the  Senate  and  House  of  Representatives  in  Congress  assembled: 

Your  memorialists,  the  Constitutional  Convention  of  the  State  of  Arkansas, 
respectfully  represent  that  the  Mississippi  and  Arkansas  Eivers,  during  the 
season,  inundate  the  lands  along  their  course,  rendering  a  vast  extent  of 
country  almost  entirely  useless  and  valueless  for  purposes  of  agriculture,  but 
which,  otherwise,  would  be  as  productive  as  an}^  lands  in  the  world. 

That  by  the  appropriation  and  proper  outlay  of  three  million  nine  hundred 
thousand  dollars,  the  levees  along  the  Mississippi  and  Arkansas  Elvers,  in  the 
States  of  Arkansas,  Mississippi,  and  Louisiana,  could  be  rebuilt ;  thus  effectu- 
ally preventing  inundation,  and  rendering  valuable  and  susceptible  of  cultiva- 
tion the  entire  region  lying  along  the  same. 

The  cotton  crop  of  1860,  grown  in  that  portion  of  the  alluvial  region  above 
the  mouth  of  Eed  Eiver,  and  where  it  is  proposed  to  make  the  repairs,  exceeded 
six  hundred  thousand  bales,  which,  at  the  present  average  price,  would  pro- 
duce thirty  million  dollars. 

The  sugar  crop  of  1860,  grown  in  that  portion  of  the  alluvial  region  below 
the  mouth  of  the  Eed  Eiver,  and  where  it  is  proposed  to  make  the  repairs, 
(  424  ) 


Jan.  31st.]  AEKAXSAS  COXSTITUTIOXAL  COIS^YEXTIOZS' .  [20th  Day. 


Rebuilding  of  Levees.— SNYDEE—CYPEET. 


amounted  to  two  hundred  and  forty  thousand  hogsheads,  with  the  addition  of 
three  hundred  and  seventeen  thousand  barrels  of  molasses,  which,  at  present 
prices,  would  produce  fifty  million  dollars.  A  tax  of  twenty-five  cents  per  acre 
on  the  lands  to  be  benefited  by  the  proposed  levees,  w^ould,  it  is  estimated,  pay 
the  incurred  expense,  and  the  future  value  of  the  property  be  quadrupled. 

The  tax  could;  to  render  it  secure,  be  declared  a  preferred  lien  on  all  prop- 
erty on  which  it  might  be  levied. 

Your  memorialists  would  further  represent  that  thousands  of  laborers  are 
now  needing  employment,  and  that  their  labor  could  be  used  in  this  work  with 
great  advantage  to  the  country;  though  nothing  but  I^ational  co-operation  could 
accomplish  it. 

Your  memorialists  therefore  ask  that  an  appropriation  of  three  million  nine 
hundred  thousand  dollars  may  be  made  for  the  rebuilding  of  the  levees  in  the 
States  of  Arkansas,  Mississippi,  and  Louisiana. 

James  Hinds, 

Chairman. 

Mr.  SNYDER  moved  that  the  Memorial  be  adopted. 

Mr.  CYPERT.  I  am  willing  to  ask  Congress  to  do  anything  that  is 
within  their  legitimate  sphere.  As  an  individual,  or  as  a  member  of  a 
public  body  of  any  kind,  I  would  willingly  petition  Congress  to  do  any 
act  that  would  be  for  the  good  of  the  country, — with  the  proviso  that  I 
have  made.  But,  sir,  to  ask  Congress  to  specifically  create  a  lien  upon 
the  property  of  individuals,  for  the  purpose  of  carrying  out  a  National 
measure,  it  occurs  to  me  would  be  asking  a  stretch  of  their  power. 
This  Memorial  asks  Congress  to  levy  a  tax,  specifically,  of  twenty-five 
cents  per  acre,  regardless  of  the  ownership  of  the  land ;  thereby  making 
the  tax,  therein  specifically  laid,  a  specific  lien  to  reimburse  the  Govern- 
ment for  the  money  laid  out.  I  presume  there  is  no  lawyer  that  w^ould 
contend,  for  one  moment,  that  any  legislation  can  mortgage  my  lands  for 
any  particular  fund.  It  is  true  that  the  Government  would  have  a  right, 
under  the  Constitution,  to  levy  a  direct  tax,  and  apportion  it  among  the 
States,  upon  lands.  But  I  am  of  opinion  that  even  in  that  case  they 
have  no  right  -to  specifically  lay  it  upon  the  acre,  but  must  levy  a  direct 
tax,  and  apportion  it  among  the  States,  who  may  collect  it  in  any  way 
they  may  see  fit.  That  Congress  could  levy  a  direct  tax  upon  any  par- 
ticular locality,  for  the  purpose  of  carrying  out  a  National  project,  for  the 
improvement  of  a  National  thoroughfare,  or  the  benefit  of  a  particular 
locality,  I  submit,  is  beyond  their  power.  If  this  can  be  done,  no  property 
is  safe  from  being  mortgaged.  And  it  seems  to  me  the  most  remarkable 
proposition  I  have  ever  heard,  to  ask  a  legislative  body  to  mortgage  pri- 
vate property !  It  proposes  to  force  all  individuals  within  certain  bounds 
to  have  their  property  mortgaged,  and  to  submit  to  the  lien  whether  they 
are  willing  or  not.   It  is  an  absolute  absurdity.    Such  a  thing  is  unknown 

(  425  ) 


1868.] 


DEBATES  A'ND  PEOCEEDmGS  OF  THE 


[Friday, 


Kebuilding  of  Levees.— CTPEET— HINDS. 


to  the  history  of  the  country, — such  a  thing  is  unknown  to  law, — that  a 
man  can  be  forced  to  mortgage  his  lands,  without  his  own  consent. 

Mr.  HINDS.  The  gentleman  is  mistaken  in  his  assumption  as  to  what  is 
embraced  in  the  Report,  It  is  only  put  forth,  in  the  Report,  as  a  suggestion, 
that  if  a  tax  of  twenty-five  cents  per  acre  were  to  be  levied  upon  the 
lands,  it  would  defray  the  cost  to  the  Government — that  that  amount  of 
tax  upon  the  lands  benefited,  would  repay  the  Government  for  the  ad- 
vances made. 

This  matter  has  been  under  advisement.  The  question  has  been  sub- 
mitted to  Congress  heretofore.  The  Government  has  sent  out  an  en- 
gineer. Gen.  Humphrey,  who  has  made  a  report  upon  the  subject.  This 
Memorial  is  substantially  based  upon  the  Report  of  the  Engineer;  and  if 
some  action  can  be  taken,  showing  the  necessity  of  co-operation  on  the 
part  of  the  General  Government,  in  this  work,  we  may  perhaps  accom- 
plish the  desired  object,  the  rebuilding  of  the  levees.  There  is  certainly 
great  necessity  for  it;  and  in  the  condition  in  which  the  country  at  present 
is,  it  will  be  impossible  for  individual  effort  to  accomplish  this  great  work, 
which  is,  really,  a  is'ational  one.  If  one  State  takes  hold  of  the  matter, 
w^ithout  the  concurrence  of  other  States,  the  result  would  not  be  as  valu- 
able as  if  it  were  the  work  of  the  Government,  and  concurred  in  by  the 
different  States.  So  far  as  the  repayment  of  this  amount  to  the  General 
Government,  by  the  States,  is  concerned,  it  may  be  proper  and  just  that 
it  should  be  effected  as  suggested  by  the  gentleman  from  White  [Mr. 
Cypert];  and  there  will  be  no  objections.  The  statement  of  the  Report, 
that  a  tax  of  that  amount,  levied  upon  the  lands  benefited,  would  repay 
the  General  Government,  does  not  in  any  way  indicate  that  that  is  the 
course  to  be  pursued.  It  does  not  even  recommend  that.  There  is  no 
doubt  that  the  statement  is  correct.  For  the  rebuilding  of  the  levees  in 
these  three  different  States,  it  is  very  clear  that  the  amount  of  tax  spoken 
of,  upon  the  lands  to  be  benefited,  would  be  sufficient  to  repay  the  sum 
asked  for. 

Mr.  CYPERT.  I  wish  to  call  the  gentleman's  attention  to  the  section 
I  have  referred  to. 

"  A  tax  of  twenty-five  cents  per  acre  on  the  lands  to  be  benefited  by  the 
proposed  levees,  would,  it  is  estimated,  pay  the  incurred  expense,  and  the 
future  value  of  the  property  be  quadrupled. 

"  The  tax  could,  to  render  it  secure,  be  declared  a  preferred  lien  on  all  prop- 
erty on  which  it  might  be  levied." 

That  is  the  very  point.  It  suggests  our  view  that  that  course  should 
be  taken.    I  would  not  like  to  suggest  a  thing  that  would  be  illegal. 

Mr.  HINDS.  There  is  no  question  that  this  proposition  appeals  to  the 
justice  and  sense  of  right  of  every  party.  The  partj^  is  to  be  benefited, 
(  426  ) 


Jan.  31st.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [20th  Day. 


Continuance  of  Freedmen's  Bureau. 


the  holders  of  the  lands  to  be  benefited  are  the  ones  that  should  pay 
the  expense.  If  they  are  benefited  to  the  amount  of  four  times  the  sum 
appropriated  by  the  General  Goyernment,  they  can  well  afiord  to  pay  one- 
fourth  the  amount  of  their  gain,  and  haye  it  declared  a  preferred  lien  upon 
the  lands  :  and  I  cannot  see  ydiy  gentlemen  should  object  to  it. 

Mr.  CA^PERT.  The  gentleman  does  not  seem,  yet,  to  apprehend  my 
yiew  of  tlie  matter.  I  admit  that  if  the  indiyiduals  owning  this  property 
would  consent  to  a  contract  of  that  kind,  and  create  their  indiyidual  liens, 
they  could  borrow  the  money  from  the  United  States,  and  mortgage  their 
lands  so  as  to  make  a  specific  lien.  But  we  are  suggesting  to  Congress 
this  plan,  w«kich  cannot  be  efi'ected  without  the  consent  of  the  owners.  If 
the  Eeport  suggested  that  a  company  be  formed  for  the  purpose  proposed, 
and  that  each  indiyidual  owning  land  to  be  benefited,  might  contract  to 
pay  twenty-fiye  per  cent,  on  the  improyed  yalue  of  his  lands,  that  would 
be  well  enough  ;  but  I  continue  to  insist  that  there  must  be  consent  upon 
the  part  of  the  owner  of  the  land,  before  a  specific  lien  can  be  created. 
The  Memorial  sua'S'ests  that  this  can  be  done:  I  suo^o^est  that  it  cannot  be 
done,  in  accordance  with  any  law  known  to  our  Goyernment. 

Mr.  MOE"TGOMERir  called  for  the  reading  of  the  Memorial. 

The  SECRETARA"  re-read  the  Memorial.  ^  . 

The  question  was  taken  upon  the  motion  for  the  adoption  of  the  Re- 
port; and,  a  diyision  being  called  for,  the  motion  was  agreed  to, — Ayes 
26,  Xoes  17. 

CONTIXUAXCE   OF  THE  FREEDMEX'S  BUREAU — AGAIN. 

Reports  of  select  committees  being  in  order, 

Mr.  SCOTT,  on  behalf  of  the  Committee,  presented  the  following 

PvEPOET  OF  C03I3IITTEE  TO  DRAFT  A  ME3I0PaAL  TO  COXGEESS,  FOR 
CO^'TIXUA^'CE  OF  THE  FEEED^IEX'S  BUEEAU. 

Your  Committee  appointed  to  draft  a  memorial  to  Congress  for  the  contiim- 
ance  of  the  Freedmen's  Bureau,  beg  leaye  to  report  the  followiDg  memorial 
and  resolution  : 

The  condition  of  the  Freedmen's  Bureau  of  the  State  was  neyer  before  more 
iosecure;  for  the  following  reasons,  to  wit  ; 

1st.  In  the  contest  for  the  right  of  the  ballot,  the  freedmen  haye  .incurred 
the  malignity  and  hatred  of  many  of  the  citizens  of  the  State,  who  are  using 
eyery  conceiyable  means  to  reduce  them  to  dependence  and  want,  thereby 
reducing  them  to  virtual  slavery. 

2d.  Freedmen  cannot  obtain  justice  in  the  Courts  of  many  sections  of  the 
State,  in  consequence  of  the  iDrejudice  incurred  against  them  in  their  attempts 
to  exercise  the  rights  of  citizens. 

(  42?  ) 


1868.] 


DEBATES  AND  PEOCEEDIJSTGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau.— KYLE— DUVALL— MONTGOMERY. 


Resolved,  therefore :  That  Congress  is  hereby  petitioned  to  continue  the 
Freedmen's  Bureau  until  reconstruction  is  accomplished. 

George  S.  Scott, 

Chairman  Committee. 

Mr,  KYLE.  I  have  but  one  objection  to  that  Report.  I  am  not  aware 
that  justice  has  been  withheld  from  the  freedmen,  in  any  portion  of  the 
State,  in  the  courts  of  justice.  I  have  heard  of  no  instance  of  the  kind,  in 
the  courts ;  and  hence  I  do  not  concur  in  that  portion  of  the  Report.  It 
may  be  true,  in  some  localities,  that  a  prejudice  has  been  excited  against 
the  freedmen,  on  account  of  their  exercising  the  elective  franchise.  I 
think  it  most  likely  that  is  the  case. 

"With  these  views,  I  move  to  strike  out  so  much  of  the  Report  as  declares 
that  justice  has  been  denied  to  freedmen,  in  the  courts. 

Mr.  DUVALL.  I  have  one  objection  to  that  Report.  It  states  that  the 
freedmen  have  incurred  malignity  and  hatred,  in  the  exercise  of  the  elec- 
tive franchise.  I  do  not  think  that  statement  correct.  The  opposition 
which  has  been  raised  to  their  exercise  of  the  franchise,  I  do  not  think  to 
be  malignity  and  hatred  to  the  blacks,  I  do  not  think  or  believe  there  is 
any  sensible  man,  any  thinking  man,  in  the  State  of  Arkansas,  that  pre- 
tends to  blame  the  colored  race  for  their  position  to-day.  I  do  not  charge 
them  with  it ;  and  I  repeat,  I  am  not  of  the  opinion  that  any  sensible  or 
thinking  man  does  so. 

Mr.  HODGES,  of  Pulaski.  I  call  for  the  yeas  and  nays,  on  the  motion 
to  strike  out. 

Mr.  BEASLEY.  I  am  with  the  gentleman  from  Dallas  [Mr.  Kyle],  on 
that  subject.  I  am  not  apprised  of  the  fact — and,  indeed,  I  can  contradict 
the  assertion — that  justice  before  the  law  has  ever  been  denied'the  freedmen, 
in  my  County.  At  the  same  time,  I  have  voted  in  favor  of  the  continuation 
of  the  Freedmen's  Bureau,  until  reconstruction  ;  and  I  believe  that  to  be  a 
good  measure.  I  believe  it  more  than  likel}^  that  the  freedmen  will  not, 
in  all  sections — even,  to  some  extent,  in  my  own  County, — without  some 
kind  of  protection,  be  able  to  exercise  freely  the  elective  franchise.  But 
that  justice  before  the  law,  in  the  way  of  obtaining  their  rights  in  matters 
of  contract,  and  so  on,  has  been  refused  them,  I  deny,  so  far  as  my  County 
is  concerned. 

Mr.  MO^sTTGOMERY.  I  am  here  as  one  who  can  personally  bear  wit- 
ness to  the  truth  of  the  statement  contained  in  the  Memorial.  I  am  one 
who  does  know  that  in  certain  portions  of  this  State,  justice  is  denied  to 
the  colored  man,  merely  because  he  has  voted  the  Radical  ticket.  I  hope 
that  the  motion  to  strike  out  that  statement,  will  not  prevail.  I  have 
known  cases  of  the  kind,  notwithstanding  they  may  be  isolated  cases. 
But  if  the  Freedmen's  Bureau  is  withdrawn  from  protecting  the  colored 
people  of  Arkansas,  these  cases  will  undoubtedly  be  multiplied.    Sir,  in 

.  (  428  ) 


Jan.  31st.]  AEKANSAS  COXSTITUTIO^^AL  CONVENTION.  [20th  Day, 


Continuance  of  Freedmen's  Bureau.— MONTGOMERY. 


my  County,  on  the  day  of  election,  a  colored  man  rode  a  mule,  in  which  he 
shared  an  equal  interest  with  a  white  farmer, — he  paying  half  the  rent  of 
a  farm,  and  half  the  hire  of  the  mule.  I  wrote  the  contract,  myself,  and 
know  the  facts.  The  man  rode  that  mule  to  the  election ;  and  while  he 
was  at  the  election,  they  waited  till  they  had  seen  him  vote  the  Radical 
ticket,  and  then  went  before  a  J ustice  of  the  Peace  and  swore  out  a  war- 
rant for  the  sale  of  that  mule.  His  friends  came  to  me.  I  made  a  report 
to  the  Freedmen's  Bureau.  The  man  who  swore  out  the  warrant,  and  the 
Justice  of  the  Peace  who  issued  the  warrant,  were  both  arrested,  as  they 
should  have  been.  And,  to-day,  that  Justice  no  longer  holds  oflice.  Such 
cases  as  these  are  frequent  in  the  State  of  Arkansas ;  and  if  the  gentleman 
[Mr.  Cypert]  desires  individual  instances,  I  can  give  him  half  a  dozen 
more  of  the  same  kind. 

I  am  here  as  an  ex-Negro  Agent,"  and  here  for  the  purpose  of  stating 
facts  that  I  know%  for  the  purpose  of  advocating  the  principles  of  the 
Republican  Party,  and  to  ask  the  protection  of  the  Congress  of  the  United 
States  for  men  whom  I  represent  in  this  Convention.  And  I  know  it  to 
be  the  fact  that  in  south-western  Arkansas,  not  only  the  colored  men,  but 
the  Union  men,  of  the  County,  are,  on  account  of  their  principles,  denied 
justice  in  the  courts.  Here  is  an  individual  instance.  When  I  was  mob- 
bed on  the  streets  of  Washington, — when  I  had  pistols  presented  at  me, — 
and  after  that  time  carried  my  revolver  for  the  purpose  of  self-protection, — 
at  the  next  term  of  the  court  I  was  the  only  man  in  Hempstead  County, 
where,  at  the  same  time,  a  hundred  and  fifty  men,  carrying  concealed 
weapons,  were  in  the  court-house — I  was  the  only  man  indicted,  and 
brought  before  a  Rebel  court,  for  carrying  concealed  weapons.  This  is 
prejudice;  it  is  injustice;  and  I  am  here,  for  one,  to  try  to  place  the  power 
of  the  country,  and  the  power  of  the  courts,  in  the  hands  of  loyal  Union 
men. 

I  hope  nothing  will  be  strickien  out  of  that  Report.  It  is  not  expressed 
as  strongly  as  I  would  like  to  see  it.  I  care  not  what  they  call  me.  I 
know  w^hat  justice  is.  I  have  had  practice  in  the  civil  courts  of  the 
country,  in  four  of  these  United  States,  since  1854;  and  I  have  a  right  to 
know  in  what  justice  consists.  You  see  this  want  of  justice  in  more  of 
our  courts  than  one,  sir.  A  man  was  charged  with  having  stolen  some 
hens  and  chickens,  twenty-two  in  number;  and  the  only  testimony,  in 
that  case,  which  was  tried  before  Judge  Bearden,  was,  that  a  certain  man 
told  a  woman  who  owned  the  chickens,  that  her  chickens  were  gone,  and 
he  didn't  know  the  chickens ;  while  the  woman  herself  was  not  in  court 
to  testify!  What  kind  of  testimony  is  that,  to  send  a  man  to  the  Peni- 
tentiary ?  What  was  the  purpose  ?  It  was,  to  get  the  man  in  the  Peni- 
tentiary in  order  that  others  might  obtain  his  property.  That  is  the 
course  of  matters  in  our  courts.    I  am  opposed  to  having  the  Freedmen's 

(  429  ) 


1868.] 


DEBATES  Al^D  PEOCEEDINGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau.— MONTGOMEEY—BEASLEY— MOORE. 


Bureau  abolished,  until  the  power  of  the  country  shall  be  placed  in  the 
hands  of  Union  men,  so  that  there  may  be  justice  for  both  parties.  I  am 
not  prejudiced.  I  can  stand  here  and  give  justice  to  any  gentleman,  no 
matter  what  his  political  opinions.  But  I  desire  that  no  man  shall  be 
convicted  of  crime  but  upon  competent  testimony. 

Mr.  BEASLEY.  I  wish  to  correct  myself  before  the  Convention.  I  am 
in  favor  of  the  continuance  of  the  Bureau,  but  not  upon  a  false  basis.  I 
believe  the  Bureau  to  be  essentially  necessary;  I  believe  it  to  have  been 
a  blessing  to  both  white  and  black  in  the  State  of  Arkansas.  But,  so  far 
as  Columbia  County  is  concerned,  I  am  not  willing  to  indorse  its  continu- 
ance by  basing  our  plea  for  its  continuance  upon  the  bare  fact,  that  the 
people  will  not  do  the  black  man  justice.  I  therefore  wish  to  strike  out 
that  portion  of  the  Report.  The  people  of  Columbia  County  are  appar- 
ently anxious  to  secure  the  rights  of  the  black  man,  before  the  law;  for, 
as  far  as  I  find,  all  parties  are  anxious  to  get  him  into  law,  and  get  his 
money  out  of  him.  [Laughter.]  But  on  the  suffrage  question,  they 
entertain  great  prejudice  against  the  blacks,  voting,  and  on  that  ground  I 
believe  it  will  be  necessary,  in  order  to  secure  to  the  colored  people  the 
free  exercise  of  the  elective  franchise,  to  have  the  Bureau  continued. 

Mr,  MOORE.  I  am  not  here  for  precisely  the  same  purpose  as  the  gen- 
tleman from  Hempstead  [Mr.  Montgomery.]  I  am  not  here  for  the  pur- 
pose of  representing  the  interest  of  any  party,  the  Radical  or  the  Con- 
servative. I  have,  I  think,  a  higher  and  nobler  object  than  that,  in  being 
here.  I  am  here  to  do  my  duty,  as  I  understand  it.  I  am  here  for  the 
purpose  of  acting  in  obedience  to  the  solemn  obligation  that  you  admin- 
istered to  me  from  that  stand,  that  I  would  obey  the  Constitution  of  the 
United  States,  and  demean  myself  faithfully  as  a  delegate  to  this  Conven- 
tion. I  am  here  for  no  other  purpose.  I  do  not  come  to  subserve  party. 
IsTor  do  I  think  that  any  other  gentleman,  that  is  honest  at  heart,  ought 
to  come  here  to  subserve  the  interests,  of  a  party. 

I  think  the  gentleman  misunderstood  the  motion  of  the  gentleman  from 
Dallas  [Mr.  Kyle],  or  he  would  not  have  made  the  long  and  boisterous 
discourse  you  have  just  heard,  in  vindication  of  "  class  legislation.' '  I  would 
be  willing,  to-day,  to  continue  the  Freedmen's  Bureau  ad  infinitum^  but 
for  the  fact  that  I  believe,  and  in  the  presence  of  this  assembly  assert, 
that  there  was  never  a  greater  curse  heaped  upon  the  unfortunate  freed- 
men,  than  that  same  Freedmen's  Bureau.  I  believe,  and  assert  it  boldly, 
without  the  fear  of  successful  contradiction,  that  they  have  been  robbed  of 
their  rights — of  their  "  dear-bought  rights,"  as  they  are  termed  on  the 
other  side  of  this  house,  by  Agents  of  the  Freedmen's  Bureau.  It  is  sus- 
ceptible of  certain  proof,  that  in  my  County  [Ashley]  one  of  these  Agents 
did  defraud  a  certain  plantation  out  of  fifteen  bales  of  cotton, — that  he 
took  the  cotton,  shipped  it,  and  the  negroes  never  received  a  solitary  dol- 
(  430  ) 


Jan.  31st.]  AEKA]S^SAS  CO^^STITUTIO]>rAL  COJSn^Eis^TlOX.  [20th  Day, 


Continuance  of  Freedmen's  Bureau. — MOOEE. 


lar.  I  say  that  can  be  proved  in  this  City,  and  by  the  General  command- 
ino;  the  Sub-District  of  Arkansas.  That  is  one  instance.  I  have  only  to 
travel  in  Chicot  County,  represented,  on  this  floor,  by  a  colored  gentle- 
man [Mr.  Masois^],  and  I  can  prove  that  there,  too,  frauds  were  perpetrated 
by  the  Agent  of  the  Freedmen's  Bureau.  I  repeat,  that  I  Trould  be  wil- 
lins:  to  continue  the  institution,  but  that  it  is  a  curse  to  the  colored  man. 

But  the  gentleman  descends  to  questions  of  little  chickens,  and  shows, 
fully,  the  position  he  occupies  in  that  matter.  Little  chickens  ! — a  small 
matter,  sir  I  The  whole  tenor  of  the  gentleman's  speech  was  such  as  to 
show  you  just  where  he  stood, — that  he  represented,  not  the  interest  of 
his  County,  but  only  of  a  portion  of  the  County, — that  he  came  here  only 
to  represent  a  certain  class  of  the  people  of  Hempstead.  I  come  here  to 
represent  all  the  people  of  Ashley  County.  I  care  not  how  black  the 
man  may  be,  I  care  not  in  how  abject  slavery  he  may  once  have  lived,  1 
care  not  how  degraded  may  once  have  been  his  position  in  my  County, 
about  which  you  have  heard  so  much, — where,  it  is  said,  neither  Union 
man  nor  freedman  can  get  justice.  I  beg  to  say,  sir,  that  our  County 
Court  is  presided  over  by  a  Judge  of  the  gentleman's  own  party ;  and  the 
freedmen  do  get  justice.  I  say,  too,  that  the  Freedmen's  Bureau  is  the 
greatest  curse  ever  inflicted  upon  the  black  man,  except  that  of  removing 
him^  from  his  former  condition.  [Laughter  and  ironical  cheers.]  I  say 
that  twenty  years  from  to-day  will  prove  the  assertion  I  make,— that  the 
Freedmen's  Bureau  has  been  a  curse  to  the  freedmen,  ever  since  it  has 
been  established.  It  is  a  curse  in  my  section  of  the  country,  and  in 
others. 

The  gentleman  tells  you  that  freedmen  are  denied  justice  in  the  courts, 
because  they  vote  the  Radical  ticket.  He  informs  us  that  the  Justice  of 
the  Peace  who  issued  the  warrant,  in  the  case  which  he  mentions,  acts  as 
Justice  of  the  Peace  no  more.  I  ask  the  gentleman,  was  that  magistrate 
deprived  of  the  right  of  exercising  the  functions  of  his  ofiice,  by  a  trial 
for  misdemeanor,  or  malfeasance  in  office?  I  imas'ine  not.  I  imaoine 
not.  I  imagine  that  the  gentleman  would  not  rise  here,  before  the  re- 
spectable body  assembled  in  this  hall,  and  assert  that  that  Justice  was  de- 
prived of  his  office  upon  trial  and  conviction  for  malfeasance. 

But  I  am  tired — or  I  would  not  have  obtruded  myself  upon  the  Con- 
vention just  now — I  am  tired  of  such  resolutions  as  those  now  before  us. 
We  came  here  for  a  speciflc  purpose.  We  did  not  come  here  to  legislate 
for  Arkansas.  We  came  under  the  Reconstruction  Laws.  Those  laws 
clearly  define  the  office  we  are  to  perform.  We  are  engulphing  the  State 
in  ruin.  We  have  no  more  right  or  authority  to  legislate  for  the  people 
of  Arkansas,  than  for  the  angels  in  heaven.  Our  duty  is  a  specific  one. 
It  is  clearly  marked  out.  There  is  a  sign-board,  so  clearly  pointing  out 
our  functions,  that  the  wayfaring  man,  though  a  fool,  cannot  err  therein. 

(  431  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau.— MOORE— MONTGOMERY— WILSON. 


Yet  we  are  here  spending  the  hard-earned  dollars  of  the  people,  when  we 
should  perform  our  prescribed  duty,  and  go  home. 

Nor  is  this  all.  We  hear  of  distress,  all  over  the  country.  This  Conven- 
tion has  been  in  Committee  of  the  Whole  on  the  subject  of  relief  for  the 
poor  of  the  State.  It  has  been  said  it  was  right  for  us  to  thrust  our  hands  into 
the  public  treasury,  and  draw  out  greenbacks  for  the  relief  of  the  distress  of 
the  country.  Will  not  the  condition  of  the  country  be  more  distressing 
still,  if  we  continue  to  sit  here  and  spend  all  the  money  of  the  treasury  ? 
We  cannot  stay  here  without  pay  to  meet  our  expenses.  Great  Cod !  will 
this  ever  end?  Is  it  not  probable  that  it  will  continue  until  May  or  June? 
Look  at  the  discussion  of  yesterday, — of  the  day  before  : — and  at  the  final 
close  of  this  discussion,  what  conclusion  do  you  reach  ?  There  is  already 
enough  legislation  laid  out,  here,  to  take  up  two  or  three  months,  and 
nothing  done  toward  the  accomplishment  of  the  object  for  which  we  came. 
I  do  hope  we  will  end  this  kind  of  procedure,  and  pass  on  to  our  legiti- 
mate duties.  I  am  tired  of  this  "  class  legislation,"  of  which  we  hear  so 
much,  every  day,  from  the  other  side  of  the  house.  If  this  is  not  class 
legislation,  I  do  not  know  what  class  legislation  is. 

Mr.  MOOTGOMERY  endeavored  to  obtain  the  floor. 

The  PRESIDENT.  The  gentleman  has  spoken;  and  is  not  again  en- 
titled to  the  floor  if  any  other  gentleman  wishes  to  speak. 

Mr.  WILSOJ^.  I  do  not  mean  to  make  any  speech  on  this  occasion.  I 
cannot  approve  of  the  position  occupied  by  the  gentleman  on  the  other 
side  of  the  hall  [Mr.  Montgomery.]  I  do  not  think  he  is  assuming  the 
part  of  a  peacemaker.  I  again  ask  the  Convention  to  proceed  to  the 
performance  of  their  proper  duties,  and  to  be  in  earnest  about  it.  I  am 
tired,  and  fairly  tired,  of  such  proceedings  as  those  in  which  we  are  in- 
volving ourselves. 

The  gentleman  from  Ashley  [Mr.  Moore]  says  he  did  not  come  here  for 
certain  purposes.  E^either  did  I  come  here  for  any  such  purpose.  We 
know  what  he  was  elected  here  for.  We  know  what  the  party  that  elected 
him  sent  him  here  for.  He  was  elected  against  convention,  and  against 
reconstruction  upon  the  Congressional  plan.  That  is  a  plain  case.  The 
party  convention  down  the  street  settled  that  question,  again,  the  other 
day — that  is  a  matter  that  is  settled.  [Laughter  and  applause.]  But  we  are 
not  here  to  squander  time  unnecessarily.  I  regret  that  the  statement  im- 
mediately under  discussion  was  set  forth  in  that  Report.  I  regret  the 
entering  upon  record,  here,  of  anything  that  is  inflammatory.  If  the  Re- 
port had  been  drawn  up,  in  terms  strong  enough  to  present  the  case  as  it 
stands,  we  could,  without  such  reflections  as  these,  have  respectfully  peti- 
tioned Congress  for  the  continuance  of  the  Bureau.  Every  one  that  knows 
the  history  of  the  country,  knows  that  there  are  great  and  good  men  with 
all  parties.  There  is  honesty  and  virtue  on  both  sides.  I  am  perfectly 
(  432  ) 


Jan.  31st.]  AEKA^s'SAS  COXSTITUTIO^AL  CO^^YE^s^TIO^^.  [20th  Day. 


Continuance  of  Freedmen's  Bureau.— MASOX— HODGES  of  Pulaski— MOOEE. 


tired  of  this  crimination  and  recrimination.  Let  ns  go  forward,  in  a  con- 
servative spirit,  to  the  performance  of  the  task  before  us.  I  have  no  ob- 
jection to  the  continuance  of  the  Freedmen's  Bureau.  I  know  many 
gentlemen  who  get  most  of  their  living  by  pleading,  in  the  courts,  for 
negroes,  and  filling  their  own  pockets.  We  all  know  what  kind  of  justice 
negroes  get  at  law.  The  lawyer  gets  the  fee;  and  the  negro  pays  the  costs, 
or  goes  to  jail,  as  the  case  may  be.  The  lawyers  tell  us  they  are  the  negro's 
friends.  I  like  a  dollar  as  well  as  anybody,  but  I  prefer  to  get  my  dollars 
in  some  other  way. 

Mr.  MASOK  offered,  as  an  amendment  to  the  resolution  presented  in 
the  Keport,  the  following  resolution  : 

Besolved :  That  Congress  is  hereby  requested  to  instruct  General  Howard, 
Chief  of  the  Freedmen's  Bureau^  to  officer  it  with  more  honest  and  efficient 
men. 

[Laughter  and  applause  on  the  left.] 

Mr.  REYI^OLDS.  I  second  that  amendment. 

Mr.  HODGES,  of  Pulaski.  I  do  not  intend  to  make  a  speech.  I  merely 
wish  to  say  a  word  in  reference  to  the  witty  arguments  adduced  upon  this 
question,  by  the  gentleman  from  Ashley  [Mr.  Moore.]  He  spoke  of  de- 
lays, and  so  on,  in  the  proceedings  of  the  Convention.  With  reference  to 
the  delays  of  j^esterday,  I  would  just  ask  how  it  happened  that  ten  votes 
held  this  Convention  in  session  for  a  long  time,  so  as  to  prevent  it  from 
voting  upon  the  main  proposition- — whether  the  majority,  or  the  ininority 
of  which  he  is  a  member,  was  to  blame  for  that  delay. 

He  has  said  that  in  his  County,  and  in  some  other  counties,  there  have 
been  dishonest  Bureau  agents.  We  suppose  that  to  be  true — we  are  will- 
ing to  take  his  word  for  it ;  but  supposing  it  to  be  true,  is  that  an  argu- 
ment against  the  existence  of  a  necessity  for  the  Bureau  ?  We  have  in- 
stances in  this  State,  I  believe,  of  judges  conducting  themselves  improperly; 
and  some  of  them  are  now  under  impeachment,  awaiting  trial.  Is  that  a 
reason  for  dispensing  with  circuit  judges  ?  And  I  ask,  with  equal  justice, 
is  it  a  reason  for  dispensing  with  Bureau  agents,  that  there  have  been  some 
dishonest  ofiicers  of  the  Bureau,  and  that  the  ofiicer  who  has  had  super- 
vision over  them  has  failed  to  ascertain  the  fact,  and  to  discharge  them  in 
due  time  ? 

Mr.  MOORE.  I  wish  to  make  an  explanation  in  regard  to  what  has 
been  said  as  to  the  unnecessary  consumption  of  time  by  this  Convention. 
The  gentlemen  holds  that  the  ten  were  the  cause  of  tlie  delay  which  took 
place  yesterday.  All  he  has  to  do,  to  ascertain  that  the  fact  is  otherwise, 
is  to  refer  to  his  very  great  desire  to  correct  the  proceedings  of  yesterday, 
against  which  we  were  voting.  All  that  is  necessary,  in  order  to  ascer- 
tain why  w^e  were  opposing  the  proposition  yesterday  before  the  Conven- 

28  (  433  ) 

■4,  ^ 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau.— MOOKE— HODGES  of  Pulaski— CYPEKT. 


tion,  is  to  advert  to  the  fact  that  he  comes  here  to-day  and  endeavors  to 
correct  the  very  action  against  which  we  were  voting.  He  has  no  right 
to  say  that  if  he  had  put  the  proposition  in  a  tangible  and  intelligent  form, 
we  would  have  voted  against  it.  It  was  the  odious  light  in  which  the 
matter  was  presented  to  the  Convention,  which  occasioned  our  opposition. 

Mr.  HODGES.  I  am  happy  to  hear  that  the  opposition  was  only  upon 
the  simple  question  of  words.  I  had  supposed  the  gentlemen  opposed  the 
proposition  from  principle,  and  not  merely  on  account  of  the  phraseology. 

Mr.  MOORE.  "Odious"  was  my  word. 

Mr.  HODGES.  It  appears  that  this  Report  sets  forth  facts  that  exist 
only  in  certain  parts  of  the  State.  What  Congress  wants  to  know,  is, 
facts ;  and  I  understand  the  Committee  to  be  setting  forth  facts  which  in  dif- 
ferent parts  of  the  State  do  exist.  It  is  not  necessary,  for  that  purpose,  to 
state  these  facts  as  existing  in  the  counties  represented  by  my  venerable 
friend  from  Dallas  [Mr.  Kyle],  or  from  Columbia  [Mr.  Beasley.]  But 
in  regard  to  Phillips,  Pulaski,  Prairie,  and  other  counties,  it  may  be  nec- 
essary to  state  the  facts  as  existing.  Perhaps,  in  those  counties,  they  have 
had  honest  Bureau  Agents.  And  I  appeal  to  the  gentleman  wdiether  even 
white  people  did  not,  in  the  spring  of  last  year,  get  help  from  the  Bureau. 
But  for  the  provisions  distributed  by  that  agenc}^,  would  there  not  have 
been  starvation,  even,  in  that  portion  of  our  fair  State?  That  is  all  I  have 
to  say  upon  the  subject. 

Mr.  CYPERT.  I  concur,  to  some  extent,  with  the  gentleman  from 
Hempstead  [Mr.  Montgomery],  and  to  some  extent,  with  the  Report.  But 
it  fails  to  present  the  facts  in  a  manner  that  I  should  wish  to  concur  in. 
I  admit  that  the  courts  of  the  country  do  not  mete  out  justice  to  all  classes. 
And  I  admit  that  if  all  classes  had  justice  done  them,  more,  of  all  parties, 
would  board  with  my  friend  from  Pulaski  [Mr.  Hodges.]  While  I  would 
in  no  way  detract  from  that  gentleman's  argument,  I  would  like  to  con- 
tribute somewhat  to  his  welfare,  by  contributing  to  his  boarding-house 
some  men,  in  our  country,  that  deserve  the  just  punishment  of  their  con- 
duct. It  is  not  altogether  from  political  considerations,  however,  that 
they  fail  to  meet  justice.  It  is  a  misfortune  that  we  all  labor  under;  it  is 
a  misfortune  of  our  s^'stem  of  government,  it  is  a  misfortune  of  all  gov- 
ernments, that  they  cannot  always  punish  criminals.  But,  sir,  I  think  the 
gentleman  from  Hempstead  places  the  reasons  of  the  imperfection  of  jus- 
tice upon  very  different  grounds  from  that  warranted  by  the  facts.  I  do 
not  believe  the  Bureau  Agency  to  be  the  means  of  correcting  the  errors 
to  which  the  gentleman  has  referred;  and  I  place  my  opposition  to  it  upon 
different  and  higher  ground  than  that  of  any  party  feeling  whatever.  I 
oppose  it  npon  the  ground  that  it  has  power,  if  it  has  any  power,  to 
destroy  the  very  foundation  of  our  Government,  since  it  can  arrest  any 
man,  be  he  a  justice  of  the  peace  or  a  member  of  the  Supreme  Bench,  and 
(  434  )  ■ 


Jan.  81st.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [20th  Day. 


Continuance  of  Freedmen"s  Bureau. — CTPERT. 


try  him  by  a  military  commission — a  body  responsible  neither  to  la\Y  nor 
to  God,  if  their  acts  are  to  be  taken  as  an  indication  of  their  responsibility. 
The  gentleman  says  that  a  justice  of  the  peace  in  his  County  was  impris- 
oned by  the  Bureau^ — for  what?  For  performing  his  duty  under  the  Con- 
stitution of  the  United  States.  VThat  was  his  duty  in  the  premises?  ^heu 
a  proper  affidavit  was  made  before  him,  that  a  crime  had  been  committed, 
it  was  his  sicorn  duty  to  issue  a  warrant. 

A  MEMBEE  [m  las  seat.']  He  was  bound  to  do  it. 

Mr.  CYPEET.  Bound  to  do  it.  The  party  swearing  out  the  warrant 
might  have  been  corrupt;  but  the  Justice  did  not  know  that,  and  when 
the  affidavit  is  filed  before  him,  he  thereupon  issues  his  warrant  as  of 
course.  For  performing  the  ver^^  act  which  the  law  required  of  him,  this 
irresponsible  officer  arrests  him,  and  deprives  him  of  his  office,  without 
trial  \  Is  that  the  kind  of  institution  we  wish  to  perpetuate  in  our  coun- 
try,— one  that  strikes  at  the  very  foundations  of  the  country  ?  It  is  a 
kind  of  mongrel, — civil  and  military  : — I  suppose  it  was  got  by  the  Mili- 
tary, out  of  the  Civil.  It  was  conceived,  by  Congress  :  and  I  suppose  Con- 
gress was  ravished  by  the  Military,  and  that  was  the  result.  It  is  enough 
to  say  of  it,  that  it  is  an  institution  that  seizes,  and  displaces  from  the  bench, 
the  Judiciary  of  our  State.  ^Vhy,  sir,  what  was  it  that  that  law  declared  ? 
— that  any  judge,  or  any  officer,  civil  or  judicial,  preventing  the  enforce- 
ment of  that  Law,  should  be  amenable  to  arrest,  and  trial  by  commission, 
— or  something  to  that  effect.  Sir,  I  oppose  the  perpetuation  of  such  a 
system  as  that,  because  it  is  in  open  violation  of  a  declaration  that  you 
now  propose  to  incorporate  into  the  Constitution  of  the  State.  In  that 
instrument  you  propose  to  incorporate  a  declaration  which  says,  in  effect, 
that  this  institution  violates  every  principle  of  our  Government, — when 
you  provide  that  the  trial  by  jury  shall  be  inviolate,  and  that  no  man  shall 
be  put  upon  trial  but  upon  presentment  or  indictment.  Do  you  ac- 
complish that,  by  this  Bureau?  Are  the  prisoners  whom  it  tries,  dnly 
indicted?  ^^o,  sir;  and  mere  statements,  from  any  individual,  will  war- 
rant the  Agent  in  arresting  any  person.  I  believe  the  gentleman  was  once 
a  Bureau  Agent.  I  have  a  fellow-feeling  for  that  class  of  men.  I  was  once 
one  of  that  class,  myself.  But  I  learned,  in  that  position,  different  rules 
from  those  which  the  gentleman  seems  to  have  learned.  I  learned  that 
it  was  my  duty  to  conciliate  all  the  different  feelings  of  the  community. 
It  seems  the  gentleman  learned  it  was  his  duty  to  stir  up  strife,  and  har- 
row up  the  discordant  feelings  of  the  community. 

And  I  must  say,  right  here,  that  as  a  class,  the  freedmen  are  docile 
and  improvident,  but  all  the  evils  they  have  been  prompted  to  do  in  the 
South,  if  they  have  ever  done  any,  I  charge  to  the  bad  infl.uence  that 
white  men  have  exerted  over  them.  I  say,  without  fear  of  successful  con- 
tradiction, that,  as  a  race,  they  are  the  most  docile,  Cjuiet  people  in  the 

(  435  ) 


1868.] 


DEBATES  AND  PEOCEEDIlSrGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bareau.— CYPEET— BKADLEY. 


world.  Docility,  and  improvidence  growing  out  of  that  docility,  are  their 
characteristics.  And  the  source  of  all  the  evil  they  perform,  is  in  the  fact 
that  they  are  docile,  and  can  be  easily  guided  and  controlled  by  the  w^hite 
race.  They  can  be  made  tools  in  the  hands  of  bad  men.  They  are  mere 
cla^Mn  the  hands  of  the  potter,  under  the  domination  of  the  minds  of  men 
of  the  white  race ;  and  the  evils  they  do,  if  they  do  any,  are  generally 
prompted  by  the  counsels  of  evil  advisers. 

1  place  my  opposition  to  the  perpetuity  of  this  Bureau,  on  the  grounds 
that  it  is  unconstitutional,  that  it  is  in  violation  of  every  principle  of  our 
Government,  and  that  it  creates  a  despotic  power  in  our  Government, 
scarcely  amenable  to  any  one  or  anything.  Its  agents  report  to  General 
Howard — or  somebody, — the  great "  Gyascutus"  of  the  institution- — I  do  not 
recollect  his  name.  He  appoints  his  Agents,  on  the  advice  of  individuals, 
and  knows  nothing  about  them ;  and  as  the  gentleman  from  Chicot  [Mr. 
Mason]  has  indicated,  bad  men  have  been  made  Agents,  and,  instead  of 
harmonizing  the  two  races,  and  allaying  all  the  prejudices  of  either  party, 
they  have  stirred  up  those  prejudices,  and  kept  alive  the  worst  passions  of 
men.  1  believe  this  Freedmen's  Bureau,  if  managed  in  the  proper  spirit, 
affords  a  means  of  harmonizing  these  elements.  But  it  is  a  deviation 
from  the  principles  of  our  Government,  and  should  be  ventured  on  with 
great  care.  And  because  it  is  a  deviation  from  our  ancient  landmarks,  I 
oppose  it.  I  wish  to  adhere  to  the  old  principles  of  our  Government.  It 
is  because  it  is  in  open  violation  of  the  declarations  of  the  Bill  of  Rights, 
and  of  the  Constitution  of  the  United  States,  and  because  it  gives  so 
much  power  to  irresponsible  parties,  that  I  oppose  it. 

Mr.  BRADLEY.  I  do  not  wish  to  make  a  speech.  I  desire  only  to 
say  that  the  negroes  in  my  County  [Bradley]  became  very  sick  of  the 
Freedmen's  Bureau.  We  had  an  Agency  of  the  Bureau  there,  the  first 
year  after  the  war;  and  the  negroes  found  themselves  sold  out  by  it.  We 
have  now  had  no  Agency  there  for  eighteen  months  or  two  years.  Since 
we  have  been  without  the  Bureau,  we  get  along  more  peaceably  and 
quietly  than  before.  And  so  far  as  regards  justice,  the  freedmen  can  cer- 
tainly obtain  it  in  that  part  of  the  country.  They  may  meet  with  injus- 
tice somewhere  else — I  know  nothing  about  that.  But  I  know  that  the 
argument  of  the  gentleman  on  the  other  side  of  the  house  [Mr.  Mont- 
gomery] is  against  himself;  and  it  seems  to  me  that  his  argument  is  a 
sufficient  one  to  refute  the  proposition  which  he  set  out  to  establish. 
You  have  it,  now,  in  your  power  to  remove  from  office  all  the  disloyal 
magistrates,  as  you  term  them ;  and  the  Civil  Rights  Bills  have  placed  all 
these  matters  before  the  magistrates.  As  regards  the  disputes,  between 
the  races,  which  grow  out  of  the  crop  system,  as  most  of  them  do.  Gen- 
eral Ord  has  fixed  a  law  taking  the  matter  out  of  the  hands  of  magistrates, 
and  giving  the  negro  the  right  to  select  one  man,  the  white  man  another, 
(  436  ) 


Jan.  31st.]  AEKAJSrSAS  COISTSTITUTIO^TAL  COISrYENTION.  [20th  Day. 


Continuance  of  Freedmen's  Bureau.— BEADLE Y— HODGES  of  Pulaski. 


and  those  two  a  third,  for  the  settlement  of  the  controversy.  That  plan 
has  been  tried  in  my  Count}^,  and  is  believed,  by  both  races,  to  afford  the 
best  tribunal  for  the  determination  of  that  class  of  questions. 

If  we  are  to  fix,  in  the  Constitution  of  the  State,  provisions  to  protect 
the  civil  rights  of  the  negro,  and  give  him  a  Bureau,  we  ought  to  have  a 
Bureau  for  the  white  man  too.  I  do  not  see  the  necessity,  unless  the 
United  States  Government  has  more  money  than  it  wants,  and  needs 
some  chance  to  spend  it.  The  passion  that  was  burning  on  the  altar  of 
the  country's  heart,  is  in  great  measure  burned  out.  The  people  are 
learning  that  it  is  necessary  for  them  to  be  kind  to  the  negro;  the  negro 
is  learning  that  it  is  necessary  for  him  to  comply  with  his  contracts;  and 
anything  that  would  tend  to  interfere  with  the  arrangement  of  these 
disputes,  v^ould  tend  seriously  to  the  disadvantage  of  both. 

We  have,  upon  the  bench,  in  my  own  County,  a  Union  man,  one  who 
was  persecuted,  all  through  the  country,  for  his  loyalty;  and  he  does  not 
fail  to  mete  out  justice.  I  do  not  suppose  there  are  more  than  one  or  two 
disloyal  judges  in  the  State,  if  that  number.  The  negro  can  and  does  ob- 
tain justice;  and  if  he  failed  to  obtain  it,  there  are  appellate  courts,  to 
which  he  can  take  his  case  up;  and  there  are  lawyers,  plenty  of  them,  to 
take  up  his  case  without  a  fee,  if  the  man  has  no  money.  I  have,  since 
their  emancipation,  defended  many  a  one,  without  receiving  a  cent;  and 
I  would  defend  them  as  cheerfully  w^ithout  a  cent,  as  if  they  had  a  mint 
of  money,  provided  they  come  to  me  in  the  right  way.  I  believe  the  tri- 
bunals of  Arkansas  are  as  ready,  as  a  general  thing,  to  mete  out  justice,  as 
those  of  an}^  other  State  or  country  in  the  world. 

I  can  see  no  necessity  1  beg  pardon — I  apologize  for  my  wdiole 

speech — I  retract  it  all.  There  are  not  offices  enough  for  all  hands, 
and  we  must  procure  a  continuance  of  the  Bureau,  to  afford  places.  'No 
plant  must  be  transferred  from  the  E^orth,  but  must  have  its  place  to  run; 
and  I  think  it  likel}^  somebody  might  fail  to  get  his  position,  if  this  scheme 
should  fail. — I  take  it  all  back. 

Mr.  HODGrES,  of  Pulaski.  I  wish  to  ask  a  question  of  the  honorable 
gentleman  from  Bradley  [Mr.  Bradley]  :  whether  he  did  not,  within  two 
months,  urge  upon  General  Smith  the  necessity  of  continuing  the  Bu- 
reau ? 

Mr.  BRADLEY.  No,  sir — 0  no !  I  was  requested,  by  a  citizen  of  my 
own  County,  to  apply  to  General  Smith  for  his  appointment  as  Agent  of 
the  Bureau.  I  spoke  to  General  Bennett,  last  Fall,  and  asked  him  if  they 
wanted  a  Bureau  Agent  in  my  section.  I  did  not  memorialize  or  petition. 
He  replied  that  there  were  not  enough  negroes  there  to  make  it  necessary. 
I  did  not  urge  the  matter,  at  all.  I  only  made  the  personal  application, 
for  an  old  gentleman,  not  able  to  work,  and  very  loyal.  He  expressed  a 
desire  for  the  position.    That  is  all  I  had  to  do  with  the  matter. 

(  437  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau. — GEEY. 


Mr.  GrEEY,  of  Phillips.  I  am  sorry  to  have  to  say,  that  I  think  the 
continuance  of  the  Bureau  necessary,  at  least  for  a  time.  I  am  not  here 
to  eulogize  its  officers,  or  in  any  way  to  defend  their  course.  They  are 
sufficiently  able  to  do  that  for  themselves.  At  the  head  of  the  Bureau 
stands  one  of  the  most  distinguished  Americans  of  the  age.  But  a  reso- 
lution has  been  adopted  by  the  House  of  Representatives  of  the  United 
States,  and  sent  in  the  form  of  a  circular,  to  various  quarters,  which  reads 
as  follows  : 

Resolved  :  That  the  Committee  on  Freedmen's  Affairs  be  directed  to  ascertain 
what  reasons  there  are,  if  any,  why  the  Freedmen's  Bureau  should  be  con- 
tinued beyond  the  time  now  limited  by  law,  and  report  by  bill  or  otherwise, 
with  power  to  send  for  persons  and  papers,  and  examine  witnesses  under 
oath. 

The  Chairman  of  that  Committee  desires  information  upon  the  subject 
of  the  resolution.  The  appeals  that  have,  to  my  knowledge,  come  to 
them,  from  men  of  my  own  race,  indicate  the  fact  that  there  is  a  lack  of 
justice,  somewhere,  and  that  there  is  some  necessity  for  throwing  around 
this  class  of  the  citizens  of  Arkansas,  all  the  protection  we  possibly  can,  until 
the  State  shall  resume  its  relations  to  the  Federal  Government,  and  shine 
forth  in  the  galaxy  of  stars, — until  the  wheels  of  government  shall  be  put 
in  motion,  again,  according  to  the  laws  of  the  country,  and  some  means 
shall  be  by  law  established  by  which  the  citizens  of  the  State  may  receive 
their  rights  and  privileges  in  the  courts  of  justice.  We  certainly  need  the 
assistance  at  present.  As  I  have  often  remarked,  it  is  not  a  matter  of 
surprise  to  me  that  where  prejudices  exist,  it  is  beyond  the  power  of 
mortal  man  to  eradicate  those  prejudices  in  a  brief  period  of  time.  That 
has  been  exemplified  upon  this  floor.  While  gentlemen  have  expressed 
the  kindest  feelings,  they  have  said  they  believed  the  organization  of  the 
Freedmen's  Bureau  to  be  the  greatest  curse  that  has  been  inflicted  upon 
our  race,  excejU  our  emanciimtion  I  I  believe  there  are  many  honorable 
exceptions  to  the  prejudices  that  blind  the  minds  of  men  in  this  age  of 
the  world ;  yet,  while  such  antagonistic  feelings  still  remain  in  the  breasts 
of  the  leading  men  of  our  countrj',  do  you  think  it  would  be  wrong  on  our 
part  to  ask  the  Government  to  continue  the  only  practical  means  by  which 
we  obtain  a  shadow  of  justice?  I  am  willing  to  bear  the  ills  I  have,  rather 
than  fly  to  others  that  I  know  not  of.  Take  away  the  Freedmen's  Bureau, 
and  it  is  beyond  the  power  of  mortal  man  to  predict  what  would  be  the 
consequence.  It  has  been  declared  by  some  of  the  greatest  minds  in  Ar- 
kansas, that  Arkansas  is  to-day  in  a  state  of  revolution.  Men  who  differ 
from  me  in  political  opinions  dare  to  declare  boldly  that  Arkansas  is  still 
in  a  state  of  revolution ;  and  if  that  be  the  case,  the  helpless,  the  down- 
trodden, those  who  are,  as  it  were,  between  the  upper  and  the  nether 
(  438  ) 


Jan.  31st.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [20th  Day. 


Continuance  of  Freedmen's  Bureau. — GEEY. 


mill-stone,  need  the  assistance  of  all  the  power  of  the  Government,  to 
defend  them  from  utter  annihilation.  To  say  men  can  obtain  justice 
while  this  unsettled  state  of  things  continues,  is  asking  us  to  believe  more 
than,  under  the  circumstances,  mortal  man  can  accept.  If  I  could  have 
found,  in  the  history  of  the  world,  an  instance  where  men  have  in  a 
moment  given  up  the  prejudice  of  centuries,  interwoven  in  their  very 
natures,  transmitted  to  them  from  long  generations  past,  then  I  might 
accept  these  statements,  in  their  full  meaning.  But  under  the  circum- 
stances, we  must  act  cautiously,  and  with  regard  to  our  own  best  interests- 
As  to  the  Bureau  being  a  benefit  to  the  negroes,  it  is  not  only  a  beneiit 
to  us,  but  to  the  white  people  of  this  country,  to  the  poorer  classes  of 
both  races.  I  do  not  look  upon  this  as  class  legislation,  nor  as  an  attempt 
to  attach  any  provision  to  the  organic  law  of  tlie  State,  but  simply  as  an 
effort  to  secure  the  continuance  of  a  certain  state  of  things  until  civil 
government  shall  be  established  in  Arkansas,  and  the  courts  can  resume 
the  exercise  of  their  proper  functions, — until,  in  a  word,  prejudice  can 
give  way  to  reason, — until  men,  declared  by  the  laws  of  the  United  States, 
and,  in  some  cases,  by  their  own  admission,  to  be  in  a  state  of  rebellion, 
shall  be  so  far  rid  of  prejudice  as  to  do  us  justice  as  they  would  to  others, 
under  the  law.  I  have  always  looked  upon  what  is  said  of  justice  under 
our  laws,  as  a  perfect  farce.  The  laws  of  this  country  declare  that  a  man 
shall  be  entitled  to  an  impartial  trial  by  his  peers.  Xow,  to  declare  that 
negroes  can  receive  justice  in  a  court,  anywhere  in  this  country.  Xorth  or 
South,  under  present  circumstances,  is  to  violate  both  probability  and  trutli. 
If  these  gentlemen  would  adopt  this  rule  for  themselves,  govern  their  own 
line  of  conduct  by  it,  and  submit  to  it,  I  would  be  willing  to  submit  t()  it. 
But  the  law  of  England,  on  which  the  law  of  America  is  based,  provides 
that  when  a  man  on  trial  is  a  foreigner,  the  jury  shall  be  de  medietate^  in 
order  that  he  may  be  afforded  an  impartial  hearing.  Show  me  an  instance, 
in  a  county  represented  by  any  gentleman  on  this  floor,  where  we  have 
had  a  fair  and  impartial  trial  by  a  jury  of  our  peers  !  Y^e  have  never 
had  it:  and  we  never  will  have  it  until  civil  government  shall  have  been 
established  upon  the  firm  foundations  of  justice  and  truth.  For  that  we 
contend.  As  I  have  before  remarked,  I  have  no  eulogies  of  the  Freed- 
men's Bureau  to  make  :  that  can  protect  itself.  It  is  under  the  charge  of 
white  men.  I  do  not  complain  of  them  because  they  do  not  give  me  the 
full  meed  of  justice.  How  can  I  expect  it?  Have  they  not  been  raised 
in  prejudice,  and  taught  to  believe  that  I  was  immeasurably  their  inferior, 
and,  under  the  teachings  of  the  Bred  Scott  decision,  that  I  have  no  rights 
which. a  white  man  is  bound  to  respect?  T\lien  they  do  me  impartial 
justice, — when  there  is  an  intinitesimal  grain  of  justice  in  their  decisions, 
— I  am  content.  I  would  not  impugn  the  motives  of  the  judge,  of  the 
jury,  or  of  the  lawyers,— not  the  least  in  the  world.    But,  sir,  under  the 

.      (  439  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau. — GrEEY. 


circumstances,  it  is  impossible  that  they  should  do  me  impartial  justice; 
it  could  not  be,  and  more  especially  could  it  not  be  when  no  protection 
was  thrown  around  my  rights  by  the  law  of  the  land. 

I  remarked,  sir,  a  while  ago,  that  the  Bureau  was  beneficial  to  the  white 
as  well  as  to  the  colored  people;  and  I  believe  it  is  susceptible  of  proof 
that  in  the  State  of  Arkansas  alone,  three  thousand  white  men  and  w^omen 
have  been  fed  upon  the  charities  of  Government,  and  of  the  Freedmen's 
Bureau,  beside  what  has  been  done  for  the  negroes.  We  have  shared 
together  the  charities  of  the  Government.  I  have  stood  in  court,  sir — to 
refer  to  my  former  idea, — and  heard  lawyers  whom,  as  I  believed,  the 
pride  of  their  profession  incited  to  do  their  best  for  the  negro,  yet  who,  in 
their  argument,  would  sneeringly  point  at  the  Freedmen's  Bureau,  and 
represent  their  client,  who  was  giving  them  his  hard-earned  money  to  de- 
fend his  case,  as  the  "  pet  of  the  Government."  'No,  sir;  I  do  not  expect 
full  justice.  But  I  do  believe  that  we  may,  as  the  best  means  of  justice 
we  can  now  obtain,  continue  the  Freedmen's  Bureau  until  civil  govern- 
ment shall  be  established.  When  that  shall  have  been  done,  I  shall  be 
willing  to  take  my  chance  with  the  rest.  Give  me  the  right  of  the  ballot, 
by  which  to  hold  an  influence  over  men  in  of&ce,  and  I  am  willing  to  take 
my  chance.  Not  in  the  present  disorganized  state  of  the  country.  I  have 
seen  too  many  instances  of  the  grossest  injustice.  I  have  seen  it  in  our 
own  County,  where  six  murders  were  committed  in  a  single  month,  where 
two  men  were  shot  down  right  in  the  sanctum  sanctorum  of  justice,  in  the 
office  of  the  magistrate,  where  some  fifty  men  or  more  stood  armed ;  and 
the  murderer  went  out  of  the  office  and  went  about  his  business;  and  men 
rode  twenty-five  miles  to  tell  the  Bureau  Agent  that  they  deplored  such 
conduct!  Under  such  circumstances,  I  appeal  to  your  sense  of  justice,  to 
say  if  we  do  not  need  some  protection.  If  nothing  more,  the  moral  influ- 
ence of  the  mere  fact  that  the  Bureau  Agent  is  abroad  in  the  land,  and  is 
the  representative  of  the  United  States,  is  something. 

This  prejudice  to  which  I  have  referred,  can  be  annihilated  only  by  time. 
See  what  have  been  the  workings  of  this  prejudice  of  race,  among  men 
w^ho  stood  upon  the  same  platform  in  point  of  birth,  education,  and  intel- 
lect.   Look  at  what  Macaulay  says  of  Ireland. 

"  When  the  historian  of  this  troubled  reign  turns  to  Ireland,  his  task  be- 
comes peculiarly  difficult  and  delicate.  His  steps — to  borrow  the  fine  image 
used  on  a  similar  occasion  by  a  Roman  poet — are  on  the  thin  crust  of  ashes, 
beneath  which  the  lava  is  still  glowing.  The  seventeenth  century  has,  in  that 
unhappy  country,  left  to  the  nineteenth  a  fatal  heritage  of  malignant  passions. 
No  amnesty  for  the  mutual  wrongs  inflicted  by  the  Saxon  defenders  of  Lon- 
donderry, and  by  the  Celtic  defenders  of  Limerick,  has  ever  been  granted  from 
the  heart  by  either  race." 


(  440  ) 


Jan.  31st.]  AEKANSAS  COXSTITUTIOJ^-AL  CONYEjS^TIO^s^.  [20th  Day. 


Continuance  of  Freedmen's  Bureau. — GKET. 


'Now,  can  you,  who  hold  such  prejudices  amoDg  yourselves,  expect  me 
to  consent  to  place  in  the  hands  of  any  man  or  any  set  of  men,  for  me,  all 
that  makes  life  worth  living  for  ?  With  all  its  faults,  I  desire  to  retain 
the  Bureau  until  civil  government  shall  he  established.  In  my  own 
County,  I  was  informed,  by  a  gentleman  who  acted  as  a  juror, — who  seemed 
by  some  mistake  to  have  been  placed  in  the  jury-box,  in  a  prominent  case, — 
that  when  the  case  was  submitted,  they  proposed  to  him, — "  Let  us  take 
back  a  verdict  of  guilty."  "But  hold  on:  is  the  man  guilty?"  "  0, 
it  doesn't  make  any  difference — it's  a  nigger — it's  a  nigger — and  it's  near 
dinner-time  !"  [Laughter.]  I  remark  that  that  clause  of  the  Report  which 
states  that  we  cannot  get  justice  in  the  courts,  is  literally  true.  I  am 
sorry ;  because  I  believe  there  are  many  men  exceptions  to  the  general 
rule.  But  so  long  as  this  state  of  facts  continues,  just  so  long  all  influ- 
ences, malignant  and  otherwise,  will  be  exerted  to  crusb  us  out,  so  that 
we  may  not  exercise  our  rights  and  privileges  as  American  citizens. 

Again,  there  are  gentlemen  who  really  believe  I  have  no  rights,  in  this 
country,  that  white  men  are  bound  to  respect.  Even  they,  in  our  rebel- 
lious State,  I  believe,  have  generous  feelings  toward  us;  but  gentlemen 
who  quote  that  dictum  as  the  measure  of  my  right,  and  honor  that  de- 
cision, must  logically  proceed  to  say  that  I  have  no  right  to  bring  a  case 
in  the  courts  of  the  United  States.  How,  in  the  name  of  God,  am  I  to 
obtain  justice,  if  I  am  denied  that  privilege  ?  The  gentleman's  generous 
feelings  go  beyond  his  reason,  in  that  case.  He  could  not  carry  out  his 
impulses,  however  generous  they  might  be. 

I  claim  that  freedom,  thus  far,  has  7iot  proved  a  curse  to  the  negro.  I 
claim  that  the  Freedmen's  Bureau  is  not  the  greatest  curse  that  ever 
befell  the  negro.  But  I  do  claim,  and  I  go  before  the  congregated  world 
and  ask  for  the  verdict,  that  slavery,  in  its  American  type,  was  the  greatest 
curse  ever  hatched  in  Pandemonium,  or  that  was  begotten  in  hell  and 
went  forth  to  afflict  mankind.  [Applause.]  And,  not  being  a  prophet 
or  the  son  of  a  prophet,  I  predict  that  before  the  time  given  us,  by  the 
gentleman,  to  return  to  our  normal  condition,  shall  arrive,  we  will  be  so 
far  beyond  the  reach  of  mortal  man,  that  nothing  but  the  arm  of  God 
himself  shall  be  able  to  take  from  us  these  American  liberties  which  we 
are  here,  to-day,  endeavoring  to  obtain.  We  have  a  right  to  live,  and  to 
enjoy  the  fruits  of  life,  in  the  United  States.  I  do  not  think  that  to  give 
the  right  of  citizenship  to  the  negro,  will  hurt  the  countr}'',  in  the  least. 
I  think  I  have  already,  upon  this  floor,  proven  that  we  have  been  citizens. 
Congress  is  not  making  citizens, — except,  perhaps,  in  the  point  of  increas- 
ing their  numbers.  When  the  Articles  of  Confederation  were  adopted — 
when  we  passed  from  under  the  British  yoke,-— free  men,  free-born  men, 
black  as  well  as  white,  when  the  shackles  fell  from  their  limbs,  stood  forth 
clothed  with  the  full  rights  to  which  they  before  were  entitled,  of  British 

(  441  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau, — GREY. 


freemen.  In  that  condition,  Judge  Curtis  tells  me,  in  five  States  of  this 
American  Union  we  voted  for  that  old,  time-honored  instrument,  the  Con- 
stitution of  the  United  States.  Talk  about  making  us  citizens !  we  have 
been  made  citizens,  sir,  not  oiily  by  that  right,  not  only  by  the  admission 
of  the  founders  of  the  American  Republic,  but  by  performing  the  highest 
duty  that  the  citizen  owes  to  his  government,  that  of  bearing  arms  in  its 
defence,  and  supporting  it  in  its  hour  of  trouble.  Judge  Curtis,  in  his 
opinion  on  the  citizenship  of  negroes,  says  the  argument  reduces  itself  to 
two  points,  first,  the  true  aljegiance  of  the  citizen  to  the  government,  and 
second,  protection,  by  the  government,  for  the  citizen.  We  have  paid 
that  allegiance,  we  have  paid  it  in  blood.  Upon  the  soil  of  the  country 
lie  the  bones  of  forty  thousand  negroes,  that  have  fallen  in  this  great 
struggle.  In  the  Revolution,  we  were  there.  When  Jackson  fought  at 
New  Orleans,  w.e  were  there;  and  it  is  written,  in  letters  that  never  will 
be  blurred  or  blotted  out,  that  General  Jackson  asked  the  Congress  of  the 
United  States  to  pass  a  resolution  of  thanks  for  our  patriotic  conduct. 
Then  talk  about  our  not  being  citizens  I  The  gentleman  holds  up  the 
Dred  Scott  decision  as  the  measure  of  our  rights.  He  says  that  decision 
has  never  been  overruled.  'No  wonder!  Why  not,  sir?  It  was  made 
for  a  particular  purpose.  It  was  made  for  the  purpose  of  expatriating  us, 
of  driving  us  out  of  the  protection  of  the  country.  That  decision  cost 
the  contestants  seventy-five  thousand  dollars ;  and  we  have  been  too  poor 
to  pay  the  expenses  of  a  suit  which  should  result  in  its  reversal.  That 
judgment  made  a  Justice  of  the  Supreme  Court  a  murderer.  Judge 
Catron  said  that  he  had  sat  as  a  judge  in  Territories  of  the  United  States, 
in  capital  cases,  sentencing  men  to  death,  for  twenty  years;  and  could  he 
say  the  United  States  had  no  jurisdiction  in  the  Territories,  when  the  fact 
of  such  jurisdiction  could  alone  constitute  his  authority  for  sitting  upon 
the  bench  and  pronouncing  sentence  ?  The  gentleman  can  take  either 
horn  of  the  dilemma  he  pleases.  I  prefer  to  say  the  decision  was  wrong, 
and  to  maintain  the  honor  of  the  American  bench. 

I  have  before  asserted  that  the  Government  owes  us  its  protection.  In 
the  plenitude  of  its  power,  in  the  fulness  of  its  magnanimity  towards  the 
South,  three  times  has  that  Government  made  propositions  which  would 
have  overthrown  all  my  rights  and  privileges,  and  cast  to  the  ground  all 
my  hopes  of  future  preference.  My  prospects  of  citizenship  would  have 
vanished  like  the  baseless  fabric  of  a  dream,  had  the  people  of  the  South 
accepted  the  terms  offered  them.  From  these  very  halls  these  proposi- 
tions were  kicked  out.  The  Thirteenth  Amendment  2^e™'iiied  the  South 
to  make  the  negro  a  voter,  and,  whenever  they  would,  do  with  him  just 
what  the}^  pleased.  Now  we  have  been  given  the  right  to  assist  in  the 
reorganization  of  the  State.  Nov  do  I  thank  the  Government,  specially, 
for  doing  that.  I  know  the  purpose.  It  was  for  the  purpose  of  creating, 
(  442  ) 


Jan.  31st.]  AEKANSAS  CONSTITUTIO^vTAL  COI^YEISrTIO^T.  [20th  Day. 


Continuance  of  Freedmen's  Bureau.— GEEY— BROOKS. 


at  one  stroke,  a  substratum  upon  which  the  loyal  men  of  the  South  could 
build  loyal  governments  for  the  States  of  the  South.  It  was  for  that,  and 
not  for  any  particular  benefit  of  mine;  but  through  their  necessity  for 
reorganization  in  the  South,  I  receive  my  right.  And  I  want  every  jot 
and  tittle.  I  want  you  to  pay  the  bill  in  full.  Give  me  the  right  of  citi- 
zenship, give  me  perfect  equality  before  the  law;  I  will  receipt  the  bill  in 
full,  and  ask  no  more.  But  until  then,  I  must  continue  asking  for  it,  till, 
like  the  unjust  judge,  you  will  be  so  sorely  importuned,  that  you  will  have 
to  grant  us  our  rights.  ^ 

To  return  to  the  question  immediately  before  the  Convention.  I  can- 
not vote  to  have  the  passage  stricken  from  the  Report.  While  there  are 
many  honorable  exceptions  to  the  statements  of  the  Report,  they  are  in  the 
main  correct.  Let  these  facts  go  before  the  Congressional  Committee,  and 
let  them  determine  whether  or  not  they  will  continue  the  Bureau  until 
civil  government  shall  have  been  established  in  this  land.  When  a  civil 
government  shall  have  been  established  upon  a  firm  foundation,  under  the 
Reconstruction  Acts  of  Congress,  recognizing  the  rights  of  all  men  before 
the  law,  we  can  swing  loose  in  the  galaxy  of  stars,  and  take  care  of  our- 
selves. 

Mr.  McCLURE.  I  now  move  the  previous  question. 

Some  question  being  raised  as  to  the  riglit  of  the  mover  of  the  proposi- 
tion before  the  Convention,  under  the  rules,  to  address  the  Convention, 
in  conclusion  of  the  debate, 

Mr.  BROOKS  asked  the  consent  of  the  Convention  to  make  a  personal 
explanation. 

By  unanimous  consent, 

Mr.  BROOKS  proceeded:  I  find  tbat  in  the  report  of  yesterday's  pro- 
ceedings, in  the  Gazette,  I  am  represented  as  saying  that  I  did  not  wish 
my  family  protected  either  against  the  gross  African  or  the  lager  beer 
German.  I  wish  to  state  that  I  do  not  suppose  I  am  intentionally 
reported  erroneously.  The  report  is,  of  course,  merely  an  abridgment. 
And  in  the  confusion  that  prevailed  in  the  hall  at  the  time,  and  with  the 
hurried  manner  in  which  I  spoke,  I  can  very  readily  see  how  I  might  have 
been  innocently  misreported.  My  own  remembrance  on  the  subject  is  very 
distinct,  as  to  the  precise  words  employed  with  reference  to  the  Germans. 
I  followed  the  train  of  remarks  indicated  by  my  friend  on  the  extreme  op- 
posite side  of  the  hall,  the  honorable  gentleman  from  Clark  [Mr.  LanCx- 
'ley],  in  whicb  he  introduced  Germans,  French,  and  other  nationalities 
that  might  with  propriety  be  included  in  this  kind  of  legislation.  In  fol- 
lowing that  train  of  remarks, — as  I  remember  the  expression,  I  spoke 
thus  of  the  Germans : — I  asked  no  legislation,  at  any  time,  to  protect  my 
family  against  gross  persons  of  any  class, — a  gross  negro,  or  such  persons 

(  443  ) 


1868.]  DEBATES  A^J)  PEOCEEDmGS  OF  THE  [Friday, 


Continuance  of  Freedmen's  Bureau.— BEOOKS—COKBELL— HODGES— GANTT. 

as  some  gentlemen  were  accustomed  to  designate  as  "lager-beer  Dutch." 
I  did  not  present  the  language  as  original.  I  can  simply  say,  it  is  a  term 
that  I  am  not  accustomed  to  employ  in  the  most  familiar  intercourse, 
anywhere,  or  at  any  time.  And  I  certainly  intended  no  indignity  to  any 
one,  black  or  white,  and  merely  employed  the  term  as  quoting  the  lan- 
guage of  others,  to  which  I  might  have  added  a  very  forcible  adjective 
very  frequently  employed  by  the  opponents  of  Republicanism  through  the 
country;  but  I  chose  to  omit  the  adjective,  and  employ  the  phrase  gener- 
ally employed  by  those  j^arties, — as  it  is  well  known  that  the  German 
citizens  of  the  country,  like  the  colored  citizens  of  the  country,  were, 
almost  without  exception,  true  to  the  country's  interests,  and  faithful  to 
its  flag,  throughout  our  great  struggle.  As  those  who  have  been  famil- 
iarly acquainted  with  me  for  years  past,  and  my  neighbors  at  the  present, 
as  well  as  when  the  war  broke  out,  well  know,  no  one  can  have  a  more 
exalted  opinion  of  the  political  character  and  private  and  public  virtue  of 
the  Germans  of  the  country,  than  I,  unless  he  has  more  heart  to  appre- 
ciate it.  I  did  not  employ  those  words  as  original  remarks,  but  as  quoting 
from  other  parties,  and  simply  for  the  purpose  of  making  the  point, — foh 
lowing  out  the  remarks  of  my  friend  on  the  other  side  of  the  hall, — that 
the  proposition  before  us  involved  the  same  principle  which  would  be  pre- 
sented in  a  prohibition  of  marriage  with  those  of  any  other  race  or  nation- 
ality, and  that,  of  course,  if  we  might  make  a  distinction  against  those 
called  negroes,  we  might  as  well  make  a  distinction  against  those  called 
Yankees,  and  so  forth. 

The  vote  was  then  taken  upon  the  call  for  the  previous  question;  and 
the  Convention  refused  to  order  the  main  question. 

Mr.  CORBELL.  I  desire  to  say  that,  as  far  as  my  County  [Sevier]  is  con- 
cerned, I  do  not  know  but  the  freedmen  have  always  had  justice.  I  am 
informed  that  the  case  has  been  otherwise  in  other  portions  of  the  State; 
but  I  can  deny  the  truth  of  the  statement  so  far  as  my  own  County  is  con- 
cerned. 

Mr.  GANTT.  I  do  not  care  to  discuss  the  wdiole  question  before  the 
Convention.  The  debate  has  taken  a  wide  range.  Some  allusions,  how- 
ever, have  been  made,  to  which  I  wish  briefly  to  reply.  The  first  fell 
from  the  honorable  gentleman  from  Pulaski  [Mr.  Hodges.]  I  understood 
him  as  intimating,  if  not  charging  directly,  that  injustice  was  done  to 
freedmen  in  the  County  of  Prairie. 

Mr.  HODGES,  of  Pulaski.  I  spoke  without  any  advice,  and  said, 
''perhaps." 

Mr.  GAlsTTT.  I  am  gratified  that  I  misunderstood  the  gentleman;  for 
I  am  certain  that  if  injustice  has  been  done  the  freedmen  in  that  County, 
(  444  ) 


Jan.  31st.]  AEKAISTSAS  COXSTITUTIOlSrAL  CO^^YENTIOK.  [20tti  Daj. 


Continuance  of  Freedmen's  Bureau.— GANTT— WILSON. 


the  fact  has  not  reached  my  ears.  There  has  been  manifested,  by  the 
people  of  that  County,  without  regard  to  political  sentiment,  an  honest 
and  ample  desire  to  do  justice  to  all  men.  And  as  an  evidence  of  that 
fact,  I  desire  to  state  that  the  Agent  of  the  Freedmen's  Bureau  of  that 
County  has  taken  occasion,  whenever  it  was  possible  to  do  so,  to  refer 
matters  of  controversy  arising  between  a  white  man  and  a  freedman,  to 
the  courts  of  the  country,  and  has  always  expressed  a  sincere  conviction 
that  those  courts  would  do  the  freedmen  justice.  Oftentimes,  such  mat- 
ters have  been  taken  from  the  Freedmen's  Bureau,  and  committed  to  the 
courts,  at  the  earnest  instance  of  the  freedmen. 

Another  allusion  was  that  of  the  honorable  gentleman  from  Union  [Mr. 
Wilson] — and  we  seem  fated,  I  believe,  always  to  "hitch,"  in  argument. 
The  allusion  was  to  lawyers.    It  is  my  good  fortune,  or  my  misfortune,  to 
belong  to  that  class;  and  I  believe  that,  as  a  profession,  it  is  honest  and 
honorable.    The  intimation  which  the  gentleman  made  was,  that  the  law- 
yers were  growing  rich  upon  the  energies  of  the  freedmen;  that  lawyers 
were  feasting,  and  gaining  fatness,  upon  the  spoils  of  the  freedmen  of  the 
State.    I  cannot  believe  one  word  of  that. 
I        Mr.  WILSOI^.  I  do  not  think  the  gentleman  represents  me  properly.  I 
i      said  they  were  willing  to  give  the  freedmen  justice,  by  filling  their  own 
i     pockets  out  of  what  they  can  make  by  pleading  the  cause  of  the  freed- 
}     men,  before  the  courts. 

1        Mr.  GAN'TT.    That  is  just  what  I  understood  the  gentleman  to  say 
I     originally, — that  the  lawyers  were  filching  from  their  neighbors,  putting 
*     money  in  their  own  pockets,  and  growing  rich.    I  will  make  a  personal 
explanation,  for  myself;  and  I  do  not  think  I  am  an  exception  to  the 
general  rule  among  lawyers.    Since  the  close  of  the  rebellion,  I  have  de- 
feuded  at  least  a  hundred  freedmen ;  and  I  have  obtained  but  one  fee  from 
the  whole  number.    There  were  but  two  who  expressed  an  ability  to  pay ; 
and  I  was  prepared  to  admit,  and  believe,  that,  owing  to  all  the  circum- 
stances surrounding  them,  they  were  not  able  to  pay.    When  they  ap- 
pealed to  me  for  my  services  in  their  defence,  they  received  them.  One 
of  them  gave  me  an  order  on  a  man  who  had  been  an  intense  rebel;  and 
it  was  paid.    Another  gave  me  an  order  upon  one  of  the  leaders  of  the 
opposite  faction,  in  the  County, — and  who,  to  a  great  extent,  "  runs  the 
machine," — and  it  was  not  paid.    I  have  defended  these  people  cheerfully, 
and,  I  may  say,  with  a  great  deal  of  success,  as,  of  the  numbers  I  have 
:     defended,  not  one  has  been  convicted.    As  regards  the  Judicial  Circuit  in 
\'      which  I  reside,  I  have  never  seen,  in  this  State  or  elsewhere,  more  im- 
partial, more  straightforward,  unmingled  justice  done,  as  between  freed- 
men and  whit^  men,  or  between  any  other  classes  of  men,  than  there.  I 
^      see  upon  the  fioor  the  honorable,  the  worthy,  the  exemplary  Judge  of  the 
Circuit  Court;  and  I  say,  and  say  it  that  it  may  go  before  the  country, 

(  445  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau.— GANTT—MALLOEY— WALKER— HODGES. 


that  upon  all  occasions  he  has  meted  out  even-handed  justice.  Juries  have 
done  the  freedmen  justice,  in  my  Circuit.  They  have  never  manifested 
any  disposition  to  award,  to  a  freedman  put  upon  his  trial,  other  than  ample 
justice.  If  he  was  guilty,  they  convicted  him;  if  innocent,  they  cleared 
him.  I  believe  that  from  my  County  we  have  but  one  boarder  with  the 
gentleman  from  Pulaski  [Mr.  Hodges],  and  he  w^as  fresh  from  the  rebel 
service  when  he  was  sent  to  the  Penitentiary.  So  far  as  I  know,  the  freed- 
men of  my  County  are  willing  to  submit  their  cases  to  the  juries  and  courts 
of  the  County.  The  Agent  of  the  Freedmen's  Bureau  has  always  mani- 
fested that  willingness.  I  make  these  explanations  in  answ^er  to  remarks 
wdiich  have  been  made  upon  the  floor,  because  in  one  instance  injustice 
was  done  to  the  profession  to  which  I  belong,  and  of  which  I  am  proud, 
and  in  the  other  I  felt  that  injustice  was  done  to  my  constituents. 

Mr.  MALLORY.  The  argument  for  the  necessity  of  the  continuance  of 
the  Freedmen's  Bureau,  it  seems  to  me,  has  not  been  met,  upon  this  floor. 
In  my  County,  the  ofiice  of  the  Bureau  Agent  is  thronged,  daily,  with 
applicants  for  justice — and  I  do  not  speak,  now,  as  an  outsider.  It  has  been 
mentioned  by  some  gentlemen  on  this  floor,  that  they  are  ex- Agents  of  the 
Bureau.  I  claim  to  have  held  that  position  longer  than  any  man  in  the 
State  of  Arkansas,  and  over  a  more  populous  district  than  any  other  man. 
And  for  days  previous  to  my  starting  for  this  place,  the  ofiice  of  the  Freed- 
men's Bureau,  in  Jeflerson  County,  was  thronged  with  applicants  asking 
justice  in  the  matter  of  their  contracts. 

It  seems  to  me  that  although  this  resolution  is  the  main  question  before 
the  Convention,  it  is  only  a  side  issue  with  regard  to  the  main  question 
before  the  people.  If  these  gentlemen,  so  opposed  to  the  resolution,  would 
with  their  might  and  main  act  and  vote  so  as  not  to  retard  the  progress  of 
the  proceedings  of  the  Convention, — if  they  would  help  us  in  our  efforts 
to  frame  a  Constitution  that  should  bring  Arkansas  back  again  into  the 
Union, — it  is  not  presumable  that  the  Freedmen's  Bureau  would  bother  us 
much.  And  I  will  say  that  a  pertinacity  has  been  displayed,  with  regard 
to  the  business  of  this  Convention,  which  seems  to  indicate  that  the  pur- 
pose entertained  by  gentlemen  is,  to  retard  its  action.  I  came  here  for  a 
purpose ;  and  I  do  not  consider  that  I  am  acting  outside  that  purpose  w^hen 
I  vote  to  endorse  a  memorial  of  this  nature,  addressed  to  Congress.  I 
shall,  therefore,  vote  for  the  resolution. 

Mr.  WALICER.  I  rise  to  enter  my  protest  against  the  continuance  of 
the  Freedmen's  Bureau.    I  regard  it  as  unnecessary.  

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order.  I  frequently  hear 
gentlemen  "  entering  their  protest."    I  wish  to  know  what  it  means. 

The  PRESIDEI^T.  The  Chair  does  not  understand  it^to  be  a  formal 
protest,  but  made  simply  by  way  of  a  speech. 

Mr.  WALKEB.  I  consider  that  the  continuance  of  the  Bureau  is  un- 
(  446  } 


Jan.  81st.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [20th  Dar. 


Continuance  of  Freedmen's  Bureau. — TVALKEE — JOHXSOX. 


necessary,  aud  that  it  is  a  heavy  and  useless  expense  to  the  country,  to 
maintain  tlie  institution,  unless  it  be  necessary.  So  far  as  regards  the  alle- 
gation that  the  negroes  are  unable  to  obtain  justice  without  the  aid  of  the 
Bureau,  I  have  this  to  say,  in  regard  to  the  people  whom  I  represent: 
that  in  no  case  which  has  come  under  my  observation,  has  there  been  a 
failure  on  the  part  of  the  courts,  or  of  any  of  the  authorities,  of  my 
County,  to  mete  out  ample  justice.  I  will  instance  one  case:  in  which  a 
white  man  was  lined  twentv-five  dollars,  for  throwing  a  stone  at  a  neofro. 
The  old  negro  testilied  that  the  stone  weighed  seventy-five  pounds,  and 
that  the  man  threw  it  eighty  yards,  at  him,  and  had  like  to  have  taken  his 
head  off.  [Laughter.]  In  another  instance,  where  a  freedman  was  in- 
dicted for  larceny,  and  in  which  he  was  acquitted,  he  was  allowed  a  jury 
partly  composed  of  negroes,  and  of  which  the  foreman  was  a  negro.  I  do 
not  say  he  got  justice  in  that  case — I  don't  think  he  did: — but  he  was 
acquitted,  and  I  suppose  the  advocates  of  this  Bureau  will  say  he  had  jus- 
tice. I  have  been  one,  in  my  County,  to  protect  the  rights  of  the  negro. 
I  will  say  that  in  one  instance  a  freedman  came  to  me,  to  have  me  trans- 
act a  little  busiiiess  for  him.  He  told  me  that  a  gentleman  of  fine  legal 
attainments, — and  a  pretty  good  loyal  man,  by  the  way, — had  charged 
him  ten  dollars  to  attend  to  that  business,  and  it  was  a  little  more  than  he 
could  stand.  I  attended  to  it  for  him.  and  did  not  charge  him  a  cent  for 
it;  for  really,  it  was  not  Avorth  anything — it  did  not  require  more  than 
three  minutes,  and  I  did  not  feel  that  I  ought  to  charge  anything  for  it. 
That  same  negro  afterward  came  to  me  and  told  me  he  knew  who  his 
friends  were.  I  repeat,  that  in  no  case  that  has  come  under  my  observa- 
tion, has  there  been  a  failure  to  mete  out  justice  to  all,  regardless  of  race, 
color,  or  previous  condition.  I  desire  to  make  this  statement,  because  I 
think  it  due  to  the  people  whom  I  represent. 

Mr.  JOHXSOX.  I  would  say  to  the  gentlemen  who  are  opposed  to  the 
Freedmen's  Bureau,  that  it  seems  that,  with  all  the  power  of  the  military, 
aud  with  all  that  the  Bureau  can  do,  it  does  not  give  justice  to  the  colored 
population,  after  all.  The  Freedmen's  Bureau  travels  all  over  the  State, 
in  every  County,  and  its  agents  go  there  for  the  purpose  of  doing  justice ; 
and  yet,  if  gentlemen  will  look  over  the  history  of  the  past  year,  right 
around  where  I  am  living,  they  will  find,  as  my  friend  Mr.  Malloey  says, 
that  the  freedmen  are  crowding  the  ofiice  of  the  Bureau,  to  get  justice. 
I  think  we  had  better  add,  to  the  Bureau  Agents  here,  fifty  more  than 
we  now  have  in  the  State,  that  justice  may  be  done.  I  do  not  think  I 
ever  would  vote  for  tlie  Freedmen's  Bureau  to  be  done  away  with,  until 
the  countrv  is  reconstructed.  TTe  need  reconstruction — universal  suffrao;e. 
Give  us  that,  and  we  don't  ask  any  more — give  us  that,  and  we  will  not 
need  the  Freedmen's  Bureau.  I  am  willing;  and  every  man  in  the  house 
is  willing,  I  think,  that  wants  to  give  justice. 

(  447  ) 


1868.] 


DEBATES  A^^D  PEOCEEDINGS  OE  THE 


[Friday, 


Continuance  of  Freedmen's  Bureau.— MONTGOMEKY—MOOEE. 


Mr.  MOISTTGOMERY.  I  do  not  desire  to  occupy  the  attention  of  the 
Convention  for  any  length  of  time;  and  I  shall  not  offer  any  further  argu- 
ment as  to  the  merits  of  the  resolution,  or  of  the  amendment.  I  desire  to 
notice  some  insinuations  thrown  out  by  gentlemen  on  the  other  side  of 
the  house,  and  to  say  that,  as  far  as  the  amendment  of  the  gentleman 
from  Chicot  [Mr,  Mason]  is  concerned,  I  myself  think,  from  what  I  have 
heard,  in  conversation,  of  the  course  of  ex-officers  of  the  Freedmen's  Bu- 
reau, the  idea  would  be  a  good  one. 

One  gentleman  [Mr.  Moore]  accuses  me  of  being  here  only  for  the 
interests  of  a  party,  

Mr.  MOOEE.  I  made  no  accusation.  It  was  a  declaration  from  the 
gentleman's  own  lips.  He  said  he  was  here  in  the  service  of  the  Radical 
Party. 

Mr.  MONTGOMERY.  I  can  say  I  ain  here  for  the  service  of  the  Rad- 
ical Party,  but  not  for  that  alone ;  and  I  did  not  say  I  was  here  for  that 
alone.  The  gentleman  has  so  stated ;  and  it  is  a  mistake.  I  am  here  for 
the  benefit  of  the  State  of  Arkansas,  so  far  as  it  is  in  my  power  to  benefit 
it.  And  when  the  gentleman  places  me  in  that  light,  he  presents  me  in  a 
false  light  before  this  Convention.  I  am  glad,  however,  that  the  gentleman 
has  placed  me  in  a  proper  position  so  far  as  faithfulness  to  my  people  is 
concerned.  I  do  not  desire  to  be  held  up  here  as  a  conservative,  or  a  man 
of  half-way  measures.  I  desire  to  be  shown  as  one  who  desires  to  keep 
every  inch  of  ground  we  have  gained,  so  far  as  party  is  concerned ;  and  I 
think  that  if  the  gentleman  could  see  the  question  as  I  see  it,  or  see  it  in 
its  true  light,  he  would  perceive  that  he  is  not  representing  his  constituents 
as  he  claims  to  be.  I  think  that  if  even  Ashley  County  were  truly  can- 
vassed,— I  think  that  if  men  were  permitted,  in  that  County,  to  vote  as 
their  conscience  dictates, — even  Ashley  would  be  Radical.  And  I  think 
that  when  the  gentleman  is  occupying  the  time  of  this  Convention  with 
all  his  dilatory  movements, — when  he  is  fillibustering  and  skirmishing, 
here,  for  the  purpose  of  preventing  action  upon  the  Constitution,  he  is 
misleading  his  constituents.  The  gentleman  proposes,  of  course,  to  rep- 
resent the  views  of  those  who  voted  for  him ;  and  in  that  respect  he  has 
been  a  more  strenuous  party  man  than  6ven  I  myself.  And  it  does  not 
come  with  very  good  grace,  from  his  lips,  to  say  that  the  colored  men  of 
the  State  are  like  clay  in  the  potter's  hands;  for  I  conceive  there  are  men 
in  this  Convention  who  are  clay  in  the  potter's  hands, — men  w^illing  to 
subserve  the  interests  of  old  party  leaders  who  have  ruined  this  State,  aud 
are  here,  to-day,  for  that  purpose,  instead  of  for  the  purpose  of  carrying 
out  the  reconstruction  measures  of  Congress.  That  is  the  position  which 
the  gentleman  occupies. 

The  gentleman  from  White  [Mr.  Cypert],  who  occupied  the  position  of 
Agent  of  the  Freedmen's  Bureau,  when  they  couldn't  get  anj^body  else  in 
(  448  ) 


Jan.  31st.]  AEKA^SAS  COiSTSTITUTIOlS^AL  COXYEXTIOX.  [20th  Day. 


Continuance  of  Freedmen's  Bureau.— MONTGOMERY— CYPERT. 


White  County,  says  that  while  holding  that  position  he  took  a  conciliatory 
course;  and  he  makes  the  broad  assertion  that  I,  when  occupying  the 
position  of  Provost  Marshal  of  Freedmen  in  the  County  of  Hempstead, 
instead  of  taking  that  course,  adopted  an  opposite  one,  and  tried  to  stir 
up  strife  and  prejudice.    Sir,  I  pronounce  the  assertion  false. 

Mr.  CYPERT.  I  hold  myself  responsible  for  the  remark ;  and  will  prove 
the  assertion  true.    That  is  what  I  will  do  I 

Mr.  MOj^TGOMERY.  Yery  well,  sir;  we  propose  to  be  responsible,  too. 

I  never  have  tried  to  stir  up  strife.  I  have  my  constituents,  I  have 
my  colleagues,  wdio  know  my  course,  who  witnessed  my  course  while  I 
was  occupying  a  position  in  the  Freedmen's  Bureau.  If  the  gentleman 
will  permit  me  to  make  a  personal  explanation — when,  contrary  to  my 
wishes,  I  took  the  office,  when  General  Reynolds  told  me,  personally, — 
"  Sir,  you  have  got  your  orders — go  !" — I  went.  I  took  the  subject  under 
consideration ;  and,  reviewing  and  examining  it  in  all  its  aspects,  I  came 
to  the  conclusion  that  the  interest  of  the  white  men  of  this  country  was 
with  that  of  the  colored  men,  and  that  of  the  colored  men  with  the  whites; 
and  that  just  as  soon  as  these  two  interests  should  be  separated,  just  so  soon 
the  whole  community  was  ruined.  And  all  my  operations  in  the  Freed- 
men's Bureau  have  been  on  that  line,  and  undertaken,  not  for  the  purpose 
of  "  conciliating  "  the  authors  of  frauds  perpetrated  upon  freedmen,  not  for 
the  purpose  of  "  conciliating  "  idleness  and  roguery  in  freedmen,  but  for  the 
purpose  of  inducing  these  colored  men,  who  knew  not,  at  that  time,  the 
meaning  of  freedom,  to  do  their  duty;  and  I  talked  to  them  earnestly,  to 
teacll  them  to  be  industrious  and  honest,  and  prove  to  the  country  that 
the  United  States  Government  had  not  committed  a  mistake  in  making 
them  free.  They  have  carried  out  my  advice.  I  was  not  one  of  those 
spoken  of,  who  took  fees  from  white  men  to  perpetrate  frauds  upon  freed- 
men.   There  have  been  men  of  that  kind  in  the  State  of  Arkansas. 

I  take  it,  sir,  that  we  have  sometimes  to  submit  to  smaller  evils,  in  order 
to  avoid  greater  ones.  One  gentleman  [Mr.  Bradley]  says  the  intention 
in  perpetuating  the  Freedmen's  Bureau  is,  to  supply  places  for  disap- 
pointed aspirants;  and  that  he  is  willing.  AYell,  I  do  not  blame  the  gen- 
tleman for  being  willing.  And  I  pledge  him,  that  if  the  resolution  shall 
be  adopted,  and  Congress  shall  continue  the  Freedmen's  Bureau,  he  shall 
have  my  interest  for  a  position. 

Mr=  BRADLEY  [m  his  seaf]  Thank  you  !  I  know  I  shall  get  it  if  you 
recommend  me. 

Mr.  SARBER  moved  that  the  Convention  adjourn  to  10  o'clock,  a.m., 
of  Saturday,  February  1st. 

The  question  was  taken  ;  and  the  motion  was  agreed  to ; 
And  thereupon,  at  1.20,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Saturday,  February  1st. 

29  (  449  ) 


1868.] 


DEBATES  AISTD  PEOCEEDmGS  OF  THE 


[Saturday, 


Report  of  Committee  on  County  and  Township  Organization. 


TWENTY-FIRST  DAY. 

Saturday,  February  Isf,  1868. 

Convention  met  at  10,  a.m. 
Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called;  and  the  following  members  answered  to  their 
names : 

Messrs.  Beasley,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  Corbell,  Cypert, 
Dale,  Diivall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips,  Harrison, 
Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges  of  Pulaski,  Hoge,  Houghton,  Hutch- 
inson, Johnson,  Kyle,  Langley,  Mallory,  Mason,  Matthews,  Merrick,  Misner, 
Millsaps,  Montgomery,  Murphy,  McCown,  McClure,  Moore,  ^^'orman,  Oliver, 
Owen,  Portis,  Priddy,  Puntney,  Rawlings,  Rector,  Reynolds,  Rounsaville, 
Sams,  Samuels,  Sarber,  Scott,  Shoppach,  Sims,  Smith,  Snyder,  Yan  Hook, 
Walker,  Wilson,  White,  Williams,  Wright,  Wyatt,  and  the  President. 

Sick  :  Messrs.  Belden,  Hollis,  and  Poole. 

Granted  leave  of  absence  :  Messrs.  Hicks,*  and  Hodges  of  Crittenden. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names  : 

The  Journal  of  the  preceding  day  was  read  and  approved. 

V  *  i 

COUNTIES  AND  TOWNSHIPS. 

1^0  petitions  being  presented,  and 

Reports  of  standing  committees  being  in  order, 

Mr.  OLIYER,  on  behalf  of  the  Committee,  submitted  the  following 

EEPOET  OF  COMMITTEE  ON  COUNTIES  AND  TOWNSHIPS. 

Section  One.  All  counties  and  county-seats  shall  remain  as  they  now  are, 
until  otherwise  provided  by  law.  Provided^  no  county  shall  have  more  than 
one  county-seat,  at  which  all  circuit,  county  and  probate  courts,  shall  be 
held. 

Section  Two.  The  Legislature  may  provide  for  organizing  new  counties, 
locating  county-seats  and  changing  county  lines,  but  no  county-seat  shall  be 
changed  without  the  consent  of  a  majority  of  the  electors  of  the  county,  nor 
any  county  organized,  nor  the  lines  of  any  county  be  so  changed,  as  to  include 
an  area  of  less  than  six  hundred  square  miles. 


(  450  ) 


*  By  consent. 


Feb.  1st.]    AEKAXSAS  COXSTITUTIOXAL  COXTEXTIOX.  [21st  Day. 


Heport  of  Committee  on  State  Officers  other  than  Executive. 


Section  Three.  The  Legislature  shall  provide  for  such  county  and  Township 
officers  as  may  be  necessary. 

Section  Four.  All  county  and  township  officers  shall  hold  their  offices  for 
the  term  of  two  years,  and  until  their  successors  shall  be  qualified;  but  no  per- 
son shall  hold  the  office  of  Sheriff  or  County  Treasurer  for  more  than  two  con- 
secutive terms. 

Section  Five.  All  county  and  township  officers  may  be  removed  from  office, 
in  such  manner  and  for  such  cause  as  may  be  prescribed  by  law. 

C.  H.  Oliver. 

Chairman  Committee  on  County  and  Township  Organizations. 

Mr.  SAEBEE  moved  that  the  Eeport  be  referred  to  the  Committee  on 
the  Constitution,  its  Arrangement  and  Ehraseology. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

STATE  OFFICERS  OTHER  THAX  EXECUTIVE. 

Mr.  BEASHEAE,  on  behalf  of  the  Committee,  submitted  the  following 

EEPOET  OF  CO^r^IITTEE  OX  STATE  OFFICEES  OTHEPv  THAX  EXECFTIYE, 

Section  One.  There  shall  be  elected,  by  the  qualified  electors  of  this  State,  a 
Superintendent  of  Education,  who  shall  hold  his  office  for  the  term  of  four 
years.  He  shall  have  the  general  supervision  of  the  Common-School-Fund 
and  educational  interest  of  the  State,  and  perform  such  other  duties  as  may  be 
prescribed  by  law.  He  shall  communicate  to  the  General  Assembly,  through 
the  Governor,  annually,  the  condition  and  progress,  of  the  common  Schools  in 
the  State,  and  recommend  such  measures  as,  in  his  opinion,  the  educational 
interest  of  the  State  may  require. 

He  shall  receive  such  compensation  as  may.  from  time  to  time,  be  fixed  by 
law,  but  which  shall  not  be  increased  or  diminished  during  the  term  for  which 
he  may  have  been  elected,  or  appointed  to  fill  an  existing  vacancy. 

Section  Two.  There  shall  be  appointed,  by  the  Governor  of  this  State,  a 
Commissioner  of  Internal  Improvements,  who  shall  hold  his  office  for  the  term 
of  four  years.  He  shall  have  the  general  stiperintendence  and  direction  of  all 
public  works  in  which  the  State  may  be  interested,  and  perform  such  other 
duties  as  may  be  prescribed  by  law. 

He  shall  communicate  to  the  General  Assembly,  through  the  Grovernor,  annu- 
ally, the  condition  of  the  public  works  in  progress,  his  views  concerning  the 
same,  and  recommend  such  measures  as,  in  his  opinion,  the  public  interest  of 
the  State  may  require. 

He  shall  receive  such  compensation  as  may.  from  time  to  time,  be  fixed  by 
law,  but  which  shall  not  be  increased  or  diminished  during  the  term  for  which 
he  may  have  been  appointed. 


(  451  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Eules  of  Order. — Disfranchisement. — Duties  of  Committee  on  Katification. 


Mr.  BROOKS  moved  that  the  Report  be  referred  to  the  Committee  on 
the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

RULES  OF  ORDER — AGAIN. 

Motions,  resohitions,  and  notices,  being  in  order, 

Mr.  HIiTDS  gave  notice  that  on  Monday,  February  3d,  he  would  move 
to  amend  Rule  I,  by  striking  out  the  words  "  two-thirds,"  and  inserting, 
instead  thereof,  the  word  "  one-half." 

DISFRANCHISEMENT — AGAIN. 

Mr.  McCLURE  presented  the  following  resolution  : 

Resolved:  That  the  Committee  on  the  Constitution,  its  Arrangement  and 
Phraseology,  be,  and  are  hereby,  instructed  to  report  an  article  to  the  Con- 
stitution, disfranchising  all  persons  who  oppose  reconstruction;  and  that  the 
act  of  voting  against  the  adoption  of  the  Constitution  shall  be  conclusive  evi- 
dence of  the  fact  of  such  opposition. 

Mr.  BRADLEY  presented  the  following  resolution,  as  a  substitute  : 

Whereas^  It  is  understood  that  the  resolution  originated  in  an  intention  to 
embrace  one  man,  who  threatened  to  oppose  the  ratification  of  the  Constitu- 
tion, provided  the  door  to  amalgamation  was  left  open ;  and 

Whereas,  For  the  good  of  the  country,  it  would  be  better  that  one  suffer 
than  many  : 

Therefore,  resolved :  That  the  resolution  be  so  amended  as  to  disfranchise 
John  M.  Bradley,  and  nobody  else. 

Mr.  McCLURE.  I  accept  the  amendment,  so  far  as  it  applies  to  Mr. 
Bradley.  I  have  no  objection  to  his  being  made  a  special  case;  but  I 
wish  to  have  the  resolution  so  expressed  as  to  embrace  all  others  in  that 
class. 

Mr.  MONTGOMERY  moved  that  the  resolution  and  substitute  be 
referred  to  the  Committee  on  the  Judiciary. 

The  question  was  taken;  and  the  motion  was  agreed  to. 

DUTIES  OF  COMMITTEE  ON  RATIFICATION. 

Mr.  HOGE  presented  the  following  resolution : 

Resolved:  That  the  Committee  on  Ratification  be,  and  they  are  hereby,  in- 
structed to  report  to  the  Convention,  instanter,  what  action  they  have  had, 
(  452  ) 


Feb.  1st.]    AEKAlSrSAS  CONSTITUTIONAL  CONYENTIOIST.  [21st  Day. 


Continuance  of  Freedmen's  Bureau. — Eules  of  Order. — M0CLUE.E. 


and  what  they  understand  to  be  their  duties  as  such  Committee,  and  for  what 
purpose  such  Committee  was  created,  if  within  their  knowledge. 

Mr.  MONTGOMERY  moved  that  the  resolution  be  referred  to  the 
Committee  on  Ratification. 

Mr.  HOGE.  I  hope  that  action  will  not  be  taken  upon  this  resolution ; 
for  I  am  tired  

The  PRESIDENT.  The  motion  to  refer  is  not  debatable. 

Mr.  CYPERT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  SARBER.  I  ask  for  information:  would  not  the  reference  to  that 
Committee  be  equivalent  to  an  adoption  of  the  resolution  ? 

The  PRESIDENT.  There  is  a  considerable  difierence  between  the 
adoption  and  the  reference. 

The  question  was  taken;  and  it  was  decided  in  the  affirmative, — Yeas 
45,  Nays  18,  as  follows: 

Yeas:  Messrs.  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon,  Gray  of 
Jefferson,  G-rey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Houghton, 
Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Merrick,  Misrier,  Millsaps, 
Montgomery,  Murphy,  McCown,  McClure,  Oliver,  Portis,  Priddy,  Eawlings, 
Eector,  Rounsaville^  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  Van 
Hook,  Wilson,  White,  Williams,  Wyatt,  and  the  President — 45. 

Nays:  Messrs.  Beasley,  Bradley,  Corbell,  Cypert,  Duvall,  Gantt,  Harrison, 
Hoge,  Kyle,  Matthews,  Moore,  Norman,  Owen,  Puntney,  Reynolds,  Shoppach, 
Walker,  and  Wright— 18. 

So  the  resolution  was  referred  to  the  Committee  on  Ratification. 

CONTINUANCE  OF  THE  FREEDMEN'S  BUREAU — AGAIN. 

The  unfinished  business  of  the  previous  day,  viz.  :  the  consideration  of 
the  Report  of  the  Committee  appointed  to  memorialize  Congress  to  con- 
tinue the  Ereedmen's  Bureau,  until  the  State  should  be  reconstructed, 
being  in  order, 

Mr.  MONTGOMERY  said:  As  the  Convention  adjourned  pending  the 
few  remarks  which  I  was  at  the  time  making,  on  this  subject,  I  desire, 
this  morning,  merely  to  occupy  the  attention  of  the  Convention  for  a  brief 
space,  in  order  to  review  the  statements  and  assertions  made  by  gentle- 
men upon  this  floor,  in  the  discussion  on  the  motion  to  strike  out  of  the 
resolutions  submitted  by  the  Committee,  that  part  which  

RULES  OF  ORDER — AGAIN. 

Mr.  McCLURE.  Some  days  ago,  I  gave  notice  of  a  motion  to  so  amend 
the  Rules  as  to  change  the  order  of  business.    I  believe  the  proper  time 

(  453  ) 


1868.] 


DEBATES  A^^D  PEOCEEDINGS  OF  THE  [Saturday, 


Continuance  of  Treedmen's  Bureau.— MONTGOMERY. 


to  introduce  that  motion,  to  be,  at  present.  I  wish  to  do  that  before  the 
unfinished  business  is  taken  up. 

The  PEESIDEJSTT.  Does  the  gentleman  from  Hempstead  [Mr.  Mont- 
gomeky]  give  way? 

Mr.  MOJ^TGOMERY  yielded  the  floor, 

Mr.  McCLUEE.  I  move  that  Rule  XXIII  be  so  amended  that  the  spe- 
cial order  of  the  day  be  made  the  first  business  after  the  reading  of  the 
J ournal.  ' 

My  object  is,  that  the  discussion  of  outside  issues  shall  not  take  pre- 
cedence when  we  have  business  to  do.  I  have  no  objection  to  our  turning 
ourselves  into  a  lyceum,  w^hen  we  have  nothing  else  to  do. 

The  question  was  taken  ;  and  the  motion  was  agreed  to, 

CONTINUANCE  OF  THE  FREEDMEN's  BUREAU — RESUMED. 

Mr.  MOIS'TGOMERY.  As  I  was  remarking,  to  the  resolution  intro- 
duced by  the  Committee  an  amendment  was  introduced,  to  strike  out  the 
declaration  that  in  some  portions  of  the  State  the  freedmen  could  not  ob- 
tain justice  in  the  courts.  It  has  been  denied,  on  the  floor,  that  there  is 
any  place  in  Arkansas  where  freedmen  cannot  obtain  the  same  justice 
that  can  be  obtained  by  white  men.  I  might,  if  I  would  deal  in  individual 
instances,  refer  you  to  a  case  now  under  consideration  in  the  Freedmen's 
Bureau,  in  this  State,— a  case  occurring  in  Pulaski  County, — -where  a 
freedman  is  now  in  durance  vile,  on  the  charge  of  stealing  three  bushels 
of  potatoes.  The  bail-bonds,  as  the  papers  show,  were  fixed  at  one 
thousand  dollars;  and  on  the  back  of  the  paper  was  endorsed,— "iJ^ot 
to  be  bailed."  Is  that  an  instance  of  the  justice  met^d  out  to  freedmen 
in  the  State  of  Arkansas?  Where  is  there  a  white  man  who  would  or 
could  be  dealt  with  in  that  manner?  And  during  the  litigation  of  that 
case, — or  rather,  during  the  recess  between  the  preliminary  examination 
and  the  court  to  which  he  is  bound  over  to  appear,  and  before  his  trial 
comes  ofl*  in  the  court  of  final  jurisdiction, — this  man's  property  is  seized 
to  pay  the  costs — an  unheard-of  proceeding!  For  there  is  no  judgment 
against  him  for  costs,  he  is  convicted  of  no  crime,  and  the  presumption  of 
law  is  that  he  did  not  commit  the  theft.  I  need  not  say  that  under  the 
law  his  property  cannot  possibly  be  sold  to  pay  costs,  until  after  the  final 
conviction.  Yet  the  horse  which  is  his  only  means  of  making  a  livelihood, 
is  seized,  and  his  whole  earthly  possessions  are  sold  for  twenty-seven 
dollars  !  Is  that  the  kind  of  justice  that  the  courts  of  Arkansas  are  meting 
out  to  freedmen  ? 

I  happen  to  have  further  authority  on  this  question,  in  the  24th  volume 
of  Arkansas  Reports,    It  has  been  stated  on  this  floor,  that  the  citizens  of 
(  454  ) 


Feb.  1st.]    AEKANSAS  CON'STITUTIO^^AL  COTs^VElSrTIOI^.    [21st  Day. 


Continuance  of  Freedmen's  Bureau.— MOiS'TGOMEET—CYPEET. 

 ,  *  

a  certain  County  in  this  State  mete  out,  to  all  its  inhabitants,  justice,  alike. 
I  do  not  think  that  from  that  County  there  has  been  a  case,  of  the  same 
significance  and  importance,  reported,  where  a  white  man  was  concerned, 
as  that  of  a  freedman,  from  the  report  of  which  I  am  about  to  quote. 
The  case  is  that  of  Mikai  vs.  The  State.  [So  understood.  The  volume  of 
Reports  is  not  at  hand  when  this  sheet  goes  to  the  press. — Reporter.]  The 
gentleman  from  White  [Mr.  Cypert]  may  possibly  recollect  the  case,  as  I 
see,  from  the  record,  his  name  appears  on  the  part  of  the  prosecution,  in 
one  or  two  instances. 

Mr.  CYPERT.  If  my  name  appears  on  the  part  of  the  prosecution,  it  is 
an  error,  in  some  way.    I  was  a  witness  for  the  defendant,  in  the  case. 

Mr.  MOIsTTGOMERY.  The  gentleman's  name  appears  there,  also:— I 
have  read  the  whole  record,  in  the  Supreme  Court. 

Mr.  CYPERT.  I  call  upon  the  gentleman  to  show  where  I  was  con- 
nected, in  any  way,  with  the  prosecution.  I  denounce  the  statement  as 
untrue. 

Mr.  MONTGOMERY.  I  undertake  to  say  it  is  true.  [Mr.  Mont- 
gomery read  from  the  record  of  the  case,  to  show  the  fact  of  Mr.  Cypert's 
appearance  as  prosecuting  attorney.] 

Mr.  CYPERT.  That  is  entirely  a  mistake.  I  never  was  attorney  for 
the  State,  in  that  District.  There  was  one  case,  that  of  Isaac,  a  negro,  in 
which  I  was  appointed  special  State  prosecuting  attorney;  but  the  case 
was  never  disposed  of.  Isaac's  recognizance  was  taken  by  me,  as  special 
prosecuting  attorney.  I  never  acted  as  prosecuting  attorney,  in  the  Dis- 
trict, in  any  other  capacity. 

•  Mr.  MOi^TGOMERY.  I  do  not  desire  to  do  injustice  to  the  gentleman, 
or  to  any  other  gentleman.  His  name  does  not  appear  throughout  the  case, 
but  in  only  one  or  two  instances.  Mr.  Moody's  name  [so  understood],  ap- 
pears as  prosecuting  attorney.  It  is  in  one  or  two  instances  during  the  pre- 
liminary proceedings,  and  not  in  the  trial,  that  Mr.  Cypert's  name  appears. 

I  desire  to  read  from  the  Report.    The  offence  charged  was  one  of  * 
assault  with  intent  to  kill,  as  created  by  our  statute.    I  read,  at  present, 
from  the  syllabus  : 

^' An  assault,  with  intent  to  kill,  as  created  by  our  statute  {Gould's  Dig.,  Ch. 
51,  jpart  3,  art.  5,  sec.  1;  part  10,  sec.  5),  is  a  felony;  and  an  indictment  for  such 
offence  must  charge  that  the  assault  was  made  feloniously,  etc.^  and  also  that 
the  intent  Avas  felonious,  etc. 

"  The  record  should  also  show  the  impanelling  of  the  grand  jury  that 
found  the  indictment;  and  that  the  indictment  had  been  returned  into  court 
by  the  grand  jury.  (13  Ark.,  720 ;  19  Ark.,  178.) 

"By  the  common  law,  challenges  to  the  polls  for  cause,  are  for  principal 
cause,  or  to  the  favor.  If  for  principal  cause — as  where  the  matter  imports 
absolute  bias  or  favor— it  is  tried  by  the  court  on  the  testimony  of  the  juror 

(  455  ) 


1868.] 


DEBATES  A]^D  PEOCEEDmGS  OF  THE 


[Saturday, 


Continuance  of  Ereedmen's  Bureau.— MONTGOMEKY—CYPEET. 
 $.  , 

to  the  exclusion  of  other  evidence,  and  if  found  true,  the  law  per  se  pronounces 
the  juror  incompetent.  If  to  the  favor, — as  where  it  is  supposed  the  juror  is 
under  undue  influence  or  prejudice, — it  is  tried,  under  the  direction  of  the 
court,  by  triers,  on  other  testimony,  to  the  exclusion  of  the  oath  of  the  juror; 
and  the  finding  is  conclusive  unless  the  triers  are  improperly  directed. 

"  The  practice,  as  modified  by  our  statute,  is,  that  challenges  to  the  polls, 
whether  for  principal  cause  or  to  the  favor,  may  be  tried  by  the  Court,  or  by 
triers,  at  the  election  of  the  party  challenging;  if  tried  by  the  court,  then  on 
the  oath  of  the  person  challenged;  if  by  triers,  then  on  other  testimony;  and 
if  the  challenge  be  for  favor,  then  the  finding  of  the  court  is  as  conclusive  as 
if  it  had  been  determined  by  triers.  (13  Ark.,  720.) 

"  In  view  of  the  constitutional  provision  which  guarantees  to  the  accused  a 
trial  by  an  impartial  jury,  and  of  that  purity  and  sense  of  justice  which  should 
characterize  the  administration  of  the  law,  a  person  who  states  that  he  would 
convict  a  colored  man  on  less  evidence  than  he  would  a  white  man  for  the 
same  offence',  should  be  rejected  as  a  juror,  on  an  indictment  against  a  colored 
man." 

Mr.  CYPEKT.  I  wish,  on  reflection,,  to  correct  myself.  I  remember 
that  when  this  man  was  first  indicted,  Mr.  Paget  [so  understood],  of  In- 
dependence County,  was  the  prosecuting  attorney.  Pie  was  in  attend- 
ance on  our  Court.  The  defendant's  recognizance  was  taken,  to  appear. 
He  was  never  in  jail.  Mr.  Paget  drew  the  indictment,  and,  before  the 
close  of  the  term,  asked  me  to  represent  him,  in  case  anything  demanding 
his  attention  should  come  up.  It  is  possible  I  may  have  taken  the  re- 
cognizance, and  that  my  name  may  appear  in  that  connection,  but  in  no 
w^ay  as  prosecutor,  farther  than  that. 

Mr.  MONTGOMERY.  I  believe,  sir,  that  is  the  instance  in  which  the 
gentleman's  name  does  appear. 

I  proceed  with  the  reading  of  the  syllabus  : 

"  A  witness,  who  had  given  evidence  before  the  examining  court  in  a  criminal 
case,  may  be  interrogated,  on  the  trial,  in  relation  to  such  evidence,  for  the 
purpose  of  laying  a  foundation  to  contradict  him. 

''Although  an  attorney  is  bound  to  withhold,  and  will  never  be  compelled 
to  disclose,  any  information,  which  he  knows  only  through  professional  rela- 
tions to  his  client;  he  may  be  compelled  to  testify  against  his  client  as  to  other 
matters." 

[Mr.  MONTGOMERY  proceeded  to  read,  from  the  brief  filed  by  the 
plaintiff  in  error.] 

These  points  are  decided  by  the  Court,  and  appear  upon  the  written 
record  of  the  case,  in  the  Supreme  Court.  I  should  like  to  go  over  more 
of  the  case  ;  but  I  will  merely,  for  the  purpose  of  showing  how  the  jury 
was  impanelled,  read  a  portion,  which  v exhibits  a  glaring  violation  of  the 
law  : 

(  456  )  ■ 


Feb.  1st.]    AEKAlSrSAS  CO^s^STITUTIOlSrAL  CONVENTION.  [21st  Day. 


Continuance  of  Freedmen's  Bureau.— MONTGOMERY— MOOEE. 


^'It  appears  from  the  bill  of  exceptions,  that  in  impanelling  the  jury  who 
tried  the  case,  the  following  jurors,  namely:  Henry  Blevins,  Henr.y  Martin, 
Frank  Gill,  Samuel  Neeley,  Luke  T.  Hutchinson,  Green  Wright,  Laban  C.  Elli- 
ott, Harrison  Blevins,  Charles  Gillam,  and  Benjamin  Bolton,  were  called;  and 
who,  after  having  been  sworn  on  their  voir  dire,  and  examined  by  the  Attorney 
for  the  State,  were  severally  put  to  the  defendant,  who  propounded  to  each  of 
them  the  following  interrogatory :  'Bo  you  feel  that  you  can  act  as  a  juror  ia 
this  case,  and  decide  it,  according  to  the  law  and  the  evidence,  with  the  same 
impartiality  and  want  of  prejudice  toward  the  defendant,  that  you  would  if  a 
white  man  were  on  trial?'  To  which  they  each  answered:  'I  don't  think  I 
CAN.'  The  Attorney  for  the  State  then  put  the  following  question  :  '  Don't  you 
believe  that  you  can  go  into  the  jury-box  and  do  the  defendant  impartial  justice, 
according  to  the  law  and  the  evidence?'  To  which  each  answered:  'I  do.' 
Whereupon,  the  defendant's  interrogatory  was  repeated,  and  answered  as  be- 
fore. The  defendant  then  propounded  to  the  said  Laban  C.  Elliott,  Charles 
Gillam,  and  Harrison  Blevins,  the  following  interrogatories :  '  Would  jow.  acquit 
a  negro  charged  with  an  assault  with  intent  to  kill  a  white  man,  upon  the  same 
evidence  that  you  would  acquit  a  white  man  on  a  like  charge  ?'  To  which, 
each  answered:  'I  don't  think  I  could.'  The  juror,  Benjamin  Bolton,  on 
further  examination,  was  asked  whether  he  had  formed  and  ex^^ressed  an 
opinion  as  to  the  guilt  or  innocence  of  the  accused  ;  and  answered  that  he  had, 
from  rumor,  but  that  the  opinion  so  formed  was  not  such  as  to  prejudice  his 
mind,  though  it  would  require  evidence  to  remove  it." 

Yet,  sir,  these  men,  every  one  of  them,  were  directed,  by  the  loyal 
Court  

Mr.  MOORE.  Let  us  know  how  the  Supreme  Court  disposed  of  that  case. 

Mr.  MONTGOMERY.  Yes,  sir;  I  did  so,  in  reading  the  syllabus,  if 
the  gentleman  recollects  it. 

Mr.  MOORE.  I  want  the  conclusion  of  the  opinion  of  the  court. 

Mr.  MONTGOMERY  proceeded  to  read,  from  the  opinion  of  the  Su- 
preme Court,  in  the  case  : 

"The  testimony  of  Haywood  Branch,  taken  before  the  Examining  Court 
and  reduced  to  writing,  was  competent  evidence  on  the  trial,  for  the  purpose  of 
contradicting  him — a  foundation  for  the  introduction  of  such  evidence  having 
been  first  laid  as  to  that  witness; — and  the  Court  erred  in  excludiog  it.  At- 
kins V.  The  State,  16  Ark.,  868." 

"  Let  the  judgment  be  reversed,  and  the  cause  remanded  for  further  pro- 
ceedino's." 

Mr.  MOORE  [in  Ms  seat.']  H'm  ! 

Mr.  MONTGOMERY.  Some  person,  sir,  has  stated,  upon  this  floor, 
that  all  the  Judges  of  the  State  of  Arkansas,  especially  those  in  the  north- 
ern portion  of  the  State,  are  entirely  impartial.  You  will  recollect  that, 
upon  the  reading  of  the  communication  of  a  gentleman  [Mr.  L.  Lamborn] 

(  457  ) 


1868.] 


DEBATES  AlS^D  PEOCEEDmGS  OF  THE  [Saturday, 


Continuance  of  Freedmen's  Bureau.— MONTGOMEKY. 


exiled  from  this  State  to  Illinois,  this  statement  was  put  forth.  E'ow, 
whether. the  Judge  who  sat  upon  the  bench  in  this  case  was  a  lawyer,  I 
do  not  know.  Whether  he  erred  from  want  of  knowledo:e  of  the  law,  or 
from  the  prejudice  he  entertained,  I  do  not  pretend  to  say.  I  do  not  under- 
take to  say  that  he  had  a  prejudice.  But  I  propose  that  the  members  of 
the  Convention  take  this  case,  examine  it,  and  decide  for  themselves  that 
question.  The  jurors  who  tried  the  case,  however,  themselves  admitted 
their  prejudice  to  be  such  that  they  could  not  decide  impartially — that  they 
would  not  acquit  a  negro  on  the  same  evidence  on  which  they  would  acquit 
a  white  man,  upon  the  same  charge  ;  and  yet  the  Court  permitted  a  preju- 
diced jury,  self-acknowledged  to  be  such,  to  sit  upon  the  case,  in  violation 
of  law.  Yet  gentlemen  can  say  a  negro  may  obtain  justice  in  all  the  courts 
of  Arkansas ! 

So  far  as  that  branch  of  the  subject  is  concerned,  I  do  not  desire  to 
occupy  the  attention  of  the  Convention  longer.  But  some  gentleman 
says  the  Bureau  is  in  contravention  of  the  principles  of  the  Government, 
and  in  violation  of  the  Constitution.  It  is  singular,  sir,  and  in  revolving 
this  question  in  my  own  mind  I  have  often  been  puzzled  to  ascertain,  how 
gentlemen  so  suddenly  became  in  love  with  the  Constitution.  Like  many 
of  the  acts  during  the  war,  this,  whether  Constitutional  or  unconstitu- 
tional, was  an  extraordinary  measure,  made  necessary  by  the  changed 
condition  of  the  people  of  the  South.  I  say,  made  necessary;  and  whether 
Constitutional  or  not,  it  was  an  absolute  necessity  to  the  people  of  the 
State.  I  well  recollect  that  when  I  was  detailed  as  Superintendent  and 
Provost  Marshal  of  Freedmen  for  the  southwestern  portion  of  the  State, 
the  people  were  glad  to  meet  me ;  and  during  the  time  that  I  occupied 
the  position,  no  man  in  the  country  knew  that  I  had  any  politics,  except 
that  I  was  a  Federal  officer.  Politics  was  not  my  game,  in  those  times. 
Some  gentleman  says  that  if  there  must  be  a  Bureau  for  colored  people, 
it  is  absolutely  necessary  that  there  must  be  one  for  the  whites, — or  words 
to  that  effect.  I  do  not  object  to  a  bureau  for  some  of  the  white  people 
in  this  country,  provided  that  bureau  has  a  sufficiently  strong  lock.  I  do 
not  advocate  this  plan,  so  far  as  the  majority  of  the  people  of  my  section 
of  the  State  is  concerned ;  for  we  do  have  people,  there,  who  differ  from 
me  in  politics,  that  can  entirely  divest  themselves  of  prejudice.  iTor  do 
I  accuse  the  majority  of  the  people  there, — even  of  the  ^' White  Man's 
Party," — of  an  inability  so  to  divest  themselves  of  prejudice  as  to  assist 
in  meting  out  impartial  justice.  But  there  have  always  been  a  few  out- 
laws, whose  character,  whose  antecedents,  and  whose  present  lives,  will 
not  permit  them  to  do  justice  either  to  the  colored  man  or  the  white.  So 
long  as  we  have  courts  who  will  decide  as  in  the  reported  case  which  I 
have  read,  so  long  must  we  have  a  Freedmen's  Bureau,  to  protect  the 
rights  of  the  colored  people. 
(  458  ) 


Feb.  Ist.]    AEKAXSAS  COXSTITrTIOXAL  COXYEXTIOy.   [21st  Bay. 


Continuance  of  Freedmen's  Bureau.— 3I0XTG0:\IERY— KYLE. 


Another  gentleman  [Mr.  ^Ioork]  savs  the  Freedrnen's  Bureau  is  the 
worst  calamity  that  ever  beft-ll  the  freedmen,  except  the  fact  of  their 
emancipation.  It  is  strange  there  are  a  few  men  left  il  could  not  go 
among  the  --AVhite  Man's  Party. to-day.  and  find  one-third  of  its  mem- 
bers, who  are  of  that  mind)  who  would  vote  for  the  re-establishment  of 
slavery.  But  there  are  gentlemen,  who,  despite  the  admission  of  the  vast 
majority  even  of  their  own  party,  will  claim  that  emancipation  was  a  ca- 
lamity,— that  because  men  are  now  given  their  rights,  because  they  are 
now  assured,  by  the  Government  of  the  United  States,  of  the  opportunity 
to  pursue  their  callings,  without  molestation,  for  their  own  benelit,  be- 
cause they  are  assured  of  the  enjoyment  of  life,  liberty,  and  the  pursuit  of 
happiness,  think  they  have  encountered  a  great  misfortune. 

Mr.  KT'LE.  I  rise  to  a  point  of  order.  I  submit  the  question  whether 
the  gentleman's  remarks  are  in  order.  The  question  of  slavery  is  not  now 
under  discussion  ;  and  I  think  the  gentleman  is  out  of  order. 

Mr.  MONTGOMERY  [Mr.  McUlure  in  the  chnrP^  I  think  so,  Mr. 
President. 

The  PRESIBEN'G  OFFICER.  The  gentleman  will  proceed,  then. 

Mr.  MOXTGOMERY.  As  we  have  more  important  business  to  attend 
to,  I  desire  only  to  submit  these  few  remarks  on  the  question  of  the  con- 
tinuance of  the  Freedmen's  Bureau.  I  will  not  detain  the  Convention 
any  longer. 

Mr.  KYLE.  Yesterday  evening,  I  did  desire  to  submit  to  the  Conven- 
tion a  few  words  on  the  question  then  under  consideration.  This  morn- 
ing, however,  I  feel  too  feeble  to  make  any  extended  remarks.  The  dis- 
cussion that  has  taken  place  has  been  upon  my  motion  to  strike  out  so 
much  of  the  Report  as  declared  that  the  freedmen  could  not  obtain  jus- 
tice in  the  State.  Yow,  it  will  be  observed  that  the  whole  discussion  has 
proceeded  as  though  the  motion  were  for  non-concurrence.  That  was 
not  my  motion.  It  was,  to  strike  out  that  portion  of  the  Report  which 
declared  that  freedmen  cuuld  not  obtain  justice  in  the  State — in  the 
courts  of  the  State — that  was  the  language.  The  Bureau,  it  will  be  re- 
membered, is  to  be  continued,  under  the  present  law,  until  the  first  of 
July  ;  and  I  did  not  propose  to  vote,  and  would  not  vote,  against  the  con- 
tinuance of  the  Bureau,  provided  it  be  thought  necessary  for  the  pro- 
tection-of  the  people  of  the  State.  But  I  do  hold  that,  so  far  as  my  obser- 
vation goes,  in  Southwestern  Arkansas  there  is  no  complaint,  and  could 
be  none,  witli  respect  to  a  denial  of  justice,  to  fi^eedmen,  by  the  courts. 
Justice  has  been  administered  to  them.  I  grant  there  may  be  a  few  iso- 
lated cases — or,  rather,  hen-and-chickens  cases,  if  you  please, — that  may 
be  adduced,  to  show  that  at  AVashington,  in  Hempstead  County, — or  in 
this  place,  where  a  negro  has  been  charged  with  stealing  a  few  sweet 
potatoes,— justice  has  been  denied.    But  where  is  that  array  of  talent  and 

(  -i59  ] 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Continuance  of  Freedmen's  Bureau.— KYLE— HINDS. 


influence  that  is  always  ready,  here,  to  defend  the  unfortunate  freedmari? 
Where  is  it  ?  They  could  not  come  to  the  rescue  of  a  poor  negro  who  had 
stolen  two  or  three  bushels  of  potatoes, — or  was  charged  with  so  doing, — 
to  see  that  he  should  receive  justice  !  It  seems  to  me  he  might,  and  ought, 
to  have  had  that  assistance.  As  to  the  case  from  White  County,  adduced 
from  the  books,  the  decision  of  the  Supreme  Court,  as  read  by  the  gen- 
tleman from  Hempstead  [Mr.  Montgomery],-  shows,  most  conclusively, 
that  the  Court  reversed  the  erroneous  decisions  of  the  court  below,  and 
did  mete  out  justice.  I  say,  they  did  give  justice..  These  jurors  whose 
answer  to  the  interrogatory  put  to  them  has  been  read,  were  most  culpa- 
ble. I  do  not  think  they  were  capable  of  being  good  jurors.  I  cannot 
speak  for  the  State.  It  may  be  that  it  is  necessary  that  this  statement 
should  appear  in  the  Report;  but  I  do  not  know  it  to  be  so,  and  I  do  not 
really  believe  it  to  be  so,  for  I  have  knowledge  of  the  transaction  of  the 
courts  in  the  region  of  the  State  where  I  live,  and  I  know  there  is  no  com- 
plaint on  that  score.  My  amendment  went  no  further  than  to  propose 
the  striking  out  of  that  passage  of  the  Report — not  to  oppose  the  continu- 
ance of  the  Freedmen's  Bureau. 

So  far  as  regards  the  amendment  of  the  gentleman  from  Chicot  [Mr. 
Mason],  who  wants  a  more  efficient  set  of  officers  in  the  Freedmen's 
Bureau,  I  accept  that.  I  think  that  is  well  enough.  I  know  that,  where 
I  live,  the  negroes  complain  they  do  not  get  justice  in  the  court  of  the 
Freedmen's  Bureau.  Some  of  them  thought,  when  I  was  elected  to  this 
Convention,  that  I  was  going  to  Washington  City,  and  said  to  me,  plainly, 
— I  wish  you  would  get  us  rid  of  this  Freedmen's  Bureau."  I  was  told 
so  by  many.  The  most  intelligent,  there,  desire  to  get  rid  of  the  Freed- 
men's Bureau,  and  think  they  can  stand  alone.  I  told  them  it  could 
not  be  done  until  after  reconstruction.  The  Bureau  may  be  necessary— 
I  think  it  is  necessary  ;  and  Congress  will  surely  continue  it  until  the 
State  is  reconstructed.  I  have  only  to  say,  in  reference  to  the  amendment 
which  I  proposed,  that  while  I  am  not  fully  informed  in  reference  to  the 
manner  in  which  justice  has  been  administered,  throughout  the  State,  I 
know  that  the  freedmen  in  my  part  of  the  country  have  had  no  occasion 
for  complaint,  and  have  made  none.  Hence,  I  submitted  the  amendment. 

Mr.  HINDS  \^The  President  in  the  chair. ~\  I  did  not  intend  to  have 
anything  more  to  say  on  this  subject.  But  as  the  gentleman  from  Dallas 
[Mr.  Kyle]  takes  the  position  that  the  freedmen  are  not  denied  justice  in 
the  courts  of  this  State,  and  as  I  have  had  some  experience  in  that  way, 
in  this  County,  in  which,  perhaps,  as  little  prejudice  is  manifested  as  in 
any  county  of  the  State,  I  desire  to  say  so  much  as  this.  Many  gentlemen 
are  aware  that  negro  testimony  was  excluded  from  the  courts  of  the  State, 
until  a  few  months  since.  Right  in  the  face  of  the  Acts  of  Congress,  re- 
quiring them  to  receive  such  testimony,  the  Courts  of  this  County — — 
(  460  ) 


Feb,  Ist.]    ARKANSAS  CONSTITUTIOJnTAL  CONYEJ^TIOJST.  [21st  Day. 


Continuance  of  Freedmen's  Bureau.— CYPERT— HINDS. 


Mr.  CYPERT.  In  order  that  the  gentleman  may  have  the  opportunity 
of  answering  the  suggestion,  I  call  his  attention  to  the  fact  that  the  laws 
of  Arkansas,  ever  since  it  has  been  a  State,  have  allowed  negro  testimony 
in  a  case  where  a  negro  was  defendant  and  the  State  the  prosecutor. 

Mr.  HINDS.  I  was  speaking  of  the  matter  with  reference  to  the  ques- 
tion of  giving  the  colored  population  equal  justice  with  others. 

I  resume  my  statement,  sir.  Right  here,  at  the  Capital  of  the  State, 
negro  testimony  was  refused  in  the  courts,  but. a  few  months  since;  and 
not  until  the  Justice  of  the  City  Court  was  arrested  for  refusal  to  receive 
such  testimony,  brought  before  the  United  States  Commissioner,  and 
bound  over  to  answer  at  the  next  term  of  the  United  States  Court,  has  such 
testimony  been  received.  Such  was  the  public  sentiment  in  this  County, 
I  may  say,  and  the  sentiment  of  the  courts,  certainly  up  to  a  very  recent 
period. 

Sir,  it  has  been  said  that  juries  are  prepared  to  give  justice  to  the  colored 
people,  equally  with  the  whites.  I  say  there  is  a  great  mistake  in  that 
assertion.  Such  a  prejudice  exists,  in  the  minds  of  the  people,  right  here, 
at  the  Capital  of  the  State,  that  they  can  not  do  justice  to  the  colored  popu- 
lation; and,  the  more  ettectually  to  prove  this,  I  will  recite  the  history  of 
a  case,  as  it  actually  occurred,  before  our  City  Court.  An  old  woman, 
nearly  seventy  years  of  age,  brought  a  civil  suit  against  one  of  the  citi- 
zens of  this  County,  for  seventeen  months'  labor  performed.  The  case 
was  submitted  to  a  jury.  There  was  no  offset,  and  no  discount.  There 
was  nothing  in  the  case,  but  the  naked  question  of  an  account  for  labor 
done"!  The  evidence,  given  by  three  or  four  witnesses,  was  directly  in 
favor  of  the  plaintiff's  claim.  The  testimony  of  all  the  witnesses  corre- 
sponded, in  every  particular.  The  witnesses  were  not  impeached.  Their 
testimony  went  before  the  jury;  the  jury  retired,  and  failed  to  agree.  The 
case  was  re-submitted,  to  another  jurj^,  and  with  the  same  result;  and  still 
to  a  third  jury.  I  will  say,  here,  that  the  fourth  jury  did  reach  a  result, 
upon  that  question,  on  which  there  was  no  ground  for  difference  of  opinion, 
by  any  man  willing  to  do  justice  to  the  colored  woman.  And  what  was 
the  result  ?  The  verdict  brought  in  by  that  jury  was, — ^N'o  cause  of  action ! 
That  is  the  kind  of  justice  that  is  meted  out  by  juries  in  the  Capital  of  the 
State  ! 

Sir,  I  undertake  to  say  that  such  a  prejudice  exists  toward  the  colored 
population,  that  justice  cannot  be  done  to  that  unfortunate  race.  There 
is  a  necessity  of  having  a  power  competent,  to  some  extent,  to  meet  cases 
where  the  people  of  the  State  are  unwilling  to  do  justice,  or  have  no  de- 
sire to  do  it.  Prejudice!  It  is  an  incontestable  fact,  that  in  this  County 
men  have  been  turned  out  of  house  and  home,  simply  for  the  reason  that 
they  voted  the  Radical  ticket,  as  they  call  it.  Many  instances  of  that  kind 
have  occurred.    Will  the  gentleman,  with  these  facts  staring  us  in  the 

(  461  ) 


1868.] 


DEBATES  AND  PE0CEEDI:N"GS  OF  THE 


[Saturday, 


Continuance  of  Freedmen's  Bureau.— HINDS— CYPERT. 


face,  pretend  to  say  that  justice  is  meted  out  alike  to  the  colored  man  and 
to  the  white,  as  it  should  be  ?  'No,  sir;  such  a  prejudice  exists  in  the  minds 
of  the  people,  here,  and,  I  believe,  elsewhere  in  the  State,  that  the  colored 
population  cannot  have  justice  done  them — at  least,  they  do  not.  And 
until  civil  government  is  restored,  until  such  government  is  established  in 
this  State,  as  will  clothe  the  freedmen  with  the  panoply  of  power,  I  under- 
take to  say  that  justice  cannot  be  administered  to  that  people,  in  our  courts. 
That  alone  can  be  the  saving  power.  If  this  Convention  shall  give  to 
them  the  same  rights  with  those  exercised  by  any  other  men,  there  will 
be  no  difficulty.  But  unless  that  is  done,  I  undertake  to  say  that  such  a 
prejudice  will  continue  to  exist,  that  these  people  cannot  receive  their  just 
rights,  before  the  courts. 

The  gentleman  from  Hempstead  [Mr.  Montgomery]  has  referred  to  a 
case  which  occurred  before  a  Justice  of  the  Peace,  a  mile  or  two  distant 
from  this  City,  upon  the  other  side  of  the  river.  I  am  informed  that  the 
facts  are  as  the  gentleman  states  them, — -that  the  party  placed  under 
arrest,  a  colored  man,  was  bound  over,  to  the  Court,  for  his  appearance, 
in  the  sum  of  a  thousand  dollars,  on  the  charge  of  stealing  three  bushels 
of  potatoes  !  An  execution  has  been  issued  against  his  property;  and  the 
property  has  been  sold.  It  may  be  that  some  explanation  can  be  presented, 
in  that  matter;  but  I  have  heard  of  none.  I  know  the  matter  v\^as  brought 
before  the  Bureau,  and  that  it  still  remains  the  subject  of  examination 
there.  I  know  there  are  courts  here,  I  know  there  are  judges,  before  whom 
freedmen  can  receive  justice.  I  undertake  to  say,  however,  that  that  is 
an  exception  to  the  general  rule.  Before  the  juries  of  this  State,  the  same 
justice  is  not  meted  out  to  the  colored  population,  that  is  given  to  other 
citizens.  'Nor  can  there  be,  in  this  country,  with  the  prejudice  that  exists 
in  the  minds  of  the. people,  unless  that  population  shall  be  clothed  with 
the  panoply  of  power  and  sovereignty,  indispensable  to  that  end. 

Mr.  CYPERT.  I  am  sorry  that  such  is  the  condition  of  our  country, 
that  prejudice, — I  mean  political  prejudice, — sways  the  minds  of  men,  to 
a  very  great  extent.  One  of  the  great  bulwarks  against  prejudice,  that 
was  established  by  the  founders  of  our  government,  was  that  of  the  Judi- 
ciary. It  was  supposed  that  that  branch  of  the  G-overnment  could  be  kept 
apart  from  political  strife  and  political  prejudice,  and  that  from  it  would 
emanate  a  purer  essence  of  justice.  But,  unfortunately  for  our  country, 
we  have  to  some  extent  corrupted  that  branch  of  the  Government,  with 
politics;  and  whenever  we  travel  outside  of  the  Constitution,  to  establish 
a  political  Judiciary,  we  are  sapping  the  foundations  of  civil  government. 
If  a  political  party  is  to  constitute  itself  the  judge  of  the  law,  if  a  political 
party  is  expected  to  mete  out  unbiassed  justice  to  its  opponents,  it  is  a 
mistake.  Human  nature,  under  such  circumstances,  inevitably  leads,  us 
astray.  Just  here  is  my  serious  objection  to  the  continuation  of  the  Bu- 
(  462  ) 


Feb.  1st.]    AEKAKSAS  CONSTITUTIOKAL  CONVENTIOlSr.  [21st  Bay. 


Continuance  of  the  Freedmen's  Bureau.-^CYPERT— HINDS. 


reau.  That  Bureau  emanated  from  a  political  party.  It  is  administered 
by  officers  of  a  political  party,  alone.  And  those  officers  are  selected,  and 
can  be  selected  only,  in  a  majority  of  cases,  from  the  members  of  a  single 
party.  Hence,  I  might  charge  upon  the  Bureau  an  utter  incompetency 
to  mete  out  unbiassed  justice  to  the  white  people  of  the  Southern  States. 
But  I  will  not  charge  it,  though  I  might  do  so  with  the  same  degree  of 
propriety  with  which  the  gentleman  [Mr.  Hinds]  makes  his  charge.  It 
is  unfortunate,  I  say,  that  these  prejudices  should  creep  into  our  courts  of 
justice.  But,  sir,  I  will  assert  that  the  Bureau  Agents  can  no  more  be 
divested  of  such  prejudices,  than  can  our  courts.  It  is  assuming  that  all 
the  honesty  of  Arkansas,  or  of  the  Southern  States,  is  embodied  in  a  single 
political  party,  to  say  that  the  courts  of  the  country  are  incapable  of  doing 
justice  to  any  class.  To  say  that  any  political  party  is  alone  capable  of 
divesting  itself  of  political  prejudice,  is  to  assume  for  themselves  more 
honesty  than  the  rest  of  the  world.  Now^  sir,  what  kind  of  honesty  do  we 
find  in  all  political  parties  ?  We  find  all  parties,  to  some  extent,  using 
illegitimate  means,  for  the  promotion  of  their  own  prosperity.  Possibly, 
sir,  the  gentleman  from  Pulaski,  who  last  spoke  [Mr.  Hinds],  may  be  to 
some  extent  possessed  of  this  party  prejudice.  He  may  not  be  able  to  do 
his  political  enemy  full  justice.  He,  probably,  like  myself,  does  not  know 
to  what  extent  his  political  bias  leads  his  mind.  However,  whether  from 
political  prejudice  or  not,  there  is  a  rumor,  in  this  country — I  am  not 
responsible  for  the  truth  of  it, — that  a  poor  negro,  who  had  been  sen- 
tenced to  the  Penitentiary,  in  the  State  of  Arkansas,  was  pardoned  by  the 
Governor,  and  that  that  pardon  was  kept,  for  weeks,  in  the  pocket  of  the 
gentleman  from  Pulaski,  without  the  release  of  the  man.  If  I  am  incor- 
rect, the  gentleman  will  correct  me — such  is  the  rumor. 

Mr.  HIiTDS.  I  will  correct  the  gentleman.  The  facts  to  which  he 
makes  allusion,  are  these.  I  procured  a  pardon  for  two  parties,  residents 
of  Drew  County, — an  old  man  of  seventy  years  of  age,  and  his  wife.  After 
procuring  the  pardons,  I  sent  for  the  man  (who,  it  seems,  had  been  given 
the  limits  of  the  City)  several  times,  to  have  him  come  to  my  office  and 
get  his  papers.  He  did  not  come,  for  several  weeks ;  and  when  he  did 
come  (my  friend  Grey,  I  believe,  was  in  the  room  at  the  time),  I  handed 
him  his  papers,  and  told  him  that  when  he  felt  able  to  pay  me,  he  could 
do  so.  Those  are  the  facts.  My  friend  from  Phillips  [Mr.  Grey],  who 
was  present  at  the  time,  is  here,  and,  I  believe,  can  substantiate  my  state- 
ment. I  sent  for  the  man,  several  times,  before  he  came.  It  seems  he 
was  inclined  to  like  the  Penitentiary,  and  had  received  such  favors  that  he 
was  not  disposed  to  leave  the  Institution,  during  the  inclement  season  of 
the  year,  [Laughter,] 

Mr,  CYPERT,  Will  the  gentleman  answer,  at  the  same  time,  another 
rumor,  coupled  with  the  first; — that  when  the  paper  was  obtained,  the 

(  463  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Saturday, 


Continuance  of  Freedmen's  Bureau.— HINDS— CYPEKT. 


man  was  informed  that  if  be  would  bring  ten  dollars,  he  could  have  the 
pardon  ? 

Mr.  HIl^DS.  'No,  sir;  I  am  not  in  the  habit  of  charging  ten  dollars— 
that  is  a  very  small  fee.  [Laughter.] 

Mr.  CYPERT.  Well,  sir,  the  gentleman  does  not  answer  the  question. 

But,  to  return  to  the  discussion  of  the  subject  before  us,  I  do  maintain 
that  the  courts  of  the  country  are  the  proper  sources  of  justice,  and  that 
when  they  fail  to  mete  it  out,  we  need  not  expect  to  attain  it  from  politi- 
cal organizations.  I  believe  the  courts  of  our  country  are  yet  pure  enough 
to  mete  out  equal  justice  to  every  man.  And  I  say  that  there  are,  among 
the  people,  prejudices,  growing  out  of  the  political  affairs  of  our  country, 
that,  but  for  the  courts,  would  prevent  the  meting  out  of  equal  justice. 
Hence  the  necessity  of  giving  to  the  courts  entire  jurisdiction  of  these 
matters. 

The  case  tried  in  White  County,  referred  to  by  the  gentleman  from 
Hempstead  [Mr.  Montgomery],  affords  evidence  of  the  truth  of  my  state- 
ment. But  for  the  interference  of  the  Supreme  Court  of  the  State,  in  all 
probability,  justice  could  not  have  been  rendered,  in  that  instance.  But 
I  will  refer  to  some  facts,  in  connection  with  that  case;  for  I  had  a  con- 
nection with  it  to  some  extent,  though  not  as  a  prosecutor,  further  than 
as  I  have  explained.  I  assisted  in  the  examination  of  the  witnesses  for 
the  defendant.  I  advised  with  the  principal  counsel  for  the  defendant,  as 
to  the  best  course  to  be  pursued  in  the  defence.  The  defendant's  attorney 
— the  leading  attorney  in  the  case — who  was  one  of  the  best  lawyers  in 
our  County,  saved  every  point  in  the  case,  in  order  to  its  determination 
before  the  higher  tribunal.  When  those  jurors  showed  themselves  pos- 
sessed of  the  prejudices  which  they  admitted,  they  were,  of  course,  dis- 
qualified. The  error  was,  in  a  want  of  legal  knowledge.  That  error  was 
properly  corrected,  by  taking  the  case  to  the  proper  Court  of  appeal, 
where  the  case  was  remanded  back,  for  a  new  hearing.  The  result  was, 
the  discharge  of  the  prisoner.  But  what  was  the  condition,  of  the  prisoner, 
during  all  this  time?  Hayward  Branch  was  the  prosecutor.  Dr.  Branch, 
his  brother,  Vhen  the  prisoner  was  committed  before  the  magistrate,  gave 
bail  for  him,  and  continued  responsible  during  two  terms  of  the  court,  for 
his  appearance;  when  the  case  was  finally  tried,  the  prisoner  found  guilty, 
and  sentenced  to  ten  years  in  the  Penitentiary.  He  was  still  bailed,  never- 
theless, for  his  appearance  before  the  Supreme  Court ;  where  he  was  ably 
defended,  the  decision  reversed,  the  man  got  justice,  and  was  discharged. 
I  see  nothing  in  the  history  of  this  case,  certainly,  to  indicate  that  the 
courts  of  the  country  are  not  more  competent  than  any  political  party,  to 
decide  questions  of  this  nature. 

Patrick  Henry,  once,  by  way  of  deriding  the  great  populace,  when 
looking  at  a  crowd  said, — "  Behold  the  expounders  of  the  Constitution  !" 
(  464  ) 


Feb.  1st.]    ARKANSAS  CONSTITUTIOlNrAL  CONYENTIOK  [21st  Day. 


Continuance  of  Treedmen's  Bureau.— CYPERT— HINDS. 


Ill  the  new  era  that  is  dawning  upon  our  Government,  I  might  say,  of 
many  whom  we  find  placed  in  quasi-judicial  positions  over  us, — "  Behold 
the  expounders  of  the  Constitution  !"  If  these  be  the  expounders  of  the 
Constitution,  I  say  we  have  no  Constitution ;  for  ignorance  and  vice  are 
never  capable  of  expounding  a  Constitution  which  was  meant  to  be 
founded  in  justice.  It  is  our  duty  to  keep  the  courts  as  far  as  possible  re- 
moved from  political  prejudices,  to  keep  them  as  far  as  possible  from  the 
reach  of  the  populace;  for,  as  1  have  intimated,  ignorance  and  vice  in- 
evitably creep  into  whatever  has  to  do  with  political  party.  I  am  satis- 
fied, from  the  remarks  of  gentlemen,  that  this  is  merely  a  political 
measure.  Justice  is  not  its  object.  What  arguments  are  used  in  favor 
of  the  perpetuation  of  this  Bureau  ? 

Mr.  HIKDS.  If  the  gentleman  will  allow  me  

Mr.  CYPERT.  Yes,  sir. 

Mr.  HES'DS.  I  do  not  think  any  gentleman  has  referred  to  this  prej- 
udice as  a  political  one,  but  as  existing  among  the  people — not  as  ap- 
plicable to  any  political  party.  I  do  not  think  anything  of  that  kind  was 
said.    I  did  not  say  it. 

Mr.  CYPERT.  If  the  accusation  strikes  at  the  body  of  the  people  of 
Arkansas,  I  have  to  say  that  they  certainly  form  a  political  party.  It 
strikes  at  the  masses  of  the  people  of  Arkansas,  and  declares  that  they 
will  not  give  equal  justice.  I  contend  that  the  courts  of  the  country  are 
the  proper  tribunals  to  mete  out  justice  to  individuals.  And  I  contend 
that  it  has  been  urged,  here,  and  so  stated, — not  in  these  words,  however, — 
that  it  was  for  a  particular  purpose,  and  to  satisfy  a  particular  necessity, 
that  this  movement  was  desirable.  What  was  that  purpose  ?  Until  when 
do  you  propose  to  continue  this  Bureau?  All  the  arguments  have  speci- 
fied a  particular  time  : — when  ? — until  the  ratification  of  the  Constitution, 
and  when  a  certain  political  party  shall  be  inaugurated  in  power.  "  We 
expect,"  say  gentlemen,  "  w^hen  the  Constitution  shall  be  inaugurated, 
that  a  particular  political  party  shall  be  placed  in  power ;  and  we  want 
this  Bureau,  to  aid  us."  I  think  that  is  the  argument.  A  political  party, 
then,  is  seeking  to  create  a  tribunal  which  will  be  a  power  in  their  hands, 
for  poUtical  purposes.    I  assert  that  to  be  the  case. 

Sir,  if  I  know  myself,  I  would  not  ask  the  courts  of  the  country  to  be 
of  my  political  party.  I  may  not  know  myself ;  but  if  I  do,  I  would  not 
ask  that  because  men  belong  to  my  political  party  they  should  be  made 
members  of  the  courts  of  the  country.  I  know  we  have,  in  this  Circuit, 
a  judge  of  my  political  faith;  and  he  is  esteemed  by  all  parties;  he  strives, 
when  upon  the  bench,  to  keep  politics  apart.  I  know  such  to  be  the  case 
in  other  circuits.  And  I  must  say  that  gentlemen  have  not  done  the 
Judge  of  this  Circuit  justice;  or  else,  they  are  very  ignorant  of  their 
rights  under  the  law,  or  they  would  have  applied,  in  the  case  wdiich  has 

30  (  465  ) 


1868.] 


DEBATES  Al^J)  PEOCEEDINGS  OF  THE  [Saturday, 


Continuance  of  Freedmen's  Bureau. — CYPEET, 


been  mentioned,  for  bail  for  the  prisoner,  fixed  at  a  reasonable  amount. 
Justices  of  the  Peace  do  not  always  understand  what  their  rights  are  ;* 
and  they  sometimes  commit  errors.  But  there  is  a  remedy.  If  a  magis- 
trate commits  a  party  to  jail,  in  default  of  an  unreasonable  amount  of 
bail  demanded,  I,  certainly,  should  petition  for  a  writ  of  habeas  corpus,  and 
have  him  bailed  in  a  reasonable  amount,  or,  if  wrongfully  detained,  re- 
leased. If  the  statement  be  true,  the  parties  have  mistaken  their  remedy. 
All  the  delay  that  has  taken  place,  has  resulted  from  the  application  to 
the  Bureau.  A  gentleman  complains  that  a  man,  arrested  for  larceny,  is 
to  be  held  in  durance  vile,  because  he  is  not  allowed  bail.  Why  cannot 
the  bail  be  had  ?  Why,  sir,  owing,  simply,  to  the  delay  resulting  from 
the  application  to  this  new  tribunal  called  the  Freedmen's  Bureau.  Had 
you  sued  out  a  habeas  corpus,  you  would  have  had  your  remedy  imme- 
diately, and  would  have  had  justice  meted  out,  b}^  a  man  above  all  con- 
siderations of  political  party. 

Why  do  I  say  that  these  Bureau  Agents  must  necessarily  come  from  a 
political  party  ?  Because,  sir,  they  have  to  take  oaths  that  not  many  of 
the  citizens  of  Arkansas  are  able  to  take.  Hence,  they  have  to  be  im- 
ported, or  to  be  selected  from  those  who  have  always  belonged  to  a  partic- 
ular political  party  in  the  State.  The  oath  prescribed  prevented  me  from 
acting  any  longer  in  that  capacity.  When  the  oath  was  sent  me,  I  in- 
formed General  Sprague  that  I  could  not  take  the  oath,  and  that,  of  course, 
my  connection  with  the  Bureau  would  cease.  And  I  repeat  that  not  many 
men,  not  belonging  to  a  certain  political  party  in  Arkansas,  could  take 
that  oath. 

I  will  ask  if  all  these  Bureau  Agents  do  not  in  fact,  belong,  to  a  certain 
political  party,  and  if  they  are  not  engaged  as  agents  in  the  work  of  that 
political  party  in  Arkansas.  I  think  every  one  of  them  is  in  the  service, 
and  active  agency,  of  that  party.  It  would  be  very  hard  for  me  to  say 
they  were  corruptly  so.  But  I  say  that  men  do  not  know  to  what  extent 
their  political  prejudices  influence  them.  And  for  that  reason  I  wish  to 
keep  these  cases  before  the  courts  of  the  country,  which  are  supposed  to  be 
more  pure.  The  very  case  referred  to  by  the  gentleman  from  Hempstead, 
is  the  only  argument  I  need,  in  order  to  bring  before  you  the  fact  of  the 
purity  of  the  courts  of  the  country,  and  that  they  ofler  the  best  oppor- 
tunity, to  all  classes,  to  obtain  justice.  I  have  known  cases  of  men  being 
arrested  by  the  Bureau,  denied  the  writ  of  habeas  corpus,  and  thrown  into 
prison.  I  have  known  men  to  be  put  in  the  Penitentiary,  and  kept  there 
for  some  months,  by  the  Military  Agency  here,  on  conviction  of  a  crime 
not  known  to  the  laws  of  the  land, — of  offences  unknown  to  the  statute- 
book,  and  unknown  to  the  Common  Law.  For  this  new-fangled  offence, 
a  man  was  convicted,  and  sentenced  to  many  months'  labor  in  the  Peni- 
tentiary; and  it  was  not  until  a  few  days  ago  that  he  was  released.  I  will 
(  466  ) 


Feb.  1st.]    AEKA:N"SAS  CONSTITUTIO^STAL  COXYENTIOX.  [21st  Day. 


Continuance  of  Freedmen's  Bureau.— CYPEET— HODGES  of  Pulaski. 


refer  to  the  offence  charged.  It  was  a  great  wrong,  and  a  very  foolish 
act, — a  thing  which,  as  a  man,  I  would  not  tolerate  :  but  unknown,  as  an 
offence,  to  the  laws  of  the  land.  The  man  had  an  old  United  States  flag, 
of  his  own.  The  Eegistration  officers  took  that  old  flag,  and  hung  it  from 
their  own  window,  to  show  the  location  of  the  office.  The  owner  came 
along,  took  down  the  flag,  and  tore  it  up.  Did  yoii  ever  know  that  to  be  a 
crime,  on  the  statute-books  ?  Y^et  the  man  had  to  serve  a  term  of  months, 
in  the  Penitentiary,  with  hard  labor,  for  that  offence.  I  say,  then, 
that  these  military  tribunals  do  not  always  administer  the  law.  They  are 
arbitrary.  The  man  to  whom  I  have  referred,  not  only  suffered  this  pun- 
ishment under  the  decision  of  the  tribunals  before  which  he  was  tried, 
but  before  his  trial,  was  held,  for  months,  in  a  guard-honse,  before  he  was 
tried.  I  opine  that  no  man  will  say  that  these  proceedings  were  in  ac- 
cordance with  the  law  of  our  land.  If  law  is  to  be  overridden  by  political 
party,  or  by  a  particular  branch  of  the  Government,  without  regard  to  the 
power  vested  in  co-ordinate  departments,  we  might  as  well  cease  all  efforts 
at  free  government,  and  agree  that  we  have  no  law, — that  we  are  either 
in  the  hands  of  a  mob,  a  junto,  or  a  despot. 

Mr.  HODGrES,  of  Pulaski.  I  rise  to  request  an  explanation.  If  I 
understand  the  gentleman,  he  was  unable  to  take  the  oath  required  of 
officers  of  the  Bureau,  and  thus  to  be  qualified  to  perform  the  duties  of 
his  office. 

Mr.  CYPEET.  Yes,  sir. 

Mr.  HODGES,  l^ow,  I  would  like  to  know  how  the  gentleman  could 
take  the  oath  as  a  registered  voter. 

Mr.  CYPEET.  I  will  explain  that.  The  oath  required  by  the  Bureau, 
was,  that  I  had  never  sought,  expected,  or  exercised  the  functions  of,  an 
office  in  any  government  inimical  to  the  Government  of  the  United  States, 
and  had  given  no  aid  or  comfort  to  the  rebellion.  But  the  oath  prescribed 
by  the  Eegistrars  was,  that  I  had  never  held  an  office  under  an  oath  to 
support  the  Constitution  of  the  United  States,  and  afterward  violated  it  by 
going  into  rebellion.    Do  you  see  the  difference  ? 

Mr.  HODGES.  I  would  like  to  ask  a  question  in  regard  to  the  Consti- 
tutional Convention  of  '61.  Were  the  members  of  that  body  required 
to  take  any  oath  ? 

Mr.  CYPEET.  is^o,  sir. 

A  MEMBEE  [in  his  seat.']  Was  it  not  an  office  ? 

Mr.  CYPEET.  They  took  no  oath.    It  was  not  considered  an  office 
under  the  Constitution. 
Mr.  HODGES.  Was  it  considered  an  office  ? 

Mr.  CY^PEET.  I  do  not  know  whether  it  was  considered  an  office. 
Mr.  HODGES.  I  think  that  in  the  oath  prescribed  by  the  Reconstruction 
Acts,  a  man  must  swear  that  he  has  not  held  an  office,  and  afterwards 

(  467  ) 


1868.] 


DEBATES  AND  PEOCEEDIJSTGS  OF  THE 


[Saturday, 


Continuance  of  Freedmen's  Bureau.— CYPERT— HODGES  of  Pulaski. 


engaged  in  insurrection  or  rebellion  against  the  United  States,  or  given 
aid  or  comfort  to  its  enemies. 

Mr.  CYPERT.  I  know  what  the  oath  was.  That  is  a  question  to  he 
discussed  elsewhere.  I  am  responsible  for  what  I  did  swear,  at  any  time. 
I  will  state,  to  show  every  gentleman  that  I  did  not  dodge  the  question, 
that  I  went  before  the  Registrars,  and  stated  the  case  fully.  They  hesi- 
tated, and  asked  time  for  advisement.  I  then  made  out  my  statement  in 
writing,  to  be  forwarded  to  General  Ord, — setting  forth  that  I  had  not 
held  any  office  disqualifying  me  from  voting,  unless  the  fact  of  my  having 
held  the  position  of  member  of  the  State  Convention  which  passed  the 
Ordinauce  of  Secession,  could  be  construed  as  having  constituted  me  a 
member  of  a  State  Legislature.  It  was  decided,  that  that  Convention  was 
not  a  State  Legislature,  since  the  "Legislature"  was  a  term  distinctly 
delined  by  our  Constitution,  was  a  body  composed  of  two  houses,  and 
requiring,  as  a  condition  of  membership,  certain  qualifications.  The  Con- 
vention was  a  legislative  body,  I  will  admit ;  but  the  language  of  the 
oath  was,  a  "  State  legislature." 

Mr.  HODGES,  of  Pulaski.  I  would  like  to  ask  whether  the  opinion  of 
General  Ord  is  better  authority  than  that  of  Attorney-General  Stanbery? 

Mr.  CYPERT.  I  do  not  know  whether  it  is  or  not,  sir.  I  presume  that 
Congress  left  the  determination  of  the  question,  upon  information  of  the 
facts,  entirely  in  the  minds  of  the  Registrars;  and  upon  my  statement  of 
the  facts,  they  decided  that  I  was  entitled  to  registration.  I  understand 
that  to  be  the  meanhig  of  Congress.  I  did  not  wish  to  mislead  the  Regis- 
trars; and  hence  I  filed  my  statement  in  writing,  setting  forth  the  facts. 

Mr.  HINDS.  I  would  like  to  hear  General  Ord's  opinion  upon  the 
subject. 

Mr.  CYPERT.  I  did  not  know  what  General  Ord's  opinion  was.  I 
know  I  was  informed,  by  the  Registrars,  that  I  could  register.  I  was 
told,  however,  by  a  gentleman,  that  General  Ord,  in  reply  to  the  question 
propounded  to  him,  answered  that  the  Registrars  were  competent  judges 
— that  they  were  their  own  judges  on  that  subject. 

Bat  that  is  getting  a  great  way  ofi'  the  question ; — and,  indeed,  gentle- 
men have  pumped  a  great  many  things  into  me,  that  I  would  not  otherwise 
have  let  out;  and  if  an  unnecessary  delay  has  been  caused,  the  fault  is  not 
mine,  but  theirs  ! 

J  have  but  one  more  remark  to  make  ;  and  that  by  way  of  summing  up 
my  objections  to  the  whole  Memorial.  That  the  Freedmen's  Bureau,  in 
my  opinion,  is  not  a  proper  tribunal  to  mete  out  justice,  to  any  class:  that 
the  courts  of  the  country  are  in  every  respect  superior :  and  if,  in  advocating 
the  continuance  of  the  Bureau,  gentlemen  are  seeking  the  attainment  of 
political  ends,  then  for  that  reason  alone,  if  for  no  other,  it  ought  never  to 


(  468  ) 


Feb.  1st.]    AEKANSAS  CONSTITUTIOlSrAL  CO^s^YENTIOK  [21st  Day. 


Continuance  of  Freedmen's  Bureau.— MALLORY— KYLE— BEASLEY— MOORE. 


be  perpetuated  by  law.    l^o  measure  ought  to  be  forced  on' any  people, 
that  is  merely  to  serve  the  purpose  of  a  political  party. 
Mr.  MALLORY.  I  move  the  previous  question. 

The  vote  was  taken ;  and  the  Convention  ordered  the  main  question  to 
be  put. 

Mr.  KYLE.  The  Chair  understands  that  the  amendment  of  the  gentle- 
man from  Chicot  [Mr.  Mason]  has  been  accepted  by  myself? 

The  PRESIDENT.  The  question  will  be  upon  the  amendment  as 
amended. 

Mr.  MALLORY  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  negative,— Yeas  24, 
]N"ays  37,  as  follows : 

Yeas:  Messrs.  Beasley,  Bradley,  Cypert,  Duvall,  Gantt,  Harrison, Hawkins, 
Hoge,  Kyle,  Matthews,  Merrick,  Misner,  Mason,  Moore,  Norman,  Owen, 
Puntney,  Reynolds,  Rounsaville,  Shoppach,  Yan  Hook,  Walker,  Wilson,  and 
Wright— 24. 

Nays  :  Messrs.  Bell,  Brashear,  Brooks,  Dale,  Evans,  Exon,  Gray  of  Jeffer- 
son, Grey  of  Phillips,  Hatfield,  Hinds,  Hinkle,  Hodges  of  Pulaski,  Houghton, 
Hutchinson,  Johnson,  Langley,  Mallory,  Millsaps,  Montgomery,  Murphy,  Mc- 
Clure,  Oliver,  Portis,  Priddy,  Rawlings,  Rector,  Sams,  Samuels,  Sarber,  Scott, 
Sims,  Smith,  Snyder,  White,  Williams,  Wyatt,  and  the  President — 37. 

So  the  amendment  was  rejected. 

Pending  the  call  of  the  roll: 

Mr.  BEASLEY  asked  if  a  further  amendment  would  be  out  of  order. 
The  PRESIDENT.  It  would. 

Mr.  BEASLEY.  I  wish  to  except,  from  the  operation  of  the  amend- 
ment, the  Freedmen's  Bureau  Agent  in  our  County  [Columbia.]  He  is  a 
very  gentlemanly  man,  and,  I  believe,  metes  out  justice  to  all  parties. 

Mr.  MOORE  (when  his  name  was  called)  was  understood  to  say:  I  wish 
to  ask  if  voting  down  the  amendment  will  have  the  effect  of  representing, 
to  the  United  States  Government,  that  we  do  not  want  the  officers  of  the 
Bureau  to  be  honest  and  efficient  men. 

The  PRESIDENT'S  reply  was  not  heard  by  the  Reporter. 

Mr.  MOORE  rejoined :  Then  I  vote  aye. 

The  vote  was  then  announced  as  above. 

The  question  recurring  upon  the  adoption  of  the  Report  and  Memorial, 
Mr.  MONTGOMERY  asked  for  the  yeas  and  nays. 

(  469  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Saturday, 

Continuance  of  Preedmen's  Bureau.— GENEEAL  DEBATE. 


The  yeas'and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
43,  E'ays  17,  as  follows  : 

Yeas  :  Messrs.  Bell,  Brashear,  Brooks,  Dale,  Evans,  Exon,  Gray  of  Jefferson, 
Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges  of 
Pulaski,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Mer- 
rick, Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Portis,  Priddy,  Eawlings, 
Eector,  Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  White, 
Williams,  Wyatt,  and  the  President — 43. 

!N"ays  :  Messrs.  Beasley,  Bradley,  Cypert,  Duvall,  Gantt,  Hoge,  Matthews, 
Misner,  Moore,  ^^"orman,  Puntney,  Eeynolds,  Shoppach,  Yan  Hook,  Walker, 
Wilson,  and  Wright — 17. 

So  the  Report  and  Memorial  were  adopted. 
Pending  the  call  of  the  roll  : 

Mr.  BEASLEY  (when  his  name  was  called)  said :  A  word,  before  I 
vote,  sir.  I  hate  to  be  dissected,  in  this  style,  before  my  friends.  I  am 
anxious  to  vote  for  the  continuance  of  the  Freedmen's  Bureau;  but  I  can- 
not vote  for  the  Memorial,  with  the  clause  in  it  relating  to  the  denial  of 
justice  to  freedmen. 

The  SECRETAPvY.  Mr.  Beasley." 

Mr.  BEASLEY.  l^o  I  That  is  Beasley's  vote ! 

Mr.  BRADLEY  (when  his  name  was  called)  said :  Since  we  have  voted 
that  we  do  not  want  houest  Bureau  Agents,  I  shall  vote  ^o. 

Mr.  DUYALL.  As  we  have  the  Bureau,  now,  and  there  seems  to  be  a 
general  complaint  that  the  freedmen  cannot  get  justice,  I  shall  vote  !N"o, 
to  see  if  they  will  not  be  able  to  obtain  it  in  the  civil  courts. 

Mr.  GREY,  of  Phillips  (when  his  name  was  called),  said  :  I  will  simply 
state  that  I  have  no  objection  to  the  resolution  calling  for  honest  and 
efficient  Bureau  Agents;  for  Grod  knows  we  want  more  of  them;  but  as 
to  the  continuance  of  the  Bureau,  I  am  in  favor  of  it;  and  hence  I  vote 
Aye. 

Mr.  HODGES,  of  Pulaski  (when  his  name  was  called),  said :  As  ex- 
planation is  the  order,  I  will  say,  that  in  order  that  colored  men  through- 
out the  State  may  have  ample  justice,  I  shall  vote  Aye ;  and  by-and-by  I 
shall  vote  for  the  ratification  of  the  Constitution,  that  they  may  have  jus- 
tice done  them  before  the  civil  authorities. 

Mr.  HOGE  (when  his  name  was  called)  said  :  I  wish  to  denounce  that 
preamble  as  false,  so  far  as  regards  my  County  [Washington.] — I^o. 

Mr.  MASO]^  (when  his  name  was  called)  said  :  I  shall  have  to  vote  i^o. 
I  am  in  favor  of  the  continuation  of  the  Bureau ;  but  the  Convention  has 
decided  that  it  does  not  want  anymore  honesty  in  it;  and  under  those 
circumstances  I  must  vote  against  the  Memorial. 
(  470  ) 


Feb.  1st.]    AEKAXSAS  COXSTITUTIOXAL  CONYENTIOK   [21st  Day. 


Impeachment  and  Eemoval  from  Office — Organization  of  Government  of  Cities  and  Villages. 


The  PEESIDEXT.  The  Chair  will  state  that  that  point  has  not  been 
decided  by  the  Convention. 

Mr.  HODGES,  of  Pulaski.  I  hope  nobody  has  so  little  conception  of 
the  nature  of  the  action  which  has  been  taken,  as  to  understand  the  Con- 
vention to  have  voted  that  they  did  not  want  honest  and  efficient  officers 
in  the  Bureau.  It  has  been  decided,  simply,  to  pass  upon  the  merits  of 
the  main  proposition. 

Mr.  SAEBER  (when  his  name  was  called)  said :  I  do  not  know  that  I 
can  speak  from  a  practical  knowledge  of  the  action  of  the  Bureau  in  our 
State,  as  we  have  had  no  Agency  in  my  own  section  ;  but  having  confidence 
in  the  ability  and  integrity  of  the  Committee  which  has  reported  the  facts, 
I  will  vote  Aye. 

Mr.  YAX  HOOK  (when  his  name  was  called)  said:  As  I  know  that 
the  freedmen  have  had  justice  in  the  courts  of  my  County,  I  shall  vote  l^o. 

Mr.  ]\IASOX.  I  believe  I  will  change  my  vote,  and  vote  Aye.  [Ap- 
plause.] 

The  vote  was  then  announced  as  above. 

IMPEACHMENT,  AND  EEMOVAL  FROM  OFFICE — AGAIN. 

The  PEESEDEXT  announced  as  the  business  next  in  order,  a  special 
order  of  the  day,  being  the  consideration  of  the  Eeport  of  the  Committee 
on  Impeachment,  and  Eemoval  from  Office. 

Mr.  SMITH  moved  that  the  Eeport  be  referred  to  the  Committee  on 
the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken;  and  the  motion  was  agreed  to. 

BOUNDARIES — AGAIN. 

The  PEESIDE^N'T  announced  as  the  business  next  in  order,  the  con- 
sideration of  a  special  order  of  the  day,  being  the  consideration  of  the 
Eeport  of  the  Committee  on  Boundaries. 

Mr.  SAEBEE  moved  that  the  Eeport  be  referred  to  the  Committee  on 
the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

ORGANIZATION  OF  GOVERNMENT  OF  CITIES  AND  VILLAGES — AGAIN. 

The  PEESIDEXT  announced  as  the  business  next  in  order,  a  special 
order  of  the  day,  being  the  consideration  of  the  Eeport  of  the  Committee 
on  Organization  of  Government  of  Cities  and  Villages. 

(  471  ) 


1868.] 


DEBATES  A^^D  PEOCEEDIJSrGS  OF  THE  [Saturday, 


Amendment  and  Kevision  of  Constitution — Freedmen's  Bureau — Limitation  of  Debate. 


Mr.  MO^TTGOMERY  moved  that  the  Report  be  referred  to  the  Com- 
mittee on  the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

AMENDMENT  AND  REVISION  OF  CONSTITUTION — AGAIN. 

The  PRESIDEISTT  announced  as  the  business  next  in  order,  the  con- 
sideration of  the  Report  of  the  Committee  on  Amending  and  Revising 
Constitution. 

Mr.  MONTGOMERY  moved  that  the  Report  be  referred  to  the  Com- 
mittee on  the  Constitution,  its  Arrangement  and  Phraseology.  ^ 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

CONTINUANCE  OF  FREEDMEN'S  BUREAU — AGAIN. 

Mr.  HIKDS.  I  desire  to  say  one  word  in  explanation,  in  regard  to  the 
Freedmen's  Bureau.  So  far  as  the  Court  of  this  Circuit  is  concerned,  I 
wish  to  say  that  at  no  time  has  colored  testimony  been  refused.  Other 
courts,  however,  have  persistently  refused  that  class  of  testimony.  I  say 
this  injustice  to  the  Court  of  this  Circuit. 

ADJOURNMENT. 

Mr.  MOOTGOMERY  moved  that  the  Convention  adjourn  to  10  o'clock, 
A.M.,  of  Monday,  February  3d. 

Mr.  CYPERT.  I  wish  to  give  notice  that,  with  a  view  to  expedite  busi- 
ness, I  shall,  on  Monday  morning,  move  that  the  Convention  adjourn, 
sine  die,  on  the  following  Saturday. 

LEAVE  OF  ABSENCE. 

By  consent, 

Mr.  GANTT  asked  leave  of  absence  for  Monday,  February  3d. 

ISTo  objection  being  made, 
Leave  was  granted. 

LIMITATION  OF  DEBATE — AGAIN. 

By  consent, 

Mr.  WILSOE  gave  notice  that  on  Monday  following  he  should  move 
to  restrict  speeches  to  ten  minutes  each. 


(  472  ) 


Feb.  1st.]     AEKAXSAS  COXSTITniOXAL  COSTESTIOS.  [21st  Dav. 


Leaves  of  Absence. 


LEAVES   OE  ABSENCE. 

By  consent : 

Mr.  HUTCHES  SOX  asked  leave  of  absence  for  Monday.  February  3d. 

ZSTo  objection  being  made. 
Leave  was  granted. 

Messrs.  MOXTC-^OMEEY.  EVAXS.  BEOOKS.  and  DAEE.  respectively, 
asked  leave  of  absence. 

Xo  objection  being  made. 

Leave  was  in  each  case  granted.  • 

Mr.  MO  GEE  asked  leave  of  absence  for  Mr.  Hicks. 

Xo  objection  being  made. 

Leave  was  granted.  -  - 

A  D  .J  rj  U  E  N  M  E  N  T — R  E  S  U  M  E  D . 

Mr.  SAEBEE.  As  several  gentlemen  wish  to  be  absent  from  the  city, 
on  Monday.  I  move,  as  an  amendment,  that  we  adjourn  to  10  o'clock  a.m.. 
of  Tuesday  morning  next. 

Mr.  CYEEET  \jn  hi^s  seat.^  Xo  :  let  us  meet,  and  try  to  go  on  with  our 
business. 

Mr.  KYLE  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken:  and  it  was  decided  in  the  negative. — Yeas  14, 
In  ays  43.  as  follows  : 

Yeas  :  ^Messrs.  Brashear.  Gantt.  IMason.  IMontgomery.  !M!cCliire.  Xorman. 
Eector.  Sarber.  Shoppach.  Sims.  Snyder,  ^hite.  ♦^yatt.  and  the  President — 14. 

Xays  :  Messrs.  Beasley.  Bch.  Bradley.  Brooks,  Corbeh,  Cyperr.Bale.  Diivall 
Fxon.  Gray  of  Jetferson.  Grey  of  Phillips.  Harrison.  Hatneld.  Hawkins.  Hinds. 
Hinkle.  Hodges  of  Pulaski.  Hoge.  Houghton.  Hutchinson.  Johnson.  Kyle.  Lang- 
ley.  Alatthews.  Hisner.  3Iillsaps.  Aloore.  Oliver.  Owen.  Portis.  Priddy.  Puntney. 
Eawhngs.  Eeynolds.  Eonnsaville.  Sams.  Samuels.  Smith.  Scott.  Tan  Hook, 
Walker,  Wilson,  and  Wright— 43. 

JSo  the  Convention  refused  to  adjourn  to  Tuesday  morning. 

LEAVES   OE  ABSENCE. 

Before  the  vote  was  announced : 

Mr.  MALLOEY  inquired  of  the  Presidext  whether,  after  the  number 
of  leaves  of  absence  granted,  a  quorum  wonld  remain,  for  the  transaction 
of  business. 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Leaves  of  Absence. 


The  PRESIDENT.  If  not,  the  Convention  will  not  hold  a  session. 
Mr.  SMITH.   I  may  be  here  on  Monday;  but  it  is  possible  I  may 
not ;  and  I  therefore  ask  leave  of  absence. 
No  objection  being  made, 
Leave  v^as  granted. 

Messrs.  SAEBER,  DALE,  and  SIMS,  respectively,  asked  leave  of 
absence  for  Monday. 

No  objection  being  made, 
Leave  was  granted. 

Mr.  MATTHEWS.  I  give  notice  that  I  shall  object,  if  any  other  gentle- 
man shall  ask  leave  of  absence. 

Mr.  WILLIAMS  asked  leave  of  absence  for  Monday. 

The  question  was  taken  on  granting  leave  of  absence  to  Mr.  Williams  ; 
and,  a  majority  voting  in  the  affirmative,  leave  was  granted. 

Mr.  WYATT  asked  leave  of  absence  for  Monday. 

Objection  being  made. 

The  question  was  taken  on  granting  leave  of  absence  to  Mr.  Wyatt  ; 
and,  a  majority  voting  in  the  affirmative,  leave  was  granted. 

Mr.  RECTOR  asked  leave  of  absence  for  Monday. 

Objection  being  made. 

The  question  was  taken  on  granting  leave  of  absence  to  Mr.  Rector  ; 
and,  a  majority  voting  in  the  affirmative,  leave  was  granted. 

Mr.  HINDS.  It  is  now  evident,  from  the  number  of  leaves  of  absence 
granted,  that  there  will  hardly  be  a  quorum  present,  on  Monday :  and  I 
move  that  all  the  leaves  granted  be  revoked. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

The  question  recurring  upon  the  motion  to  adjourn  to  10,  a.m.,  of  Mon- 
day, February  3d, 

The  PRESIDENT  announced  the  question,  and  called  for  the  vote,  when 
Mr.  BROOKS  asked  for  a  division  of  the  question. 
Mr.  BRADLEY  asked  for  the  yeas  and  nays. 
The  PRESIDENT.  The  calls  come  too  late. 

The  question  was  then  taken ;  and  the  motion  was  agreed  to ; 
And  thereupon,  at  12.45,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Monday,  February  3d. 
(  474  ) 


Feb.  1st.]    AEKAI^SAS  COIS^STITUTIONAL  CONYElSl  TIOK  [21st  Day, 


Leave  of  Absence — Messenger  to  District  Headquarters — Adjournment. 


TWENTY-SECOND  DAY. 

Monday,  February  M,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called,  and  the  following  members  answered  to  their  names  : 

Messrs.  Beasley,  Belden,  Bell.  Bradley,  Brash  ear,  Brooks,  Coates,  Corbell, 
Cypert,  Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  PhillijDS, 
Harrison,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis,  Hodges  of  Pulaski, 
Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason, 
Matthews,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  Mc- 
Clure,  Moore,  JN'orman,  Oliver,  Owen,  Poole,  Portis,  Priddy,  Puntney,  Eawl- 
iugs,  Eector,  Eeynolds,  Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Shoppach, 
Sims,  Smith,  Suyder,  Yan  Hook,  Walker,  Wilson,  White,  WilUams,  Wright, 
Wyatt,  and  the  President. 

Absent  with  leave  :  Mr.  Hodges  of  Crittenden. 

A  quorum  of  the  members  of  the  Convention  having  answered  to.  their 
names : 

The  Jouriml  of  the  preceding  day  was  read  and  approved. 

LEAVE  OF  ABSENCE. 

Mr.  DUA^ALL  asked  leave  of  absence  till  Thursday,  February  6th. 

ITo  objection  being  made, 
Leave  was  granted. 

MESSENGER  TO  DISTRICT  HEADQUARTERS — AGAIN. 

The  PEESIDENT  laid  before  the  Convention  a  telegram  from  Mr. 
Hodges,  of  Crittenden,  dated  Yicksburgh,  Mississippi,  announcing  his 
arrival,  in  the  capacity  of  messenger  of  the  Convention,  at  Headquarters 
Fourth  Military  District,  with  a  statement  of  the  progress  of  his  mission 
to  the  General  commanding,  respecting  the  pajanent,  from  the  Treasury, 
of  the  sum  appropriated  to  defray  the  expenses  of  the  Convention. 


ADJOURNMENT. 

Mr.  MALLOEY  presented  the  following  resolution  : 

Resolved  :  That  this  Convention  do  adjourn  until  next  Wednesday  morning 
at  ten  o'clock,  for  the  purpose  of  giving  the  Committees  time  to  complete  their 
work  and  report  to  this  Convention. 

'      (  4Y5  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Banking,  and  Corporations  other  than  Municipal. 


The  question  was  taken  ;  and  the  resolution  was  adopted  ; 
And  thereupon,  at  11,  a.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Wednesday,  February  5th.* 


TWENTY-THIRD  DAY. 

Wednesday,  February  Uh^  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called ;  and  the  following  members  answered  to  their 
names : 

Messrs.  Beasley,  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  Corbell, 
Cypert,  Dale,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips,  Harri- 
son, Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis,  Hodges  of  Pulaski,  Hoge, 
Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Matthews, 
Merrick,  Misner,  Millsaps,  Montgomery,  McCown,  McClure,  Moore,  I^orman, 
Oliver,  Owen,  Poole,  Portis,  Priddy,  Puntney,  Eawlings,  Eector,  Eeynolds, 
Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  Yan  Hook, 
Walker,  Wilson,  White,  Williams,  Wright,  Wyatt,  and  the  President. 

Sick  :  Mr.  Shoppach. 

Absent  with  leave  :  Messrs.  Duvall,  and  Hodges  of  Crittenden. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names  : 

The  Journal  of  the  preceding  day  was  read  and  approved. 

BANKING,  AND  CORPORATIONS  OTHER  THAN  MUNICIPAL — AGAIN. 

The  special  orders  of  the  day,  being,  first,  the  consideration  of  the 
Report  of  the  Committee  on  Banking,  and  Corporations  other  than  Muni- 
cipal, being  in  order, 

Mr.  HI^fDS  moved  that  the  Report  be  referred  to  the  Committee  on  the 
Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

^  Note,  A  colloquy  ensued  (the  President  remaining  in  the  Chair),  after  the  announce- 
ment of  the  vote  of  adjournment, — between  Messrs.  Cypert  and  Wilson,  and  the  President, 
respecting  a  proposition  of  Mr.  Cypert,  for  afternoon  meetings  of  committees,  and  cessation 
of  debate,  with  a  view  to  the  dispatch  of  business  ;  Mr.  Cypert  stating  that  he  had  endeavored 
to  obtain  the  floor  before  the  announcement  of  the  vote.— Reporter. 
(  476  ) 


Feb.  5th.]    AEKA^sTSAS  CONSTITUTIO^sTAL  CONYEIsTIOK    [23d  Day. 


Education — Keport  of  Committee  on  Penitentiary. 


EDUCATION. 

9 

The  special  order  of  the  day,  next  in  order,  being  the  consideration  of 
the  Report  of  the  Committee  on  Education, 

Mr.  HINDS  moved  that  the  Report  be  referred  to  the  Committee  on 
the  Constitution,  its  Arrangement  and  Phraseology. 

The  question  was  taken;  and  the  motion  was  agreed  to. 

PENITENTIARY — AGAIN. 

1^0  petitions,  and 

'No  reports  of  standing  committees  being  presented,  and 
Reports  of  select  committees  being  in  order, 

Mr.  McCLURE,  on  behalf  of  the  Committee,  presented  the  following 

REPORT  OF  COMMITTEE  ON  PENITENTIARY. 

Your  Committee,  after  thorough  examination,  beg  leave  to  submit  the  fol- 
lowing Report  in  relation  to  the  Penitentiary : 

In  the  year  1859  the  Penitentiary  of  the  State  of  Arkansas  was  a  non-paying 
institution — a  thing  that  the  State  knew  not  what  to  do  with.  The  General 
Assembly,  at  that  time,  when  all  articles  of  food  and  clothing  were  an  hundred 
per  cent,  lower  than  they  are  now,  by  a  joint  resolution  contracted  as  follows  : 
"  That  the  Governor  be  authorized  to  pay  the  said  Alexander  George  and  John 
Robins  the  sum  of  thirty-five  cents  per  day  for  keeping  the  State  convicts  from 
the  25th  day  of  January,  1859,  until  another  contract  be  entered  into,  and  that 
the  Governor  be  authorized  to  draw  such  amount  from  the  State  Treasury." 

This  same  act  provided  "That  the  Governor  of  this  State  be  and  is  hereby 
authorized  and  required  to  contract  with  some  suitable  person,  or  persons, 
up07i  the  terms  hereinafter  stated,  until  the  year  1862,  upon  the  best  terms,  to 
be  paid  annually  into  the  State  Treasury."  The  contractors  were  to  give  bond 
in  the  sum  of  $100,000,  conditioned  "that  the  said  convicts  shall  be  safely  kept, 
subsisted,  comfortably  clothed,  humanely  treated,  and,  when  sick,  to  be  furnished 
with  all  necessary  medicines  and  medical  attendance  and  suitable  diet  for  sick 
persons,"  from  the  date  of  the  contract  until  the  close  of  the  session  of  the  General 
Assembly  of  free  from  all  expense  to  the  State.  This,  from  all  your  Committee 
can  ascertain,  was  the  first  attempt  to  make  the  convict  labor  sustain  the  expense 
of  subsistence.  The  General  Assembly,  in  its  arrogated  wisdom,  presumed  that 
fortunes  were  being  made  by  the  contractors,  and  authorized  the  Governor  to 
advertise  for  sealed  proposals.  The  Governor  advertised  in  every  paper  then 
in  the  State,  for  proposals,  under  the  restrictions  above  recited;  and,  in  the  lan- 
guage of  that  official,  "not  one  single  bid  was  made  by  any  person  or  persons." 
Thus,  it  seems  that  in  1859  no  person  or  persons  could  be  found  in  the  State, 
who  would  support  and  take  charge  of  the  convicts  for  their  labor.    The  State, 

(  477  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 


Eeport  of  Committee  on  Penitentiary. 


therefore,  was  compelled  to  pay  the  contractors  about  $17,000  per  annum,  to 
take  charge  of  and  safely  keep  the  Penitentiary.  This  question,  thqp,  naturally 
arises :  How  can  the  present  contractor,  at  the  advanced  rates  now  paid  for 
everything,  take  a  contract  similar  to  that  of  1859,  and  live  ?  We  confess  our- 
selves unable  to  answer,  unless  the  progress  of  invention,  and  economy  in  ex- 
penditures, are  relied  upon  by  the  present  contractor. 

Your  Committee,  in  reply  to  the  interrogatories,  state  that  the  lease  is  for 
fifteen  years.  That  it  was  a  legal  assemblage  of  men,  called  a  General  Assem- 
bly, your  Committee  have  no  doubt.  Whether  the  General  Assembly  was  op- 
posed to  reconstruction,  is  a  question  that  may  be  answered  by  a  recital  of  the 
following  facts:  1st.  They  spent  $10,000  in  drunkenness  and  debauchery  with 
Andrew  Johnson  at  the  city  of  Washington;  which  transaction  your  Committee 
regards  with  suspicion.  2d.  They  attempted  hy  legislation  to  legalize  "  Confed- 
erate money  "  and  "war  bonds,"  that  the  poor  of  the  State  should  be  defrauded  of 
their  interest  in  the  school  lands.  3d.  They  squandered  $269,000  of  the  money 
belonging  to  the  State,  in  an  extravagant  and  lascivious  manner.  4th.  They 
refused  to  adopt  the  proposed  amendment  to  the  Constitution,  known  as  the 
XIV  Article  to  the  Constitution;  and,  in  a  manner  better  becoming  brigands 
than  legislators,  treated  the  same  with  contempt.  5th.  That  they  passed  many 
enactments  that,  in  the  opinion  of  your  Committee,  no  loyal  body  of  men  would 
do.  6th.  That  General  Ord  forbade  them  assembling,  and  thereby  saved  to  the 
State  an  unknown  amount  of  money,  of  which  it  would  have  been  defrauded. 

In  the  opinion  of  your  Committee,  the  State  of  Arkansas  have  not  loaned 
any  money  to  the  firm  of  Hodges,  Peay,  &  AlifF.  The  sum  of  $38,275,  that  the 
State  authorized  the  Auditor,  Treasurer,  and  Secretary  of  State,  to  pay  said 
Hodges,  Peay,  &  Aliff  is  for  work  done  under  the  provisions  of  the  first  section 
of  the  Act,  and  is  not,  and  of  right  cannot  be,  called  a  loan ;  because  the  work 
and  improvements  are  of  a  permanent  nature  and  character,  which  revert  to 
the  State  at  the  expiration  of  their  lease. 

As  before  stated,  the  sum  of  $38,275  above  referred  to,  is  to  be  paid  to  the 
said  Hodges,  Peay,  &  Aliff  on  the  completion  and  repairs  of  certain  unfinished 
buildings  in  the  Penitentiary  enclosure. 

Your  Committee  find  that  the  said  contractors  now  have  all  the  materials 
ready  for  finishing  this,  and  that  part  of  th.e  work  is  already  completed. 

The  work,  so  far  as  done,  has  been  executed  in  a  substantial  and  workman- 
like manner. 

In  the  condition  the  Penitentiary  was  when  they  took  possession,  prisoners 
were  not  safe,  health  and  comfort  could  not  be  provided  for,  and  shops  in  which 
to  employ  the  necessary  labor  were  not  erected.  This  expenditure,  in  the  opin- 
ion of  your  Committee,  the  State  ought  to  have  made.  In  addition  to  the  sum 
of  $38,275,  said  Hodges,  Peay,  &  AlifF  get  $25  per  cell  for  iron  bedsteads,  mat- 
tresses, and  the  necessary  amount  of  clothing.  At  the  time  they  took  posses- 
sion the  State  had  no  material  of  this  kind  on  hand.  By  the  terms  of  the  lease 
these  things  belong  to  the  State,  and  at  the  expiration  of  the  lease  are  to  be 
delivered  to  the  State  in  good  condition.  The  probable  cost  of  this  item  will  be 
about  $5000  or  $6000.  Your  Committee  are  therefore  of  opinion  that  this  is 
(  478  ) 


Feb.  5th.]    AEKAI^^SAS  COXSTITUTIO^iTAL  C0]S^YE:NTI0N.   [23d  Day, 


Eeport  of  Committee  on  Penitentiary. 


not  a  loan,  but,  on  the  contrary,  an  advance  by  Hodges,  Peay,  &  Alitf.  In  ad- 
dition to  the  amounts  heretofore  enumerated,  said  Hodges,  Peay,  &  Aliff  are 
allowed  seventy-five  cents  per  foot  for  steam-piping  furnished  and  used  in 
heating  the  prison.  The  piping  thus  put  up,  after  the  expiration  of  the  lease, 
belongs  to  the  State,  vrithout  further  charge.  The  probable  cost  of  this  item 
will  be  about  88000. 

Tour  Committee,  after  an  examination  of  the  prison,  find  that  the  building 
is  of  brick,  and  not  well  ventilated;  that,  in  a  cotmtry  like  this,  where  the  at- 
mosphere is  damp,  the  prison  would  necessarily  be  injurious  to  the  health  of  the 
convicts;  dampness  gathers  to  such  an  extent,  in  the  prison,  that  heavy  iron 
grates  of  the  cell  doors  have  actually  rusted  off.  Therefore,  your  Committee 
is  of  opinion  that  the  proposed  hea^ng  apparatus  will  remove  this  state  of 
dampness,  and  contribute  to  the  health  and  comfort  of  the  convicts,  who, 
during  all  the  cold  and  inclement  weather,  find  themselves  confined  in  cells, 
and  without  fire.  The  heat  necessary  to  warm  the  building  is  furnished  to  the 
State  by  Hodges,  Peay,  &  Aliff,  free  of  charge. 

For  three  years  from  the  7th  day  of  February,  1867,  Hodges,  Peay,  &  Aliff 
receive  thirty-five  cents  per  day  for  guarding,  subsisting,  clothing,  furnishing 
medicines,  and  all  other  expense  not  otherwise  provided  for.  Your  Committee 
do  not  regard  the  price  paid  for  subsistence  as  extravagant;  because,  as  before 
stated,  the  State  paid,  in  1859,  the  same  price,  for  the  same  service,  to  George  & 
Eobins — at  a  time,  too,  when  they  had  disciplined  labor,  and  tools  and  ma- 
chinery to  employ  it. 

From  the  language  of  the  law,  and  the  terms  of  the  contract,  your  Commit- 
tee are  of  opinion  that  they  have  recited  the  only  things  that  the  State  has 
in  any  manner  agreed  to  become  responsible,  or  pay  for,  to  Hodges,  Peay,  & 
Aliff.  Said  contractors  receive  no  other  allowance,  under  the  law  or  their  con- 
tract. The  sum  of  §38,275  for  repairing  and  erecting  new  buildings  for  the 
State — and  the  sum  of  85000  for  bedsteads,  etc.,  and  the  amotmt  paid  for  steam- 
jjiping,  estimated  at  88000,  and  the  entire  amount  paid  for  sttbsistence.  by  the 
State,  to  Hodges,  Peay,  &  Aliff — is  to  be  paid  back  to  the  State,  by  said  Hodges, 
Peay,  &  Aliff,  in  five  equal  payments,  commencing  in  the  eleventh  year  of  the 
contract,  and  ending  on  the  fifteenth :  thus,  the  State  receives  the  buildings 
erected  and  repaired,  the  beds  and  bedding,  etc.,  the  heating  apparatus  and  all 
moneys  she  may  have  expended,  at  the  expiration  of  fifteen  years;  which,  in 
the  opinion  of  your  Committee,  is  a  saving  to  the  State  of  about  one  hundred 
thousand  dollars ;  we  basing  our  opinion  upon  the  cost  of  fifteen  years  before 
the  war. 

In  the  manufacturing  now  carried  on,  the  Penitentiary  is  aided  by  the  best 
and  latest-improved  machinery ;  and  the  articles  made — chiefly  boots  and  shoes 
— are  of  a  kind  and  quality  that  will  compare  favorably  with  any  in  the  United 
States;  and  the  general  result  reflects  great  credit  on  the  skill  and  enterprise 
of  the  contractors. 

In  the  year  1866,  in  accordance  with  the  report  of  the  Board  of  Charities 
for  the  State  of  Massachusetts,  we  find  the  expenses  stated  for  the  manage- 
ment and  sustenance  of  prisons  in  twenty-one  States  in  the  United  States, 

,  (479.) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 


Keport  of  Committee  on  Penitentiary. 


none  of  which  were  self-sustaining.  What  the  other  States  may  have  done, 
we  have  no  knowledge  ;  as  the  Board  of  Charities  state  that  the  reports  of  the 
other  States  could  not  be  obtained  for  that  year. 

Said  Penitentiary  is  in  the  possession  of  James  L.  Hodges,  by  purchase  of 
the  interests  of  Peay  &  Aliff,  clothed  with  a  full  power  of  attorney  to  do  and 
transact  all  business  that  of  right  ought  to  be  done  in  compliance  with  the 
contract. 

The  mode  of  enforcing  discipline  in  prisons,  is  one  that  has  elicited  much 
discussion,  and  without  coming  to  any  definite  plan.  The  contractor  engages 
the  use  of  the  labor  for  the  purpose  of  deriving  profit  therefrom.  Confinement 
in  dark  and  badly-ventilated  cells  injures  and  destroys  health,  occasions  loss 
to  the  contractor  during  the  confinements,  and  does  not  always  accomplish  the 
desired  end.  All  manner  of  punishment  is  to  be  deplored;  but  when  we  take 
into  consideration  that  humane  treatment  is  only  due  to  those  who  deserve  it, 
and  that  all  others  must  be  controlled  by  such  means  as  will  not  result  in  loss 
to  the  State,  or  the  contractor,  and  that  discipline  is  necessary  in  all  institu- 
tions of  this  kind,  we  are  of  opinion  that  the  manner  and  mode  of  enforcing 
discipline,  as  practised  in  the  Penitentiary  at  Little  Eock,  Arkansas,  is  not  too 
severe.  The  means  of  enforcing  discipline  in  many  of  the  States  of  the  Union, 
ig — "dark  cell,  lash,  iron  jacket,  shower  bath,  shaving  the  head,  whipping,  iron 
cap,  bucking  and  yoke,  crucifix,  and  confinement  on  short  rations  in  a  dungeon," 
which  is  but  another  mode  of  saying  that  convicts  are  starved  into  submission. 
Whipping  has  been  resorted  to,  but,  so  far  as  we  can  ascertain,  only  to  the  ex- 
tent that  was  deemed  necessary  to  enforce  discipline,  compel  obedience,  and 
protect  the  interest  of  the  State  and  .contractors.  The  evidence  of  all  parties 
agrees,  that  they  have  never  known  an  instance  in  which  a  convict  was  pun- 
ished unmercifully,  or  to  such  an  extent  as  in  any  manner  unfitted  him  for 
labor. 

The  kind  and  quality  of  food  furnished  is  described  in  the  evidence  taken; 
which,  summed  up,  amounts  to  about  five  and  a-half  pounds  of  wholesome  food 
per  day.  The  labor  is  not  tiresome;  and  all  evidence  that  we  could  procure 
does  not  show  an  instance  of  punishment  for  not  laboring  enough.  The  con- 
victs were  all  warmly  and  comfortably  clothed,  cells  and  building  clean,  and 
apparently  in  good  healthy  condition. 

Your  Committee  are  of  opinion  that,  so  far  as  distinction  on  account  of  race, 
color,  or  previous  condition  is  concerned,  no  such  thing  exists;  but,  on  the 
contrary,  believe  that  social  equality  and  the  rights  of  all  parties  are  ascer- 
tained and  determined  by  their  action.  Prisons  are  for  the  confinement  and 
punishment  of  those  who  prey  upon  society  and  violate  the  laws ;  and  as  such, 
ought  never  to  be  made  an  exj)ense  to  the  State,  that  crime  and  its  executors 
might  revel  in  indolence  and  ease. 

Your  Committee  herewith  submit  the  evidence  of  Thomas  Lindsay,  W.  E. 
McPherson,  James  Ard,  G-eorge  E.  Weeks,  Ealph  Wilson,  Andrew  Matthews, 
Thomas  Chappell,  W.  P.  Ayres,  John  G.  Halliburton,  John  B.  Yoest,  David 
Hill,  W.  T.  McCullough,  A.  L.  E.  JSToah,  and  D.  H.  Woodard;  all  of  whom 
were  duly  sworn;  also,  a  copy  of  the  Inspection  Eeport  made  by  order  of  tlie 
(  480  ) 


Feb.  5th.]    AEKA]^SAS  CO^s^STITUTIOXAL  CO]S^YEXTIO]S".    [23d  Day. 


Penitentiary.— BEOOKS— BRADLEY— CTPEET—GANTT. 


Commanding  Greneral  of  the  4th  Military  District;  and  an  abstract  of  the  num- 
ber of  prisoners  on  hand,  received,  and  deceased,  since  7th  February,  1867. 

[Here  follows  the  testimony  taken  before  the  Committee;  for  which,  see 
Appendix.]  ~ 

John  McClure, 

February  3,  1868.  ^-  .- — -  :    .  Chairman. 

Mr.  BEOOKS  requested  to  have  read  the  Report,  regarding  the  Peni- 
tentiary, made  to  the  General  commandiDg  the  Fourth  Military  District. 

The  SECRETARY  read  the  paper  [for  which,  see  Report  of  Testimony, 
in  Appendix.] 

Mr.  BRADLEY.  I  notice  that  it  is  stated,  in  the  Report,  that  in  the 
condition  of  the  Penitentiary  in  '59,  it  was  impossible  for  parties  to  keep 
the  contract  and  live.  I  suppose  the  Listitution  is  in  about  the  safae  con- 
dition now — that  was  the  idea  which  it  was  intended  to  convey.  There 
seem  to  have  been  two  other  contracting  parties.  I  suppose  they  are  dead, 
in  consequence  of  having  kept  the  contract,  and  that  Mr.  Hodges  has  sur- 
vived. It  seems  everywhere,  in  this  Report,  to  be  implied  that  because 
the  law  has  placed  the  convict  in  the  Penitentiary,  he  is  subject  to  the 
lash.  When  the  punishment  of  the  lash  was  inflicted  on  the  negro,  it 
was  thought  to  be  a  great  outrage;  and  I  do  not  see  why  "the  convicts  in 
the  Penitentiary  are  liable  to  that  punishment,  because  they  are  there  by 
operation  of  the  law,  any  more  than  the  negro,  who  was  in  slavery  by  the 
operation  of  the  law. 

It  seems  to  me,  under  all  the  circumstances,  that  the  Report  fails  to 
meet  the  exigency  of  the  case;  and  I  move  to  refer  it  to  a  Committee 
on  the  last  session  of  the  Legislature  of  Arkansas. 

The  motion  not  being  seconded,  .  * 

Mr.  BROOKS  moved  that  the  Report  be  adopted,  and  spread  upon  the 
Journals  of  the  Convention. 

Mr.  CYPERT.  I  move  to  amend  by  striking  out  the  title,  and  inserting 
instead,  the  words,  "Report  of  the  Committee  on  the  Last  Legislature." 
I  wish  to  show  that  to  be, — as  it  is, — the  character  of  the  document. 

Mr.  GAKTT.  I  will  ask  the  gentleman  from  White  [Mr.  Cypert]  to 
withdraw  his  motion. 

Mr.  CYPERT.  I  withdraw  it. 

Mr.  GAXTT.  I  move  to  make  the  consideration  of  the  Report  the 
special  order  of  the  day  for  Friday  next;  and  I  bespeak  at  the  hands  of 
this  Convention,  some  opportunity  for  consideration  of  this  question.  I 
ask  them  not  to  hurry  it  through  without  discussion.  It  is  right  and 
proper  that  the  Report  should  be  considered  in  this  Convention;  and  a 
little  time  would  be  serviceable  to  some  of  us  who  desire  to  address  our- 

31  ^  (  481  ) 


1868.] 


DEBATES  A^J)  PEOCEEDmGS  OF  THE  [Wednesday, 


Penitentiary.— McCLUKE. 


selves  to  the  subject.  I  would  ask  it  as  a  personal  favor,  independent  of  the 
fact  that  the  careful  consideration  of  this  matter  requires  some  little  time. 

I  therefore  move  it  be  made  the  special  order  of  the  day  for  Friday  next, 
at  10  o'clock,  A.M. 

Mr.  McCLURE.  The  action  of  the  Committee  was  all»had  under  special 
instruction  of  the  resolution.  We  have  reported  upon  no  fact  not  based 
in  the  requirements  of  the  resolution  itself;  and  in  fact,  if  we  had  had 
time  we  might  have  elaborated  a  great  many  subjects  on  which  we  have 
only  touched,  in  the  Report.  In  compliance  with  one  requirement  of  the 
resolution,  the  evidence  was  taken.  We  were  further  required  to  report 
to  whom,  by  whom,  and  for  what  term  of  years,  the  contract  was  let,  and 
if  tlie  original  parties  were  opposed  to  reconstruction.  I  will  ask  the 
Secretary  to  read  the  instructions  contained  in  the  original  resolution. 

The  Secretary  read  the  resolution,  as  follows: 

Whereas,  It  has  been  represented  that  a  contract  for  the  lease  of  the  Peni- 
tentiary House  of  the  State  of  Arkansas  for  a  long  term  of  years,  to  wit:  for 
the  term  of  fifteen  years,  was  recently  pretended  to  be  made  by  and  from  an 
illegal  body  of  men,  styling  themselves  the  General  Assembly  of  the  State  of 
Arkansas,  to  and  with  divers  persons,  said  to  be  then  opposed  to  the  recon- 
Btruction  measures  of  Congress,  and  hostile  in  feeling  and  sentiment  to  the 
Federal  Government,  which  said  pretended  lease  is  said  to  have  been  accom- 
panied with  a  loan  of  forty  or  fifty  thousand  dollars,  taken,  under  some  pre- 
text, from  the  public  Treasury,  and  with  a  grant  of  other  and  farther  extra- 
ordinary and  unheard-of  privileges,  immunities,  and  franchises: 

And  whereas,  It  is  asserted  by  released  prisoners  and  others  that  these 
pretended  lessees,  or  some  of  them,  being  in  possession  of  said  Penitentiary 
building  as  aforesaid,  are  accustomed  to  use,  in  the  infliction  of  corporal  pun- 
ishment, especially  upon  colored  convicts,  an  instrument  of  torture  said  to  be 
found  only  on  a  few  plantations  in  the  darkest  days  of  slavery: 

"  Therefore,  be  it  resolved:  That  a  Committee  of  nine,  two  of  whom  shall  be 
colored  delegates,  be  appointed,  whose  duty  it  shall  be  to  collect  facts  and 
proof,  and  to  procure  papers  and  persons,  to'  be  brought  before  the  Committee 
on  the  Penitentiary,  which  Committee  shall  at  once  proceed  to  hear,  investi- 
gate, and  reduce  to  writing,  the  whole  testimony  in  the  case,  and  make  their 
report  for  the  further  action  of  this  Convention;  which  said  report  shall  show 
how  said  Penitentiarj'^  was  leased,  by  whom  or  to  whom;  in  whose  possession 
the  same  is,  and  how  they  came  by  it;  and  all  other  matters  touching  its  man- 
agement, the  treatment  of  prisoners,  &c.: — which  said  report  shall  be  accom- 
panied by  the  testimony  so  reduced  to  writing." 

[Which  resolution,  on  motion  of  Mr.  Montgomery,  was  referred  to  the  Com- 
mittee on  the  Penitentiary.] 

Mr.  McCLURE.  It  will  be  observed,  from  the  language  of  the  resolu- 
tion, and  the  instructions  received  by  the  Committee,  that  they  were  ex- 
(  482  ) 


Feb.  5th.]   AEKANSAS  COISrSTITUTIONAL  CONVENTION.    [23d  Day. 


Penitentiary.— McCLURE— HODGES  of  Pulaski— SAEBER—GANTT—CYPERT. 


pected  to  take  cognizance  of  a  great  many  things  beside  the  Penitentiary, 
— the  character  and  action  of  the  last  Legislature, — the  nature  of  the 
lease, — and  any  other  facts  relevant  to  this  contract.  The  Committee,  in 
taking  this  evidence,  was  anxious  to  invite  all  parties  who  had  or  seemed 
to  feel  any  interest-  in  the  matter,  to  produce  witnesses;  and  no  evidence 
was  rejected  that  would  an3'Where  have  been  esteemed  competent. 

So  far  as  the  adoption  of  the  Report  is  concerned,  I  do  not  insist  upon 
that.  I  am  perfectly  willing  that  it  lie  over  until  such  time  as  any  gentle- 
man may  wish,  to  enable  him  to  discuss  the  question.  We  are  not,  on 
our  part,  in  any  haste.  If  it  is  desired  to  enter  into  any  discussion  of  the 
action  of  the  last  Legislature,  or  the  authority  of  the  individuals  then  as- 
sembled here  as  a  body  of  legislators,  I  am  perfectly  willing  to  enter  upon 
that  discussion,  and,  if  necessary,  to  elaborate  the  Report  in  that  respect. 

Mr.  HODGES,  of  Pulaski.  I  have  no  question  that  it  will  be  proper  to 
rfiake  the  consideration  of  the  Report  the  special  order  for  another  day,  as 
suggested.  I  have,  as  being  an  interested  party,  carefully  examined  the 
questions  propounded.  I  do  not  understand  the  Report  to  answer  those 
questions.  They  recite  certain  things  which,  in  their  opinion,  were  done. 
Whether  the  opinion  of  the  Committee,  in  regard  to  those  facts,  is  correct, 
may,  of  course,  be  made  the  subject  of  question.  They  do  not  undertake 
to  answer  all  the  inquiries  raised;  claiming,  I  suppose,  that  they  were 
unable  to  answer  them — I  do  not  understand  that  they  took  steps  toward 
obtaining  information,  or  forming  a  judgment,  on  all  the  queries  suggested. 
Of  course,  however,  it  is  well  to  afford  an  opportunity  for  the  examination 
of  all  these  matters;  and  I  hope  the  subject  will  be  made  the  special  order 
for  another  day. 

Mr.  SARBER.  I  move,  as  an  amendment  to  the  motion  of  the  gentle- 
man from  Prairie  [Mr.  Gantt],  that  the  consideration  of  the  R6i)ort  be 
made  the  special  order  for  Friday,  February  7th,  and  that  a  hundred 
copies  be  printed  for  the  use  of  members. 

Mr.  GANTT.  I  accept  the  amendment. 

Mr.  BROOKS.  I  most  cheerfully  withdraw  my  motion. 

No  objection  being  made. 

The  motion  for  the  adoption  of  the  Report  was  withdrawn. 

.    Mr.  McCLURE.  Will  that  include  the  evidence,  as  well  as  the  Report? 
Mr.  SARBER.  Both. 

Mr.  GANTT.  With  the  papers  connected  with  the  Report. 

Mr.  CYPERT.  I  presume  that  is  the  proper  course  to  take.  From  the 
gentleman's  [Mr.  McClure's]  request  for  the  reading  of  the  resolution 
referred  tq  the  Committee,  coupled  with  remarks  subsequently  made,  it 
seems  to  have  been  assumed  that  all  the  matters  mentioned  in  the  pre- 
amble to  the  resolution  were  in  the  nature  of  instructions  to  the  Com- 

(  483  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Penitentiary.— Rules  of  Order— CYPERT— WILSON— BROOKS— McCLU RE— WHITE. 


inittee.  There  were  no  such  instructions.  The  preamble  gave  no  instruc- 
tions whatever.  It  recited  certain  matters  with  a  view  to  subsequently 
giving  instructions;  a  report  in  the  matter  of  which  instructions,  was  to  be 
presented  by  the  Committee.  The  several  items  submitted  to  them  for 
their  investigation,  were  specifically  set  forth. 

The  PRESIDEOT.  Gentlemen  will  bear  in  mind  that  the  motion  to 
adopt  is  withdrawn,  and  that  the  question  is  upon  the  resolution  to  print 
one  hundred  copies  of  the  Report,  and  make  it  the  special  order  of  the 
day  for  Friday,  the  7th  inst. 

Mr.  CYPERT.  I  know  that  to  be  the  question  before  the  Convention. 
I  only  wish  to  give  an  explanation,  in  answer  to  the  remarks  which  have 
been  made.  There  was  nothing,  in  the  instructions,  that  indicated  a  desire, 
on  the  part  of  the  Convention,  for  any  report  on  the  subject  of  drunken- 
ness on  the  part  of  members  of  the  Legislature,  or  others,  or  their  con- 
duct, or  association  with  other  parties, — ,even  with  the  President  of  th^ 
United  States.  The  Report,  in  that  portion,  struck  me,  when  I  was  read- 
ing it,  as  a  very  poor  attempt  at  wit, — alluding  to  gentlemen  having  "spent 
money"  ^'in  riotous  conduct"  with  the  President  of  the  United  States  ! 

The  question  was  then  taken ;  and  the  motion  was  agreed  to. 

LIMITATION  OF  DEBATE — AGAIN. 

Motions,  resolutions,  and  notices  being  in  order, 

Mr.  WILSON",  in  accordance  with  previous  notice,  moved  that  Rule 
XVII  be  amended,  by  adding  thereto  the  words, 

"]^or  shall  any  member  speak  more  than  ten  minutes." 

Mr.  BROOKS.  I  suppose  the  honorable  member  designs  that  no  mem- 
ber shall  speak  more  than  ten  minutes,  without  leave  of  the  Convention. 
Mr.  WILSON.  I  have  no  objection  to  that. 

Mr.  McCLURE  desiring  to  present  a  report  from  the  Committee  on 
Finance,  Taxation,  Public  Debt,  and  Expenditures, 

The  PRESIDENT  stated  that,  by  consent,  the  Report  would  be  submit- 
ted after  the  motion  pending  before  the  Convention  should  be  disposed  of. 

After  some  inquiry  as  to  previous  notice  of  the  motion  offered  by  Mr. 
Wilson, 

The  question  was  taken  on  the  motion  as  amended;  and  the  motion  was 
not  agreed  to. 

PENITENTIARY- — AGAIN. 

Mr.  WHITE.  I  would  say,  as  a  member  of  the  Committee  on  the  Peni- 
tentiary, that  Mr.  Mason  and  myself  have  never  heard  that  Report,  be- 
fore ;  and  it  contains  some  things  which  do  not  accord  with  our  feelings. 
[Applause  on  the  left.] 
(  484  ) 


Feb.  5th.]   AEKANSAS  COISrSTITUTIONAL  CONYBNTION.    [23d  Day. 


Keport  on  Finances  of  the  State. 


Mr.  GAi^TT.  I  suppose  the  gentlemen  will  have  time  to  prepare  a 
minority  report  ;  and  in  order  to  enable  them  to  do  so,  it  might  be  made 
a  special  order  for  a  subsequent  day. 

The  PRESIDEE'T.  The  Chair  would  suggest,  that  it  will  be  easy  enough 
to  attend  to  that  when  Friday  shall  arrive. 

Mr.  MOORE.  Would  it  not  be  in  order  to  move  to  have  the  minority 
report  printed  ? 

Mr.  SARBER.  I  do  not  understand  that  there  is  any  minority  report 
before  the  Convention. 

Mr.  MOORE.  There  is  an  intimation  that  there  will  be  one. 

Mr.  SARBER.  It  will  be  time  enough,  to  attend  to  that,  when  it  shall 
come  up. 

Mr.  MASON^.  The  gentleman  from  Phillips  [Mr.  White]  and  myself 
do  not  know  exactly  when  the  Report  should  be  presented. 

The  PRESIDENT.  The  gentlemen  can  present  it  whenever  they  think 
proper. 

Mr.  BROOKS.  I  suppose,  if  the  minority  wish  to  make  a  report,  or 
present  their  views  in  any  manner  wiiatever,  and  if  they  desire  further 
time  for  that  purpose,  that  on  Friday,  further  time  will  be  given,  of  course. 

FINANCES  OF  THE  STATE — AGAIN. 

Mr.  McCLURE,  on  behalf  of  the  Committee,  presented  the  following 
EEPORT  OF  COMMITTEE  ON  FINANCE,  ETC. 

ON  THE  FINANCES  OF  THE  STATE. 

Your  Committe  on  Finance,  who  were  instructed  to  ascertain  and  report  the 
amount  of  the  present  indebtedness  of  the  State,  and  other  facts  embodied  in 


the  resolution,  beg  leave  to  report  as  follows : 

25  State  Bonds,  of  $1000' each,  due  January  1,  1887,         .       .  $25,000  00 

Interest  on  same  to  January  31,  1868,   33,854  16 

532  State  Bonds,  of  $10G0  each,  due  January  1,  1868,         .       .  532,000  00 

Interest  on  same  to  January  31,  1868,   864,500  00 

886  Real  Estate  Bank  Bonds,  outstanding,  due  October  26,  1861,  886,000  00 

Interest  on  same  to  January  31,  1868,   1,440,750  00 

500  State  Bonds,  of  $1000  each,  due  26th  October,  1861,     .       .  500,000  00 

Interest  on  same  to  31st  January,  1868,        ....  822,500  00 

United  States  money  seized, — estimated  at   250,000  00 

Interest  on  same  to  31st  January,  1868,        ....  102,500  00 

Swamp  Land  Fund,   91,938  96 

Internal  Improvement  Fund,   37,347  09 

Seminary  Fund,  .  7,260  81 

Saline  Fund,  ...       .       .       .       .       .       .       .       ,       .  4,633  13 


$5,598,284  15 
(  485  ) 


1868.] 


DEBATES  A^^D  PEOCEEDmGS  OF  THE  [Wednesday, 


Keport  on  Finances  of  the  State. 


The  bonds  thus  issued  are  held  as  follows : 

88  in  trust  for  Smithsonian  Institute  by  U.  S.  Treasury ;  90  in  trust  for  Chero- 
kee Indians  by  U.  S.  Treasury;  116  deposited  in  the  State  Treasury  by  the 
Eeceiver  of  the  Eeal  Estate  Bank;  500  in  trust  for  Smithsonian  Institute  by 
U.  S.  Treasury ;  52  in  the  U.  S.  Treasury  to  meet  liabilities  on  land  mortgaged 
to  the  State  ;  2  in  the  possession  of  the  Eeceiver  of  the  Eeal  Estate  Bank;  500 
held  by  Holford  &  Co.,  bankers,  London,  England.  The  balance  of  the  bonds 
are  supposed  to  be  held  by  parties  in  the  State  of  'New  York. 

"  What  is  the  present  market  value  of  our  State  bonds  f 

In  reply  to  this  question,  your  Committee  beg  leave  to  state  that  the  bonds 
of  the  State  of  Arkansas  are  not  quoted  in  the  market  of  any  city  in  the  civil- 
ized world.  This  is  attributable  to  the  fact,  that  in  a  period  of  nearly  thirty 
years  the  State  authorities  have  not  provided  for  the  payment  of  interest  on 
her  bonds.  A  system  of  financiering  known  only  to  thieves  and  robbers  with- 
out conscience,  prevailed  to  such  an  extent  that  their  operations  now  cost  the 
State  the  neat  little  sum  of  $5,104,604.16.  JSTot  content  with  impoverishing 
the  State,  desolating  the  country,  and  causing  mourning  at  every  hearthstone, 
we  find  these,  self-same  men  arrayed  in  hostility  to  the  present  reconstruction 
measures,  hoj^ing  thereby  to  hide  from  public  gaze  and  investigation  the  plunder 
and  thefts  of  thirty  years. 

It  is  said  that  the  North  American  Trust  and  Banking  Company  acted  in 
bad  faith  toward  the  State,  in  selling  $500,000  of  the  bonds  to  Holford  &  Co.,  of 
London,  for  which  the  State  got  $121,336.91.  It  may  be  true  that  the  State 
did  not  receive  a  greater  amount  than  the  sum  stated;  but  it  does  not  follow 
that  the  ageyits  or  individuals  who  had  these  bonds  in  their  possession  received 
no  more.  Your  Committee  are  of  opinion  that,  if  the  truth  ever  should  be 
known,  it  w^ould  appear  that  the  expenses  of  the  agents  of  the  State^  about  that 
time,  were  much  greater  than  their  account  sales  of  cotton  would  warrant. 

"i^or  ivhat  purpose  these  obligations  were  created^  and  what  disposition  has  been 
made  ofthefu7\ds  thus  obtained'?'' 

The  bank  was  created  for  the  benefit  of  certain  individuals  without  capital, 
for  the  purpose  of  making  large  fortunes  at  the  expense  of  the  State :  and  in 
this  respect  w^e  are  of  opinion  that  the  bank  was  a  success.  It  was  of  no  use 
or  benefit  to  the  State ;  but,  on  the  contrary,  an  injury,  whereby  she  loses  the 
sum  of  $5,104,604.16.  The  funds  obtained  for  the  bonds  of  the  State,  in  the 
opinion  of  your  Committee,  were  spent  in  rioting,  debauchery,  plantations, 
slaves,  and  secession. 

^^What-are  the  present  assets  at  command,  with  lohich  to  liquidate  said  claims  V 

The  State  Bank  has  no  assets.  Two  hundred  and  eighty  persons  mortgaged 
to  the  State  187,810  acres  of  land,  to  secure  the  State  from  loss  by  reason  of 
the  Eeal  Estate  Bank ;  but  little  or  nothing  has  been  realized,  by  the  State, 
upon  or  from  these  mortgages.  The  settlement  of  the  two  banks  has  cost  the 
State,  for  receivers,  accountants,  attorney"  fees,  and  the  time  of  the  Legislature, 
at  least  $500,000.  By  a  report  from  the  Eeceiver  of  the  Eeal  Estate  Bank,  it 
appears  that  there  is,  in  his  hands  claims,  property,  and  other  property  classified 
as  "  good,"  $507,020.91.  If  the  process  of  indulgence  and  favoritism  that  has 
(  486  ) 


Feb.  5th.]  AEKAXSAS  COXSTITrTlQXAL  COXVEXTIOX.    [23d  I>ay. 


Eeport  on  Finances  of  the  State. 


characterized  collectioDS  for  the  past  twenty  years  is  continued,  as  a  matter  of 
ecouomv  the  State  had  better  receipt  in  full,  and  thereby  save  further  expense. 
The  State  ought  to  institute  vigorous  collection  laws  for  her  ovra  'protection,  and 
atithorize  the  purchase  of  the  lands  by  the  State,  provided  the  price  paid  did 
not  exceed  the  amount  of  her  mortgage.  The  lands  mortgaged  to  the  State 
are  said  to  be  valuable,  and  the  greater  portion  improved  :  and  if  she  held  the 
title  in  fee.  these  lands  could  be  appraised,  and  resold  to  actual  settlers  in  small 
tracts,  thereby  allowing  small  capitalists  to  become  freeholders  in  healthy  and 
well-improved  localities.  This  would  invite  immigration,  increase  the  Avealth. 
of  the  State,  and  do  much  toward  settling  the  unhappy  condition  of  the  coun- 
try, ^len  are  not  coming  here  to  buy  the  poor,  uncultivated,  lands,  that  now 
belong  to  the  State  :  because,  they  can  btiy  improved  lands  in  other  States. 
The  fact  that  a  majority  of  the  fine  lands  in  the  State  caiyiot  be  sold,  even  by 
the  owners,  becatise  of  liens  they  cannot  remove,  retards  immigration,  and 
drives  it  to  other  States.  These  valuable  mortgaged  lands  are  held  by  men 
who  robbed  the  State  of  millions  of  dollars,  and  who  are  largely  indebted  to 
her  to-day.  .  Then,  let  the  State  pursue  such  a  course  as  will  compel  them  to 
disgorge  their  ill-gotten  o-iins!  Force  this  land  into  market,  and  vou  have 
accomplished  a  thing  that  will  entitle  you  to  the  gratitude  of  the  State  for -all 
time  to  come. 

^'What genercd  nnancial  sclierae  Jiasbeen  devised  and  put  in  operation  for  the  pur- 
pose of  meeting  said  claims,  and  maintaining  the  public  credit?'' 

In  1861.  the  bonds  then  due.  were  held  by  the  Treasury  of  the  United  States, 
and  the  only  •■financial  scheme"'  devised  or  put  in  operation  for  their  payment, 
was.  secession. 

The  maturity  of  these  bonds,  and  the  fact  that  not  one  cent  of  interest  had 
been  paid  for  twenty  years,  was  a  thing  that  could  no  longer  be  kept  from  the 
people  who  had  been  so  long  deluded. 

Having  misappropriated  and  squandered  the  liberal  donations  given  the  State 
by  the  General  Government,  and  having  ruined  and  involved  the  State,  it  re- 
quired no  sacrifice  of  conscience  to  involve  the  people  in  civil  war.  if  it  would 
but  divert  the  odium  to  which  the  leaders  of  the  secession  movement  in  the 
State  were  so  justly  entitled. 

To-day  we  find  the  men  who  have  been  guilty  of  these  most  atrocious 
crimes,  with  the  insidious  smile  of  an  lago  appearing  before  the  j^ublic  as  the 
advocates  and  defenders  of  the  -'White  ]\Ian"s  Party;"'  appealing  to  the  preju- 
dice of  two  and  a-half  centuries,  to  perpetuate  the  concealment  of  robberies, 
seldom  seen,  and  never  excelled,  in  the  history  of  the  world  I 

For  years  the  levy  of  the  State  tax  was  light :  the  people  thought  that  the 
government  was  well  and  economically  managed. 

By  letting  the  bonds  run  for  twenty  years  without  paying  any  interest,  and 
the  people  not  seeing  any  appropriation  for  payment  of  interest  on  these 
bonds,  in  the  disbursement  of  the  public  funds,  it  is  not  strange  that  they  for- 
got the  indebtedness  of  a  prior  generation.  This  delusive  system,  and  the  con- 
tinual boast  of  gold  in  the  Treasury,  lulled  all  suspicion  or  inquiry  until  the 


(  487  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 

Invitation  to  Ladies.— SMITH— GREY. 


fatal  day ;  and  then  came  rebellion,  and  the  disasters  that  are  being  felt  through- 
out the  land. 

Crime  may  prosper  and  riot  for  a  time,  but  the  avenging  hand  of  a  just  God 
has  now  overtaken  them ;  and  the  retribution  of  sorrow  and  suffering  visited 
upon  the  people,  is  a  lesson  all  should  heed. 

In  relation  to  the  school-fund,  we  refer  to  the  Eeport  of  the  Auditor  of 
State,  hereto  annexed : 

-  -     Auditor's  Office, 

Little  Rock,  Ark.,  February  1,  1868. 
To  THE  Chairman  of  the  Finance  Committee — Sir: 

*  *  -x-  *  *         *         -x-         -x-  *  * 
The  only  school-fund  the  State  ever  had,  was,  the  proceeds  of  the  sales  of  the  Saline  lands, 

and  the  seventy-two  sections  of  Seminary  land.  This  fund  was  distributed,  from  time  to  time, 
among  the  counties,  for  common  school  purposes,  under  Acts  of  5th  January,  1849,  and  the  11th 
January,  1853.  In  April,  1861,  there  was  belonging  to  that  fund,  in  the  hands  of  the  State 
Treasurer,  the  sum  of  $4573.24,  of  which  the  sum  of  $1348.50  was  distributed  among  the 
counties,  and  th^  balance,  $3224.74,  was  placed  in  the  hands  of  W.  H.  Etter,  as  agent  of  the 
State,  with  which  to  purchase  medicines,  etc.  The  goods  purchased  were  lost  between  Browns- 
ville and  San  Antonio,  Texas,  in  May  or  June,  1865. 

*  *  ^  *  ^  •x-  *  *  ^  ^ 

Respectfully,  W.  R.  Miller, 

Auditor  of  Arkansas. 

Mr.  MALLORY  moved  that  the  Report  be  laid  upon  the  table,  that 
one  hundi^^d  copies  be  printed  for  the  use  of  the  members  of  the  Conven- 
tion, and  that  it  be  made  the  special  order  of  the  day  for  Saturday,  Feb- 
ruary 8th.  ^^ 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

INVITATION  TO  LADIES. 

Mr.  SMITH  offered  the  following  resolution  : 

Whereas,  It  has  been  customary  heretofore  for  the  ladies  to  attend  the  ses- 
sions of  deliberative  bodies  in  this  Capitol; 

Therefore  resolved :  That  the  Convention  cordially  invite  them  to  favor  this 
body  with  their  presence. 

Mr.  GREY,  of  Phillips,  moved  that  the  resolution  be  further  amended 
by  the  addition  of  a  provision  that  the  necessary  arrangements  be  made 
for  their  reception. 

The  question  was  taken ;  and  the  amendment  was  agreed  to. 
The  question  was  then  taken  on  the  resolution  as  amended;  and  the 
motion  was  adopted. 


(  488  ) 


Feb.  5th.]    AEKAi^SAS  CONSTITUTIONAL  CONVENTION.    [23d  Day. 


Mileage — The  Keports  of  Standing  Committees — Intermarriage  of  the  Eaces. 


MILEAGE — AGAIN. 

Mr.  SIMS  offered  the  following  resolution  : 

Resolved:  That  each  member  of  this  Convention  shall  certify,  on  honor,  to 
the  Secretary,  the  actual  number  of  miles  travelled  by  the  most  practicable 
route  furnishing  public  transportation  in  coming  to  the  Convention. 

The  question^was  taken;  and  the  resolution  was  adopted. 

THE  REPORTS  OF  STANDING  COMMITTEES. 

Mr.  EYANS  offered  the  following  resolution  : 

Resolved :  That  all  standing  Committees  not  having  heretofore  reported  to 
this  Convention,  be,  and  they  are  hereby,  severally  instructed  to  hand  in  their 
respective  reports  to  the  Committee  on  the  Constitution,  its  Arrangement 
and  Phraseology,  at  the  earliest  possible  moment. 

Mr.  CYPERT.  I  want  to  understand  that  resolution.  Does  it  require 
the  various  committees  to  hand  their  reports  directly  to  the  Committee 
%  on  the  Constitution,  its  Arrangement  and  Phraseology,  before  referring 
them  to  the  Convention  ?  * 

The  PRESIDENT.  Such  as  are  not  already  handed  in. 

Mr.  CYPERT.  I  desire  to  have  the  proposition  distinctly  placed  before 
the  Convention,  for  the  reason  that  in  the  case  of  one  committee  it  is 
understood  that  there  will  be  two  reports. 

The  PRESIDENT.  To  which  committee  does  the  gentleman  refer  ? 

Mr.  CYPERT.  That  on  the  Elective  Franchise.  I  would  not  like  to 
have  the  Minority  Report  go  to  a  committee  where  it  could  never  be  prop- 
erly disposed  of  in  any  w^ay. 

The  question  was  taken ;  and  the  resolution  was  not  agreed  to. 

INTERMARRIAGE  OF  THE  RACES — AGAIN. 

Mr.  HINDS  offered  the  following  resolution : 

Resolved :  That  this  Convention  is  utterly  opposed  to  all  amalgamation 
between  the  white  and  colored  races,  whether  the  same  is  legitimate  or  illegit- 
imate. We  would  therefore  recommend  that  the  next  General  Assembly  enact 
such  laws  as  may  effectually  govern  the  same. 

Mr.  BRADLEY.  I  shall  certainh'  oppose  the  adoption  of  that  resolu- 
tion.   I  do  not  want  to  say  any  more,  on  that  subject,  than  we  have  already 

(  489  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Eaces.— BEADLE  Y— HODGES  of  Pulaski— HINDS— BEOOKS. 


said.  But  I  am  very  unwilling  to  have  a  wad  of  raw  cotton  placed  in  my 
mouth,  to  chew  on,  while  the  people  are  swindled  with  false  pretences. 
What  have  we  to  do  with  instructing  the  future  Legislatures  ?  We  have 
nothing  to  do  with  them,  except  to  insert  in  the  fundamental  law  of  the 
land  a  basis  upon  which  they  may  predicate  their  action.  There  is  no 
other  earthly  reason  for  our  being  here  to-day,  except  to  settle  every  part 
and  particle,  every  word  and  syllable,  of  the  negro  question.  But  for 
that,  we  would  never  have  been  here.  There  never  would  have  been  a 
Military  Bill  passed,  but  for  this  question.  And  if  the  Convention  is 
unw^illing  to  fix  the  true  status  of  the  two  races,  I  will  vote  against  re- 
questing the  Legislature  to  pass  such  a  law  as  is  here  contemplated.  It  is 
just  as  likely  as  not,  that  the  Legislature  to  whicli  it  is  proposed  to  refer 
the  consideration  of  this  subject,  will  emanate  from  as  extreme  a  Radical 
source  as  this  Convention.  I  here  enter  my  protest  against  the  resolution, 
as  another  species  of  the  demagogism  that  constantly  emanates  from  that 
inexhaustible  source. 

Mr.  HODGES,  of  Pulaski,  asked  for  the  yeas  and  nays. 

Mr.  HINDS.  I  wish  to  say  a  word  on  the  resolution  offered.  I  ex- 
pected, as  a  matter  of  course,  that  the  gentlemen  on  the  other  side  of  the 
house  would  unite  with  us  in  at  least  one  proposition  before  the  close  of 
the  session;  and  I  must  say  that  I  am  very  rriuch  surprised  that  the  gentle-# 
•man  from  Bradley  [Mr.  Bradley]  should  oppose  a  measure  which  I  sup- 
posed him,  a  few  days  ago,  to  be  defending.  The .  resolution  declares, 
simply,  that  the  Convention,  as  such,  is  opposed  to  the  amalgamation  of 
the  races,  whether  the  same  be  legitimate  or  illegitimate,  and  that  we 
recommend  the  enactment  of  such  laws  as  will  more  effectually  prevent  the 
same.  I  am  surprised,  I  repeat,  that  the  gentleman  should  place  himself 
in  opposition  to  the  resolution.  So  far  as  this  side  of  the  house  is  con- 
cerned, they  favor  a  resolution  of  that  kind,  I  am  satisfied  ;  and  I  supposed 
it  would  not  be  opposed,  at  least  by  the  gentlemen  opposite. 

Mr.  BRADLEY.  I  wish  to  set  myself  right.  I  am  not  contradicting, 
at  all,  the  position  that  I  took  the  other  day.  If  the  gentleman  [Mr. 
Hinds],  and  the  other  gentlemen  on  that  side  of  the  house,  are  opposed 
to  miscegenation  and  amalgamation,  as  is  asserted,  I  would  like  to  know 
why  it  is  that  they  cannot  lay  down  a  plank  on  that  subject,  now,  instead 
of  leaving  it  to  future  legislation.  If  he  were  sincere  in  his  opposition  to 
miscegenation,  he  would  not  propose  to  make  the  Legislature,  over  which 
we  have  no  jurisdiction,  

Mr.  BROOKS.  I  rise  to  a  point  of  order.  It  is  not  in  order  for  any 
gentleman  to  reflect  upon  any  other  gentleman's  motives— his  sincerity  or 
insincerity. 

Mr.  BRADLEY.  The  gentleman  accused  me,  the  other  day,  when  I 
introduced  a  certain  resolution,  of  coming  here  to  throw  a  firebrand  into 
(  490  ) 


Feb.  5th.]    AEKANSAS  CO]S"STITUTIO^AL  CONYE^^TIO^^.    [23d  Day. 


Intermarriage  of  the  Eaces.—CORBELL— KYLE— HODGES— CYPERT—GKEY. 


the  ConveDtion  ;  and  he  now  calls  me  to  order  for  questioning  gentlemen's 
motives.    Was  not  that  questioning  motives?  ^ 

Mr.  CORBELL  offered  the  following  resolution,  as  a  substitute  for  that 
before  the  Convention : 

Resolved :  That  this  Convention  do  insert  a  clause  in  the  Constitution,  which 
will  forever  prohibit  intermarriage  between  the  white  persons  and  negroes  or, 
persons  of  African  descent ;  and  that  they  vote  instante'r,  and  the  adoption  or 
rejection  of  this  resolution,  as  the  case  may  be,  be  called  for  by  yeas  or  nays  of 
the  members  of  this  Convention. 

,Mr.  KYLE.  I  propose,  in  lieu  of  both  the  original  resolution  and  the 
substitute,  the  following 

ORDINANCE. 

Be  it  Ordained  by  the  people  of  the  State  of  Arkansas  in  Convention  assembled  : 
That  the  amalgamation  of  the  white  and  African  races  is  contrary  to  nature 
and  the  law  of  God. 

Therefore,  The  Legislature  shall  pass  such  laws,  with  suitable  penalties,  pro- 
hibiting and  punishing  persons  solemnizing  such  marriages,  as  well  as  those 
persons  contracting  them,  in  this  State. 

Which  was  read  a  first  time.  '  • 

Mr.  HOLIES,  of  Pulaski.  I  do  not  know  but  that  would  be  a  very 
good  ordinance ;  but  it  seems  that  its  doctrines  must  admit  of  some  excep- 
tions ;  for  I  think,  from  some  appearances,  that  the  practices  denounced 
have  been  in  accordance  with  nature. 

Mr.  CYPERT  inquired  if  the  substitute  was  amendable. 

The  PRESIDENT  replying  that  the  Chair  so  considered  it, 

Mr.  CYPERT  said:  Li  lieu,  then,  of  the  direction  or  command  to  a 
future  Legislature,  I  move  that  the  Committee  on  the  Constitution  be 
hereby  instructed  to  incorporate  into  the  Constitution  a  clause  prohibiting 
amalgamation  of  the  races. 

We  can  have  no  control  over  a  Legislature,  except  through  the  provisions 
of  the  Constitution  which  we  may  frame.  Our  instructions  to  them  would 
be  nothing. 

Mr.  GREY,  of  Phillips.  I  did  think  I  would  offer  a  substitute  for  the 
whole  of  the  propositions  before  the  Convention.  In  looking  at  the  matter 
from  my  point  of  view,  I  am  sorry  to  find  that  the  question  seems  to  be 
one  of  so  much  importance  to  gentlemen,  that  it  should  become  a  bugbear 
at  this  late  da}',  after  the  historj-  of  the  past  two  hundred  and  fifty  years. 
It  seems  that  some  of  our  sages  have  made  some  extraordinary  discoveries, 
in  their  investigations  of  the  last  few  years,  in  regard  to  the  laws  of  G-od 
on  this  subject;  and  having  broken  those  laws,  I  should  think  they  ought 
first  to  repent,  before  proposing  any  amendments  ! 

(  491  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 

■  —  ^ — . — —  — — 

Intermarriage  of  the  Kaces. — GREY. 


As  far  as  tlie  intercourse  between  the  races  is  concerned,  there  is  no 
gentleman  here,  whatever  may  be  his  opinions,  that  objects  to  it  more 
strenuously  than  1.  I  am  willing  that  you  shall  make  any  enactment  on 
the  subject,  outside  of  the  organic  law;  but,  sir,  let  that  be,  equality  before 
the  law.  Do  not  touch  that  sacred  instrument,  by  inserting  anything  that 
indicates  class  legislation,  anything  that  puts  in  an  entering  wedge  that 
may  hereafter  split  the  whole  concern  into  a  thousand  pieces.  (I  pre- 
sume I  saw  an  indication  of  it,  the  other  day,  in  the  papers.)  You 
find  nothing  of  the  kind  in  the  constitutions  of  the  i^orthern  States ;  and 
yet  their  legislatures  enact  laws  against  such  evils,  and  those  laws  are 
carried  out,  and  executed.  I  cannot  see  how  it  is  possible  that  what  does 
for  other  States,  whose  experience  in  this  matter,  I  suppose,  is  as  good  as 
our  own,  cannot  be  taken  as  precedents,  by  us.  Why  is  it  necessary  that 
the  organic  law^  of  the  land  should  contradict  the  very  purpose  for  which 
we  are  assembled?  If  this  Convention  means  to  come  up  to  the  stand- 
point of  the  people  that  they  represent,  if  they  intend  to  be  true  t6  their 
constituents,  in  giving  equal  rights  to  all,  before  the  law,  let  that  be  done 
in  the  organic  law  of  the  State.  Let  that  law  give  freemen  perfect  equal- 
ity, before  itself;  and  if  it  is  necessary, — if  the  danger  is  so  imminent, 
that  the  two  races  will  collide  and  come  together,  that  the  one  will  lose 
its  beautiful  color  (or,  rather,  that  the  two  extremes  shall  be  turned  into 
some  color — for  I  hold,  with  some  philosophers,  that  neither  black  nor 
white  are  colors,  but  the  extremes  of  all  colors), — the  Legislature,  meeting 
here  from  time  to  time,  may  enact  such  laws  as  may  be  requisite.  Li  re- 
gard to  laying  down  the  line  of  demarcation,  as  proposed  in  the  resolution 
offered  by  the  gentleman  from  Pulaski  [Mr.  Hinds],  expressing  our  dis- 
approval of  miscegenation,  and  declaring  that  the  Legislature  here  as- 
sembled after  the  ratification  of  the  Constitution,  shall  make  such  laws  as 
they  see  necessary,  for  its  prevention,  be  it  legitimate  or  illegitimate,  I 
am  willing  that  such  should  be  the  case.  But  I  am  utterly  opposed  to  the 
insertion,  into  the  Constitution,  of  any  piece  of  prejudice  that  shall  give 
evidence  that  men  have  not  outgrown  their  swaddling-clothes.  The  pride 
of  race  has  been  sufficient  heretofore.  Li  twenty-six  States  of  the  Union, 
they  see  no  necessity  of  incorporating  any  such  provision  in  the  organic 
law.  How  is  it  possible,  with  these  examples  before  them,  for  gentlemen 
to  see  the  necessity  of  the  adoption  of  the  proposed  feature  in  our  Con- 
stitution ?  If  equality  before  the  law  is  such  a  bugbear,  if  gentlemen 
think  it  includes  social  equality,  and  if  no  amount  of  reading  or  logic  can 
separate  the  two  things,  in  their  minds,  why  then  I  have  to  say,  as  I 
have  said  before, — if  I  get  anything,  I  want  the  full  bill  paid,  and  I  will 
give  a  receipt  in  full.  I  want  equality  before  the  law ;  and  I  do  not  pro- 
pose to  abate  one  jot  or  tittle  of  that.  If  gentlemen  do  not  think  it  time 
to  pay  the  debt,  then  postpone  the  payment  until  we  can  get  it.  I  think 
(  492  ) 


F^b.  5tb.]   AEKAXSAS  COySTIirTIOXAL  COSYEyilOS.    [23d  Par, 


Intermarriage  of  the  Eaces. — GEET. 


this  is  a  side  issue  :  and  we  have  been  misused  and  abused  by  these  side 
issues.  Xorrh  and  South.  Thev  mar  serve  a  purpose,  for  the  production 
of  campaign  documents:  but  I  do  not  think  they  come  up  to  the  measure 
of  statesmanship.  If  we  propose  to  make  an  organic  law  upon  the  solid 
adamantine  foundations  of  justice,  upon  the  basis  of  equality  before  the 
law,  and  rights  for  all  men.  let  us  do  so.  If  we  are  to  higgle  upon  the 
forty-ninth  corner  of  a  Constitutional  hair,  and  to  pander  to  the  prejudices 
of  a  few  voters  who  have  not  been  educated  up  to  the  present  point  of 
enlightenment,  these  gentlemen  have  a  right  to  wait — they  have  a  right  to 
vote  for  or  against  the  Constitution.  If  they  can  see  anything,  in  the  Con- 
stitution, that  encroaches  upon  their  privileges,  as  honest  men  they  have 
the  right  to  vote  agairist  it.  It  seems  to  me  that  at  this  day  it  is  not  an 
aro'ument  that  should  be  brought  before  a  body  like  this,  by  men  repre- 
senting the  talent  of  the  people  of  Arkansas,  men  of  proved  valor,  and 
patriotism,  approved  on  many  a  well-contested  field,  and  in  the  forum  as 
well.  Yet  such  men  as  these  are  now  afraid  of  miscegenation  from  four 
millions  of  negro  slaves  !  TThen  those  people  were  in  their  houses,  enjoy- 
ing the  privileges  of  the  inner  courts  of  their  temples,  as  it  were,  then 
there  was  no  danger  of  miscegenation  :  but  now.  because,  in  the  progress 
of  the  nineteenth  century,  the  negro  has  come  up  from  the  substratum, 
and  claims,  in  the  sentiment  of  the  world,  a  place  among  men.  we  propose 
to  lop  olf.  little  by  little,  here  and  there,  those  rights  which  they  have  at 
length  obtained  !  I  do  not  believe  there  is  any  more  danger  of  social  in- 
tercourse between  the  two  races,  than  between  the  nobility  and  peas- 
antry of  monarchical  governments.  There  is  no  more  danger  of  such  a 
thing  taking  place  here,  than  of  a  noble  of  Eussia  marrying  one  of  his 
serfs.  And  I  believe,  to-day,  that  it  is  simply  prejudice  that  can  indtice 
the  fear  :  I  believe  it  is  a  hobgoblin,  that  is  held  ttp  before  gentlemen's 
minds,  that  if  they  stand  up  and  maintain  the  equal  rights  of  all  men 
before  the  law.  and  fail  to  insert  in  the  organic  law  of  the  landt  a  line  of 
demarcation,  to  tell  where  one  man"s  privileges  shall  cease  and  where 
another's  shall  begin. — their  people,  their  constituents,  will  not  support 
them.  I  am  willing  to  trust  to  the  good  sense  of  the  American  people.  I 
believe  there  is  sufficient  intelligence  among  them,  to  discriminate  prop- 
erly. And  if  the  Legislature,  of  whatever  element  it  may  be  composed, 
shall  be  largely  composed,  as  it  will  be.  of  white  men,  at  least,  and  your 
own  people, — however  radical  its  members  may  be.  I  do  not  believe  that 
body  will  contain  white  men  who  will  in  anyway  favor  the  amalgamation 
of  the  races.  Blood  is  thicker  than  water — the  tie  of  consanguinity  may 
be  depended  upon.  I  think.  Whatever  may  be  gentlemen's  opinion,  they 
can  at  least  trust  their  interests,  in  this  regard,  in  the  hands  of  white  men. 
Let  the  Legislature  make  such  a  law  as  is  desired :  let  it  not  be  incorpo- 


(  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces.— GEE Y— KYLE— HODGES  of  Pulaski. 

rated  with  the  organic  law  of  the  land,  for  that  would  at  once  deny  the 
assertion  that  you  give  equal  rights,  before  the  law,  to  all  men. 

Entertaining  these  views,  I  shall  vote  against  the  insertion,  in  the  Con- 
stitution, of  any  such  clause.  Make  your  recommendation  to  your  Legis- 
lature— you  have  a  right  to  do  so;  but  do  not  encumber  j^our  Constitu- 
tion with  any  such  provision. 

Mr.  KYLE.  I  wish  to  hear  the  amendment  of  the  gentleman  from 
"White  [Mr.  Cypert]  read. 

The  SECRETARY  read  the  amendment  oflered  by  Mr.  Cypert. 

Mr.  KYLE.  I  do  not  see  much  to  object  to,  in  the  amendment. 

But,  sir,  whilst  on  my  feet,  I  must  be  allowed  to  controvert,  to  some 
extent,  the  position  assumed  by  the  gentleman  from  Phillips  [Mr.  G-rey] 
in  assuming  that  there  is  no  necessity  for  inserting  in  the  organic  law  any 
provision  upon  this  subject,  but  that  any  Legislature  ma}^  take  the  ques- 
tion into  consideration,  and  may  legislate  properly  in  regard  to  it,  so  as 
to  prevent  the  intermarriage  of  the  races.  The  latter  proposition,  I  hold 
to  be  true.  I  believe  the  Legislature  will  have  the  power  that  all  legisla- 
tures have,  the  power  of  legislating  upon  questions  of  that  nature,  looking 
to  the  better  organization  of  society,  and  the  correction  of  the  evils  that 
exist  in  society.  But  whilst  I  believe  that,  I  do  believe,  also,  that  it  is 
necessary  for  us  to  do  something  here,  in  this  connection,  requiring  the 
Legislature  to  take  the  subject  into  consideration,  and  to  pass  such  laws, 
w^ith  suitable  penalties  attached,  as  may  be  necessary  in  order  to  prevent 
the  amalgamation  of  the  races. 

Gentlemen  suppose  amalgamation  to  be  a  thing  so  repulsive  in  its 
nature,  that  it  will  take  place  but  very  rarely  ;  and  some  gentleman  I  heard 
assert,  here — 

Mr.  HODGES,  of  Pulaski.  I  wish  to  ask  the  gentleman  a  question. 
Supposing  we  pass  such  a  law,  in  this  State,  as  he  desires ;  will  that  reach 
other  States  ? 

Mr.  KYLE.  No,  sir.  . 

Mr.  HODGES.  Suppose  a  person  should  go  to  another  State,  marry, 
and  return  here — what  shall  we  do?  Shall  we  prohibit  immigration  to 
the  State  ? 

Mr.  KYLE.  Yes,  sir;  such  persons  ought  to  be  so  prohibited. 

A  MEMBER  [m  his  seaf]  You  are  right !  [Applause.] 

Mr.  HODGES.  Would  such  a  Constitution  be  republican  in  form? 

Mr.  KYLE.  Yes,  sir;  it  ivould  be  republican  in  form,  in  my  estimation. 

Sir,  a  great  deal  has  been  done  for  this  race  of  people.  They  have  been 
taken  from  the  bonds  of  servitude,  and  made  free.  I  myself  sa}^  Amen  to 
it.  I  am  in  favor  of  all  that;  and  I  would  do  nothing  in  the  world  that 
would  re-enslave  them.  I  have  said  and  done  everything  looking  to  pre- 
serve their  peace  and  rights.  I  have  said  it  was  right  to  make  them  equal 
(  494  ) 


Peb.  5th.]    AEKAXSAS  CO^^STITUTIOXAL  COXYEXTIOX.    [23d  Day. 


Intermarriage  of  the  Eaces. — KYLE. 


iu  the  courts  of  the  country.  I  have  said, — Give  them  their  political 
ri2:hts.  I  will  vote  to  give  them  their  political  rights  :  with  suitable  quali- 
fications on  their  vote,  as  Avell  as  on  that  of  white  men,  hereafter,  if  they 
are  not  properly  qualified  to  vote.  I  have  a  proposition  prepared,  which  I 
propose,  at  a  suitable  time,  to  ofter.  But  as  for  saying  that  they  must  be 
brought  up  upon  an  equality,  socially,  with  the  white  race,  I  never  will 
give  my  assent  to  it.  And  to  say  that  there  is  no  danger  of  that,  is  going 
a  little  too  far;  for  my  own  observation  has  been,  within  the  short  time 
that  they  have  had  their  liberty,  that  it  is  the  highest  climax  of  their 
aspiration,  to  come  up,  socially,  on  an  equal  footing  with  the  white  race. 
To  use  their  own  language,  which  I  have  myself  heard  from  some  of 
them, — the  bottom  rail  has  got  to  the  top.''  I  have  myself  heard  that  sort 
of  language,  among  them:  and  although  they  were  ignorant,  and  I  knew 
they  were  liable  to  run  into  excess,  and  make  mistakes,  and  I  could  there- 
fore well  overlook  things  of  that  kind,  yet  it  is  true  that  this  state  of 
feeling  exists.  Gentlemen  have  asserted,  upon  this  iioor,  tliat  they  had  no 
fear  of  their  parlors  being  coarsely  intruded  upon  by  gross  citizens  of  a 
dilierent  race.  Xeither  have  I  any  fear  of  mine  being  intruded  upon. 
Xoue  at  all:  for  I  hope  I  have  raised  my  family  in  such  a  way  that  an 
intrusion  from  one  of  those  colored  persons  would  be  repelled  at  once. 
And  the  very  circumstances  that  surround  some  families,  and  the  society 
in  which  they  have  walked,  and  the  tone  of  which  characterizes  them, 
repels,  at  once,  any  approach  on  the  part'  of  such  individuals.  But,  sir, 
where  are  the  unfortunate — where  are  the  helpless  creatures,  the  inhabi- 
tants of  the  hovels  scattered  about  over  the  country — the  "  poor  white 
trash,""  if  you  please,  as  they  have  been  styled  by  some  ?  AVho  is  it  that 
is  to  protect  them  from  further  social  degradation.  They  are  unprotected. 
And  we  know  that  fortune  is  fickle.  These  colored  people  will  acquire 
popularity,  they  will  acquire  money,  they  will  acquire  lands,  after  a  while, 
and  position  in  society.  The  very  fact  of  the  first-named  acquisitions  will 
give  them  position  in  society  ;  and  they  can  insidiously  make  their  advances 
to  these  unfortunate  and  helpless  persons,  and,  by  the  use  of  their  power, 
can  mislead  and  misguide  them,  into  error  and  folly;  and,  indeed,  such  an 
occurrence  did  take  place  in  my  own  neighborhood,  last  Fall,  within  eight 
miles  of  my  present  home.  A  negro  who  had  been  in  the  employment  of 
a  certain  man,  misled  an  unfortunate  step-daughter  of  his  employer,  a  girl 
who  had  been  raised  not  as  my  daughters,  I  trust,  have  been,  or  the  daugh- 
ters of  gentlemen  whose  parlors  would  repel  such  associations.  This  negro 
started  to  run  away  with  the  unhappy  girl,  and  did  actually  take  her  from 
her  father's  home;  but  he  was  pursued  by  a  ^lozen  men,  and  his  bones  lie 
bleaching,  to-day,  iu  Leaufraite  Bottom.  [Apphiuse  on  the  left.]  Sir,  if  the 
doctrines  which  we  have  heard  advocated  here,  of  antagonism  to  any  such 
prohibition  as  is  asked,  shall  prevail,  it  Avill  lead  to  occurrences  of  this  sort. 


1868.] 


DEBATES  ANJy  PEOCEEDINGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Eaces.— KYLE— CYPEKT. 


The  people  expect  this  Constitutional  Convention  to  take  some  direct 
action  on  the  subject.  They  expect  the  question  to  be  referred  to  the 
proper  legislative  authority,  with  a  binding  injunction,  upon  that  body,  to 
provide  for  the  punishment  of  all  persons  entering  into  such  marriages, 
and  of  those  who  shall  solemnize  the  contract.  The  public  mind  is  agi- 
tated upon  this  subject.  Why,  sirs,  do  we  want  our  Constitution  adopted? 
I  hope  we  do.  We  want  to  go  out  before  the  country  as  having  done 
our  duty,  and  framed  the  best  instrument  that  we  could, — one  that  should 
commend  itself  to  the  good  sense  of  the  people,  one  that  should  so  recom- 
mend itself  as  to  secure  its  adoption  by  the  people,  and  secure  to  us  a 
State  government  that  will  possess  some  permanency ;  for  in  all  govern- 
ments, it  is  their  permanency  that  gives  security  to  life,  liberty,  and  prop- 
erty. And  unless  we  shall  place  ourselves  upon  the  basis  of  these  princi- 
ples, where  can  this  element  of  perpetuity  be  found?  Can  we  secure 
the  ratification  of  any  constitution  that  shall  disappoint  these  expectations 
of  the  people.  No,  sir;  we  cannot.  And  for  the  sake  of  obtaining  the 
ratification,  by  the  people,  of  the  Constitution,  we  ought  to  cease  quibbling 
about  this  and  that  measure  being  essentially  desirable,  and,  especially  on 
a  subject  where  the  people  believe,  and,  as  I  think,  rightfully  believe, 
there  is  danger,  insisting  upon  it  that  there  is  no  danger. 

Sir,  human  nature  is  the  same  to-day  as  it  was  six  thousand  years  ago 
—the  very  same.  Arouse  the  passions  of  men,  and  what  are  they  ?  Why, 
sir,  look  back  at  the  late  rebellion,  and  see  what  enormities  have  been 
perpetrated  b}-  mankind,  I  say,  to-day,  fearless  of  contradiction,  that  man, 
possessing  reason,  is  the  most  unreasonable  creature  of  which  we  have 
any  knowledge.  Brutes  are  true  to  instinct  and  nature;  but  man,  when 
his  passions  are  aroused,  and  unrestrained  by  the  grace  of  God,  is  the 
meanest  creature  that  walks  the  face  of  the  earth.  There  must  be  some 
restraining  influence  thrown  around  men,  both  black  and  white.  I  say  I 
believe  it  is  contrary  to  nature,  and  to  the  laws  of  God,  that  an  amalgama- 
tion of  races  should  take  place.  I  do  not  wish  to  consume  the  time  of  the 
Convention  in  an  argument  to  show  the  grounds  of  this  belief;  that  is  a 
species  of  argument  that  I  do  not  wish  to  introduce  here.  But  I  repeat, 
that  while  I  am  willing  to  give  the  black  man  his  rights,  civilly  and  politi- 
cally,  I-  say  there  is  a  line  of  demarcation — to  use  the  language  of  the 
gentleman  from  Phillips,— -that  sufficiently  separates  the  races;  and  they 
should  be  kept  separate  and  apart,  so  far  as  the  restraining  influences  of 
law  will  go.  And  whilst  I  have  not  a  great  deal  of  objection  to  the  amend- 
ment of  the  gentleman  from  White  [Mr.  Cypert],  I  would  rather  have 
adopted  the  Ordinance  which  I  offered;  and  I  shall  insist  upon  a  vote  on 
its  adoption. 

Mr.  CYPERT.  I  do  not  wish  to  present  any  argument  in  addition  to 
what  the  gentleman  [Mr.  Kyle]  has  said.    He  has  elaborated  the  subject 
(  496  ) 


Feb.  5th.]    AEKANSAS  COI^STITUTIOl^AL  CO^^YEj^TIOX.    [23d  Day. 


Intermarriage  of  the  Eaces.— C YPEKT— GEEY. 


more  ably  than  I  can ;  but  for  the  satisfaction  of  his  mind,  I  will  show  the 
effect  which  I  wish  to  produce  by  the  adoption  of  the  amendment  I  have 
proposed.  The  Constitution  will  provide  that  marriages  between  the 
parties  shall  be  illegal.  It  follows,  as  a  necessary  consequence,  that  the 
Legislature  shall  provide  the  necessary  penalties  for  enforcing  the  prohibi- 
tion. It  is  not  proposed  that  the  Constitution  shall  provide  penalties. 
That  instrument  will  declare  the  cohabitation  illegal ;  the  pienalties  will 
thereupon  be  provided  by  the  Legislature. 

Mr.  GEEY,  of  Phillips.  Allow  me  just  one  word,  in  answer  to  the 
remarks  of  the  gentleman  from  Dallas  [Mr.  Kyle.]  As  usual,  I  find 
the  whole  sentiment  upon  the  subject  to  turn  upon  one  point.  The  gen- 
tleman himself  admits  he  is  entirely  out  of  the  reach  of  any  such  influences 
as  those  which  he  deprecates ;  and  all  intelligent  men  are  in  the  same 
situation.  He  claims  this  proposed' provision  of  the  Constitution  for  the 
poorer  class  of  white  men.  Let  me  read  from  a  little  memorandum  that 
I  have  here,  in  regard  to  the  legislation  of  Virginia,  respecting  this  class 
of  people.  About  the  year  1836,  the  United  States  had  more  money  than 
she  knew  what  to  do  with.  She  proposed  to  divide  it  among  the  States, 
i^othing  was  said  about  the  share  of  Virginia,  until  1850,  when  it  was 
proposed,  by  the  House  of  ]^epresentatives,  that  the  fund  should  be  ac- 
cepted, and  used  to  establish  schools  for  the  poor  white  people.  The  Hon. 
Mr.  Garland  rose  in  his  place,  and  said  he  would  rather  see  the  children 
of  Virginia  rot,  than  to  take  that  money  for  the  purpose  of  a  school-fund. 

The  gentleman  uses  an  illustration  to  show  that  some  damage  is  to  re- 
sult from  an  omission  to  incorporate  in  the  Constitution  a  provision  on 
this  subject,  and  that  such  transactions  meet  their  just  deserts.  That  is 
all  right  enough.  And  when, — as  he  himself  remarks, — a  man  attains 
wealth,  knowledge,  and  social  position  in  the  world,  can  he,  or  any  other 
man,  prevent  that  man  associating  with  any  other  whom  he  chooses  to 
accept  as  his  associate  ?  I  have  a  little  anecdote,  to  relate  here,  of  an  inci- 
dent that  took  place  in  'New  York.  A  New  York  merchant  held  commer- 
cial intercourse  with  Honduras.  A  merchant  there  had  shipped  to  him 
large  quantities  of  dye-stuff.  Trade  had  been  going  on  between  the  two, 
by  the  medium  of  letters,  for  a  number  of  years.  The  Honduras  merchant 
•at  length  determined  'to  go  to  New  York  and  see  his  correspondent, 
taking  with  him  letters  from  his  mercantile  friends.  He  entered  the 
ofiice  of  the  gentleman,  who  stood  for  some  time  perfectly  astounded,  at 
the  visit,  ignorant  of  the  fact  that  this  was  his  Honduras  correspondent. 
At  last  he  turned  down  his  spectacles,  and  asked  the  visitor  what  he 
wanted.  The  letters  were  produced  ;  and  he  was  profoundly  surprised  to 
find  that  this  was  the  gentleman  who  had  shipped  him  stuff  to  the  amount 
of  a  hundred  and  fifty  thousand  dollars  a  year,  from  his  house.  "  Take  p. 
seat."    The  visitor  sat  down;  and  after  some  conversation  the  merchant 

32  (  497  ) 


1868.] 


DE:BATES  and  PEOCEEDmGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Races. — GREY. 


accompanied  him  back  to  the  hotel,  and  found  it  almost  impossible  to 
avoid  asking  him  to  call  at  his  house.  He  "did  the  courteous,"  and  pro- 
posed that  his  visitor  should  go  to  church  with  him  on  Sunday— I  presume 
they  were  Episcopalians.  He  took  the  gentleman  to  church  with  him, 
on  the  Sabbath.  'Now,  he  and  a  neighbor  occupied  a  pew  together,  for 
which  the  two  paid ;  and  the  latter,  entering  the  church  and  seeing  in  the 
pew  this  gentleman  of  dark  complexion,  became  very  indignant.  At  the 
close  of  the  services,  he  stood  waiting  outside  the  church-door,  to  ask 
an  explanation.  "Look  here,  sir!  you  have  had  a  nigger  in  my  pew, 
to-day  !"  "  Well,  friend,  it  was  imposible  to  get  along  without  it — he  is 
doing  a  large  amount  of  business  with  me  ;  and  as  he. is  a  stranger  in  the 
city,  and  brought  letters,  I  couldn't  avoid  inviting  him."  "It  makes  no 
difference — he's  a  nigger!"  "But  he  is  an  educated  man,  and  a  perfect 
gentleman."  "It  makes  no  difference — he's  a  nigger!"  "He  is  worth 
five  hundred  thousand  dollars,  and  does  a  business  of  many  hundreds  of 
thousands  of  dollars  a  year.  I  was  going  to  bring  him  around,  to-morrow, 
and  introduce  him."  "Is  that  so? — You  must  bring  him  around." 
[Laughter.] 

I  have  seen  the  workings  of  the  same  principle,  right  in  this  country. 
I  can  take  you,  in  this  country,  where  there  are  negroes, — somewhat 
bleached  out, — worth  from  one  hundred  to  five  hundred  thousand  dollars; 
and  since  they  have  been  free  they  have  never  allowed  their  blood  to  be 
tainted  any  more.  These  facts  go  to  show,  as  the  gentleman  asserts,  and 
as  I  will  admit,  that  a  repugnance  exists.  There  is  no  means  of  direction 
except  that  of  giving  an  interest.  When  I  do  a  day's  work  for  a  man,  and 
he  pays  me  for  it,  our  connection  ceases.  Give  our  children  education, 
and  yours.  And  if  there  are  laws  of  God,  that  cannot  be  violated  without 
injury  to  both, — if  there  are  laws  of  God,  and  this  repugnance  exists, — 
that  fact  should  itself  be  sufficient,  to  keep  up  the  line  of  demarcation. 

As  far  as  regards  putting  the  negro  upon  an  equality  with  anybody,— 
that  is  an  impossibility.  White  men  are  not  on  a  social  equality  with 
each  other.  There  are  hundreds  of  thousands  of  white  men  of  as  good 
Saxon  lineage  as  any  in  this  house,  that  never  dare  attempt  to  cross  your 
threshold.  And  I  have  seen  negroes  as  black  as  Erebus  having  perfect 
access  to  the  house,  when  white  men  stood  in  the  entry,  with  their  hats, 
in  their  hands.  There  is  no  social  equality  between  yourselves  :  how  can 
we  expect  it? 

I  do  not  argue  thus  because  I  am  not  utterly  opposed  to  amalgamation. 
But  it  does  seem  strange  to  me  that  gentlemen  oppose  it  only  when  it 
takes  place  in  a  legitimate  form.  They  make  no  opposition  to  it  when 
manifesting  itself  in  an  illegitimate  form.  They  do  not  propose  to  punish 
anybody  for  illegitimate  intercourse.  Is  that  fair?  If  we  are  to  have  in- 
serted in  the  Constitution  a  clause  forbidding  legitimate  connections  be- 
(  498  ) 


Feb.  5tli.]    AEKAXSAS  COXSTITUTIOXAL  COyVEXTIO^\    [23d  Day. 


Intermarriage  of  the  Eaces. — GKET. 


tween  members  of  tbe  two  races,  ought  we  not  also  to  forbid  the  illegiti- 
mate intercourse?    Surely  the  latter  is  just  as  vicious  and  harmful. 

There  is  another  difficulty.  As  before  remarked,  the  great  trouble,  in 
settling  this  question,  has  been  with  regard  to  the  question  of  State  sover- 
eignty. Shall  the  great  central  Government  of  this  country  be  indeed  the 
centre,  the  sun,  of  this  solar  system  of  States?  In  a  word,  shall  a  citizen 
of  the  United  States  be  citizen,  also,  in  the  State  in  which  he  resides; 
and  enjoy  all  the  privileges  and  immunities  secured,  by  the  Xational 
Constitution,  to  a  citizen  of  the  United  States?  That  is  the  question — 
not  the  difference  between  the  races — that  is  a  sanitary  idea,  and  sinks 
into  insignificance,  in  comparison  with  this  great  question  of  equal  and 
impartial  citizenship,  in  accordance  Avith  the  principles  of  the  Constitution 
of  the  United  States.  Take  the  case  of  Xorth  Carolina,  where,  when  a 
man  is  one-sixteenth  black  and  fifteen-sixteenths  white,  he  is  a  white 
man,  and,  under  the  laws  of  the  State,  has  a  right  to  marry  whom  he 
pleases.  According  to  the  laws  of  Virginia,  before  the  war,  a  man 
seven-eighths  white  could  go  before  any  court,  prove  that  fact,  obtain  his 
papers  witnessing  the  fact,  and  pass  out,  into  the  world,  in  equality  with 
the  white  man,  in  all  social  and  political  rights.  That  was  in  a  slave 
State,  when  slavery  was  at  its  height  and  bloom.  Has  a  negro  a  vote,  in 
the  State  of  Ohio  ?  According  to  the  laws  of  the  State  of  Ohio,  to-day,  it 
is  held  that  a  man  must  be  either  white  or  black :  if  he  is  more  white  than 
black,  then  he  is  a  white  man;  if  he  has  more  of  black  blood  than  of  white, 
then  he  is  a  negro.  The  law  of  Louisiana,  before  the  war,  was,  that  a  child 
born  of  a  white  mother  follows  the  condition  of  the  mother.  Xo  matter 
what  the  color  of  the  child,  in  that  case,  it  became  a  free  white  man  or 
woman.  I  have  known  hundreds  and  thousands  of  black  men,  in  the 
State  of  Lousiana, — right  in  the  city  of  Xew  Orleans,— to  get  their  papers, 
before  the  law,  with  the  great  seal  of  the  State  thereon,  testifying  to  that 
fact.  They  passed  out  in  the  world,  and  had  the  right  to  circulate  and 
associate  in  any  company  they  chose. 

I  do  not  propose  to  favor  any  regulation  requiring  that  there  shall  be 
fifteen-sixteenths,  or  sixteen-sixteenths,  of  white  blood — that  makes  no  dif- 
ference to  me — no  difference  in  the  world.  As  I  before  remarked,  I  am 
opposed  to  miscegenation;  but  at  the  same  time,  the  difficulty  arises  here: 
— vxill  we  pander  to  prejudice,  and  insert  in  our  Constitution  a  clause  that 
will  come  in  conflict  with  the  Constitution  of  the  United  States,  with  the 
spirit  of  the  age,  and  the  rights  of  humanitj',  and  this  simply  for  the  sake  of 
pandering  to  the  prejudices  of  a  few,  for  the  time  being?  This  course  will 
not  protect  the  white  man.  Education,  wealth,  and  political  prejudices,  con- 
stitute the  protection  of  the  white  man.  He  has  the  right  of  the  ballot;  and 
if  he  has  that,  that  protects  him,  and  not  any  side  issue  with  regard  to  the 
races.    Let  me  say  to  the  gentleman,  that  with  the  public-schools  all  over 

(  ) 


1868.] 


DEBATES  AND  PEOCEBDmGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces.—GEEY— MATTHEWS— CYPEKT— KYLE. 


the  land,  with  the  growth  of  intelligence,  such  prejudices  and  ideas  will 
vanish  like  the  baseless  fabric  of  a  dream.  It  is  my  desire,  simply,  that  the 
Constitution  that  we  make  may  not,  in  any  short  period,  need  amendment, 
and  require  the  people  of  the  State,  through  their  representatives,  to  be 
again  called  together  to  form  a  new  constitution.  Let  it  be  built  upon 
the  solid  foundation  of  justice  and  right;  and  if  these  prejudices  must  be 
pandered  to  for  the  time  being,  let  it  be  by  the  enactment  of  the  Legisla- 
ture,— I  say,  the  enactment  of  the  Legislature;  for  as  forgiving  such  action 
the  title  of  laio,  I  have  never  had  sufficient  patience  to  do  it — I  believe,  with 
Socrates,  that  law  is  an  entity,  a  part  of  the  Deity — I  believe  that  when 
it  ceases  to  accord  with  the  eternal  and  unchangeable  truth,  it  is  ''not  law, 
but  only  Latin."  Keep  the  organic  law  of  the  land  clear,  and  we  can 
strip  it  of  these  side  issues,  and  I  have  no  doubt  of  the  result  before  the 
people.  The  white  people  of  this  country  have  always  protected  them- 
selves against  these  encroachments;  and  indeed,  as  far  as  that  is  con- 
cerned, it  has  been  attempted,  and  in  a  great  measure  with  success,  to 
engender,  between  the  poor  white  people  of  the  State  and  the  negro,  a 
bitter  prejudice.  That  flame  has  been  fostered  and  blown.  In  real  truth, 
their  interests  and  ours  are  united.  For  their  hopes  of  wealth,  intelli- 
gence, and  influence,  for  their  power,  both  of  those  classes  must  depend 
on  the  organic  law  of  the  State.  If  that  organic  law  places  within  their 
reach  the  means,  of  education  for  their  children,  the  opportunities  for  the 
development  of  their  intellect,  the  opportunity  to  ''work  their  way  up" 
in  the  world,  they  may  soon  come  to  take  their  place  among  the  races  of 
men,  and  among  the  leaders  of  their  people. 

Mr.  MATTHEWS.  With  the  consent  of  the  gentleman  from  Dallas 
[Mr.  Kyle],  I  ofler  the  following  as  a  substitute  for  both  his  proposition 
and  that  of  the  gentleman  from  White  [Mr.  Cypert.]  

The  PRESIDENT.  A  substitute  will  be  out  of  order.  As  many  amend- 
ments are  already  before  the  Convention,  as  can  be  entertained  at  one 
time. 

Mr.  CYPERT.  We  are  willing  to  withdraw. 

The  PRESIDEi^T.  In  that  case  the  gentleman's  [Mr.  Matthews'] 
substitute  will  be  in  order.  Is  the  substitute  offered  by  the  gentleman 
from  Dallas  [Mr.  Kyle]  withdrawn  ? 

Mr.  KYLE.  Yes,  sir. 

Mr.  MATTHEWS  then  offered  the  following  substitute  for  the  resolu- 
tion before  the  Convention : 

Resolved :  That  the  Committee  on  the  Constitution  be  directed  to  report  the 
.following  ordinance,  as  a  part  of  the  Constitution  : 

Be  it  ordained  :  That  any  marriage  between  a  white  person  and  one  of  negro 
or  mixed  blood  shall  be  void  in  this  State,  without  regard  to  where  the  same 
(  500  ) 


Feb.  5th.]   AEKA:XSAS  COXSTITUTIOXAL  COXVEXTIOX.    [23d  Day. 


Intermarriage  of  the  Eaces.—BEOOKS— WHITE. 


was  consummated  ;  and  that  it  is  hereby  made  the  duty  of  the  Legislature  to 
enact  such  h^ws  as  will  prevent  miscegenation. 

Mr.  BEOOKS.  I  would  like  to  inquire  the  state  of  the  question. 

The  PEESIDEXT.  The  gentleman  from  Sevier  [Mr.  Corbell]  offers 
a  resolution  as  an  amendment  to  the  resolution  of  the  gentleman  from 
Pulaski  [Mr.  Hixds.]  The  substitute  thereto  offered,  and  the  amend- 
ment to  the  substitute,  having  been  withdrawn,  this  resolution  is  now 
offered  as  a  substitute  for  the  whole. 

Mr.  "WHITE.* — I  did  not  think  that  I  would  have  anything  to  say  upon 
this  subject — that  of  amalgamation  : — but  the  gentlemen  on  the  other  side 
of  the  house  have  forced  me  to  say  a  few  words  in  defence  of  my  position. 
I  shall  try,  however,  to  avoid  a  superfluous  consumption  of  the  people's 
time. 

I  desire  to  say  that  the  resolution  of  the  gentleman  from  Pulaski  [Mr. 
Hixds]  meets  the  entire  approbation  of  the  colored  people.  Mr.  President 
and  gentlemen  of  the  Convention,  I  sincerely  hope  that  some  plan  will 
be  put  in  operation  that  will  effectually  prevent  all  illicit  intercourse;  but 
I  cannot  agree  with  the  gentleman  from  Dallas  [Mr.  Kyle],  in  the  idea 
that  h^has  set  forth,  for  I  would  not  so  underrate  the  virtue  of  the  white 
women  of  this  State. 

I  cannot  think  that  the  extension  of  the  right  of  suffrage  to  colored 
men  could  be  construed  as  opening  the  parlors  of  white  people  to  a  forcible 
entrance  of  colored  men:  but,  on  the  contrary,  their  virtue  and  pride  of 
race  Avill  be,  as  it  has  ever  been,  a  sufficient  safeguard  to  p)rotect  them 
from  anything  like  social  intercourse.  Mr.  President,  allow  me  to  ask  the 
gentleman  from  Dallas  who  is  to  blame  for  the  present  state  of  affairs? 
AVhen  I  look  around,  I  see  an  innumerable  company  of  mulattoes,  not 
one  of  them  the  heir  of  a  white  woman.  This  is  satisfactory  evidence  of 
the  virtue  of  white  women,  if  we  be  allowed  to  judge  the  future  by  the 
past.  Li  the  late  blocKly  war  these  gentlemen  left  their  wives  and  daugh- 
ters in  the  care  of  colored  men  for  four  years,  and  I  defy  the  gentleman 
to  cite  me  a  single  instance  where  they  have  failed  to  live  up  to  their 
integrity.  G-entlemen,  the  shoe  pinches  on  the  other  foot.  The  white 
men  of  the  South  have  been  for  years  indulging  in  illicit  intercourse  with 
colored  women,  and  in  the  dark  days  of  slavery  this  intercourse  was  in  a 
great  majority  of  cases  forced  upon  the  innocent  victims;  and  1  think  the- 
time  has  come  when  such  a  course  should  end.  . 


*  XoTE. — It  may  be  desirable  that  somewhere  in  the  course  of  the  Eeport  should  appear 
this  statement:  that  (in  accordance  with  custom)^  in  the  few  cases  where  a  member  has 
thought  proper  himself  to  w-rite  out,  or  to  revise,  his  remarks,  not  substantially  modifying 
the  ideas,  omitting  no  interpolations  of  others,  and  changing  no  expression  which  has  given 
rise  to  subsequent  remark,  such  revised  speech  has  been  substituted  for  the  transcript  from 
the  short-hand  notes. — Repokter. 

(  501  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces.— WHITE— HODGES  of  Pulaski. 


When  we  look  around  us  we  see  the  bad  results  of  this  course,  when 
two  families,  one  colored  and  one  white,  with  the  same  blood  coursing 
through  their  veins,  are  taught  to  disregard  the  family  relation ;  and  yet 
it  is  common  through  all  the  Southern  States.  Can  this  be  anything  else 
than  an  evil  growing  out  of  human  slavery  ?  I  think  not.  We  are  free 
in  the  [N'orth,  and  have  been  for  many  years ;  and  there  is  as  little  prospect 
now  as  there  ever  was  of  the  two  races  becoming  socially  identified.  The 
Yankees  will  preach  with  us,  pray  with  us,  sing  with  us,  and  advise  us  to 
vote  the  liepublican  ticket;  but  they  are  by  no  means  prepared  for  social 
equality.  So  far  as  the  ISTorthern  ladies  are  concerned,  they  are  like  the 
sensitive  plant, — they  shrink  from  the  most  distant  allusion  to  it. 

But,  Mr.  President,  this  argument  serves  to  arouse  the  prejudice  of  the 
ignorant  conservative  element;  for  I  do  not  believe  that  such  argument  is 
sufiicient  to  convince  the  more  intelligent  portion  of  that  party.  There 
is  one  thing  that  I  desire  at  the  present  time  above  all  others,  and  that  is 
that  this  honorable  body  may  strip  the  question  of  negro  sufi'rage  of  all 
outside  issues,  and  present  the  subject  of  equal  rights  with  all  its  bearings, 
to  the  people  of  Arkansas;  and,  my  soul  for  it,  we  will  triumph,  for  the 
principle  is  eternal.  He  that  liveth  forever  hath  said  that  He  is  on  the 
side  of  the  oppressed.  • 

Mr.  HODGES,  of  Pulaski.  I  shall  not  detain  the  Convention  long. 
But  this  resolution  looks,  to  me,  a  little  like  State  Rights,  secession,  or 
something  of  that  kind.   I  will  briefly  explain  my  reasons  for  so  thinking. 

Be  it  ordained :  That  any  marriage  between  a  white  person  and  one  of  negro 
or  mixed  blood  shall  be  void  in  this  State,  without  regard  to  where  the  same 
was  consummated  ;  and  that  it  is  hereby  made  the  duty  of  the  Legislature  to 
enact  such  laws  as  will  prevent  miscegenation. 

I  must  say,  sir,  I  think  there  is  a  little  of  State  Rights,  or  secession, 
here.  I  wish  to  read  a  few  words  from  an  article  in  the  Constitution  of 
the  United  States,  of  which  our  friends,  as  well  as  ourselves,  think  so 
highly.    I  read  from  Article  IV,  Section  2. 

"  The  citizens  of  each  State  shall  be  entitled  to  all  privileges  and  immunities 
of  citizens  in  the  several  States." 

It  is  very  plain  that  the  desire  is  to  violate,  directly,  that  article  of  the 
Constitution ;  and  that  we  cannot  incorporate  in  our  organic  act  any  pro- 
vision of  that  kind,  but  our  government  fails  to  be  republican  in  form, 
and  therefore  fails  to  be  in  accordance  with  the  provisions  of  the  Consti- 
tution of  the  United  States,  as  it  now  stands. 

I  wish  to  read,  also.  Section  1  of  the  Article  known  as  the  Fourteenth 
Article  of  Amendment,  which  we,  as  Republicans,  expect  may  some  time 
be  ratified,  even  in  this  State  : 
(  502  ) 


Feb.  5th.]    AEKANSAS  CONSTITUTIONAL  CONYENTION.    [23d  Day. 


Intermarriage  of  the  Kaces.— HODGES  of  Pulaski— KYLE. 


"All  persons  born  or  naturalized  in  the  United  States,  and  subject  to  the 
jurisdiction  thereof,  are  citizens  of  the  United  States  and  the  State  wherein 
they  reside.  No  State  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United  States;  nor  shall  any  State 
deprive  any  person  of  life,  liberty,  or  property,  without  due  process  of  law, 
nor  deny  to  any  person  within  its  jurisdiction  the  equal  protection  of  its  laws." 

I  appeal  to  the  Convention  if  this  proposed  action  does  not  savor  a  little 
of  secession  and  State  Rights, — something  which  I  supposed  was  played 
out,  here,  in  the  Spring  of  some  two  or  three  years  ago. 

If  the  purpose  is  to  prevent  crime,  we  are  with  our  friends.  But  we 
appeal  to  the  Convention  to  say  whether  by  prohibiting  legal  intercourse, 
we  prevent  crime.  If  anything  is  to  be  done,  I  think  the  Republicans  can 
join  in  something  like  this; — and  if  this  matter  is  pushed,  I  propose  to 
introduce  this  resolution,  and  I  believe  we  will  carry  it.  It  expresses  the 
sentiments  of  myself,  of  one  or  two  gentlemen,  I  think,  on  this  side  of  the 
house,  and,  it  may  be,  on  the  other.  I  have  no  doubt,  at  all,  that  it  w^ill, 
if  gentlemen  are  honest  in  their  intention,  prevent  amalgamation. 

Resolved:  That  the  Committee  on  the  Constitution,  its  Arrangement  and 
Phraseology,  be  instructed  to  frame  an  organic  Act,  so  as  to  effectually  pre- 
vent amalgamation  by  all  illicit  intercourse.  Also,  that  all  persons  cohabiting 
with  females,  without  regard  to  color,  shall  be  declared  and  considered  in  law 
as  man  and  wife. 

I  appeal  to  every  man  here,  whether,  if  such  a  law  were  enacted,  we 
should  not  have  less  cohabitation  of  the  two  races.  If  every  man  and 
woman  cohabiting  together  should  be  declared  man  and  wife,  and  the 
children  of  such  illegitimate  intercourse  should  inherit  in  like  manner  as 
if  the  parties  had  been  regularly  married,  we  should  remedy  the  fault. 

Mr.  KYLE.  I  will  ask  the  gentleman  if  he  does  not  think  that  rule 
would  facilitate  amalgamation.  I  think  it  w^ould  very  decidedly  facili- 
tate it. 

Mr.  HODGES.  No,  sir.    Well,  we  will  read  the  rest,  and  see. 

And  that  all  persons,  without  regard  to  color  or  previous  condition — and 
upon  this  point,  the  evidence  of  the  mother  shall  be  conclusive — shall  in- 
herit estates  of  their  ancestors,  the  same  as  though  legitimately  born.  Also, 
that  should  it  appear  that,  under  such  construction  of  law,  citizens  of  this 
State  are  guilty  of  the  crime  of  bigamy,  they  shall  be  punishable  in  accordance 
with  the  provisions  of  law. 

Also :  That  there  be  an  organic  law  preventing  citizens  of  this  State  from 
disposing  of  their  property  by  will,  or  otherwise,  only  to  the  heirs  to  such 
estates,  as  contemplated  by  the  foregoing  organic  Act. 


(  503  ) 


1868.]  DEBATES  AISTD  PEOCEEDHSTGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Eaces.— HODGES— MATTHEWS— MALLOEY—CYPEET. 


^^ow,  then,  gentlemen,  if  you  want  to  prevent  this  crime  of  amalgama- 
tion, this  plan,  or  some  similar  one,  will  do  it  more  effectually  than  any 
law  you  may  pass  preventing  legal  intercourse.  I  think  that  there  are 
others  who  agree  with  me  in  this  opinion.  Moreover,  the  system  would 
be  fair  to  all :  there  would  be  no  distinctions  in  reference  to  race  and 
color — it  would  be  in  accordance  with  a  republican  form  of  government, 
and  with  the  Constitution  of  the  United  States. 

Mr.  MATTHEWS.  Suppose  citizens  had  rights  in  other  States,  in  con- 
travention of  the  provisions  of  that  resolution,  or  ordinance,  whichever  it 
is :  why  would  not  that  plan  conflict  with  the  Constitution  of  the  United 
States,  as  much  as  any  other  proposed? 

Mr.  HODGES.  So  far  as  that  goes,  it  would  be  unrepublican. 

Mr.  MATTHEWS.  It  certainly  would,  on  the  gentleman's  theory  : 
there  is  no  such  law  in  any  other  State. 

Mr.  MALLORY  moved  the  previous  question. 

Mr.  KYLE.  I  ask  the  gentleman,  as  a  matter  of  courtesy,  to  withdraw, 
for  a  moment,  at  least,  the  call  for  the  previous  question. 

Mr.  SARBER  called  for  the  reading  of  the  resolution. 

The  SECRETARY  read  the  (substitute)  resolution  offered  by  Mr.  Mat- 
thews, 

Mr.  JOHN'SOiT.  I  move  to  vote  that  question  out  of  the  house. 

The  PRESIDEI^T.  The  question  before  the  Convention,  and  which 
takes  precedence,  is, — Shall  the  main  question  be  now  put? 

Mr.  MALLORY.  I  did  not  intend  to  move  the  previous  question  upon 
that  resolution.  I  thought  the  gentleman  from  Pulaski  [Mr.  Hodges]  had 
offered  his  proposition  as  a  substitute  for  the  whole. 

Mr.  HODGES,  of  Pulaski.  I  did  not  offer  it ;  but  stated  that  if  the 
matter  should  occupy  more  time,  I  would  offer  it,  w^ith  a  view  to  settle  the 
whole  question — and  I  think  it  would  settle  it  effectually. 

The  question  was  taken;  and,  a  division  being  called  for,  the  motion 
was  agreed  to, — Ayes  33,  K'oes  17 :  so  the  main  question  was  ordered. 

The  question  recurring  upon  the  adoption  of  the  substitute  (offered  by 
Mr.  Matthews), 

Mr.  CYPERT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  negative, — Yeas  19, 
l^ays  43,  as  follows  : 

Yea^;  Messrs.  Beasley,  Bradley,  Corbell,  Cypert,  Harrison,  Hicks,  Hollis, 
Hoge,  Kyle,  Matthews,  McCown,  Norman,  Owen,  Portis,  Puntney,  Reynolds, 
Shoppach,  Walker,  and  Wright — 19. 

Nays:  Messrs.  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon,  Gray  of 
(  504  ) 


Feb.  5tli.]    AEKANSAS  CO]S^STITUTIOjN^AL  CO^sTYENTIOX.    [23d  Day. 


Intermarriage  of  the  Eaces.— GEE  Y— WILSOIT. 


Jefferson,  Grey  of  Philli^DS,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges  of  Pu- 
laski, Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Merrick,  Mis- 
ner,  Millsa^^s,  Murphy,  McClure,  Oliver,  Poole,  Priddy,  Eawlings,  Eector, 
EouDsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  Wilson,  White, 
Williams,  Wyatt,  and  the  President — 43, 

So  the  substitute  was  rejected.  — 

Pending  the  call  of  the  roll : 

Mr.  GREY,  of  Phillips  (when  his  name  was  called),  said  :  I  vote  against 
the  clause  that  comes  in  conflict  with  the  Constitution  of  the  United  States, 
which  gives  me  the  same  rights  and  privileges  with  any  citizen  of  the 
United  States.  As  far  as  miscegenation  is  concerned,  I  am  opposed  to 
that.    I  vote  'No. 

Mr.  W^ILSOX  (when  his  name  was  called)  said:  I  wish  to  make  a  re- 
mark. I  shall  have  to  be  considered  as  changing  my  reckoning,  slightly, 
upon  this  subject.  It  appears  there  are  two  great  parties,  the  AVhite  Man's 
Party  and  the  'Negro  Party.  I  belong  to  the  i^egro  Party,  and  not  to  the 
White  Man's  Party.  I  therefore  vote  against  the  substitute,  and  to  give 
the  white  men  part  of  the  advantage  of  the  bleaching  process.  [Laughter.] 
I  shall  have  to  vote  No. 

The  vote  was  then  announced  as  above. 

The  question  recurring  on  the  amendment  (proposed  by  Mr.  Corbell), 
The  vote  was  taken  ;  and  the  question  was  decided  in  the  negative, — 
Yeas  17,  Nsljs  42,  as  follows : 

Yeas:  Messrs.  Beasley,  Bradley,  Corbell,  Harrison,  Hicks,  Hoge,  Kyle,  Mc- 
Cown,  Moore,  ^^orman,  Owen,  Portis,  Puntney,  Reynolds,  Shopj^ach,  Walker, 
and  Wilson — 17. 

Nays:  Messrs.  Bell,  Brashear,  Brooks,  Coates,  Duvall,  Evans,  Exon,  Gray 
of  Jefferson,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Ho],lis,  Hodges 
of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Mer- 
rick, Misner,  Millsaps,  Murphj^,  McClure,  Oliver,  Poole,  Eawlings,  Eector, 
Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  White,  Wil- 
Uams,  Wyatt,  and  the  President— 42. 

So  the  amendment  was  rejected.  ,  . 

Pending  the  call  of  the  roll : 

Messrs.  G-AOTT  and  W'RIGHT  asked  to  be  excused  from  voting;  they 
having  just  entered  the  hall,  and  not  understanding  the  question. 

No  objection  being  made, 

Messrs.  GA^TT  and  WRIGHT  were  excused  from  voting. 
The  vote  was  then  announced  as  above* 

(  505  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


IntermarriageoftheKaces.— McCOW]^— BEASLEY— McCLURE— CYPERT— BEOOKS. 


The  question  recurring  upon  the  resolution: 

Mr.  McCOWN  asked:  Would  it  be  in  order  to  move  an  adjournment? 
The  PRESIDENT.  It  would  not.    The  previous  question  has  been 
ordered. 

Mr.  BEASLEY-  In  order  to  make  myself  appear  consistent  and  correct 
in  my  vote,  I  shall  make  a  few  remarks.  

The  PRESIDENT.  The  gentleman  will  have  an  opportunity  to  make 
his  explanation  when  the  roll  shall  be  called. 

Mr.  McCLURE.  I  move  a  call  of  the  house.  I  observe  that  some  gen- 
tlemen are  absenting  themselve^:  and  I  want  to  have  a  full  vote. 

The  question  was  taken  on  the  motion  for  a  call  of  the  house;  and  the 
motion  was  agreed  to,  and  a  call  of  the  house  ordered. 
The  SECRETARY  proceeded  to  call  the  roll. 

Pending  the  call : 

Mr.  BEASLEY  said:  Mr.  Van  Hook  is  sick,  at  home;  he  did  not  dodge 
the  question. 

All  the  members  of  the  Convention,  except  Messrs.  Montgomery  and 
Van  Hook,  answering  to  their  names, 

Mr.  BROOKS  moved  that  further  proceeding  under  the  call  be  dis- 
pensed with. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 
Mr.  McCOWN.  I  read  from  Rule  XY: 

"A  motion  to  adjourn  shall  always  be  in  order,  and  shall  be  decided  with- 
out debate." 

The  PRESIDENT.  The  gentleman  states  the  rule  correctly.  But  the 
previous  question  has  been  ordered;  the  vote  is  now  being  taken,  on  the 
main  question ;  and  it  is  the  opinion  of  the  Chair  that  while  the  vote  is 
being  taken,  a  motion  to  adjourn  is  not  in  order. 

Mr.  CYPERT.  I  ask  a  division  of  the  question.  I  am  willing  to  vote 
for  a  resolution  setting  forth  that  I  am  opposed  to  miscegenation ;  but  I 
do  not  wish  to  be  offering  recommendations,  to  future  Legislatures,  as  to 
what  laws  they  shall  pass. 

Mr.  BROOKS.  Do  I  understand  the  gentleman  to  object  to  recom- 
mending his  views  to  the  next  Legislature-— as  a  recommendation  ?  Jam 
willing  to  recommend  my  views  to  their  notice. 

Mr.  CYPERT.  I  think  it  futile  to  do  so. 

The  PRESIDENT.  A  division  of  the  question  is  called  for.    The  ques- 
tion will  first  be  taken  upon  the  first  clause  of  the  resolution. 
(  506  ) 


Feb.  orb.]    AEKA^SAS  COXSTITUTIOyAL  COyTEXTIOX.    [23:1  Day. 


Intermarriage  of  the  Eaees.— HIVDS— WILSOX— BEASLEY. 


Mr.  GAXTT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  vote  was  then  taken  on  the  adoption  of  the  first  cdanse  of  the  reso- 
lution, to  wit : 

Besolved :  That  this  Convention  is  utterly  op]>osed  to  all  amalgamation  be- 
tween the  white  and  colored  races,  whether  the  same  is  legitimate  or  illegiti- 
mate : 

And  the  question  was  unaniraoiisly  decided  in  the  afiirmative. 
Pending  the  call  of  the  roll : 

Mr.  EECTOR  (when  his  name  was  called^  asked  to  be  excused  from 
voting. 

Mr.  GAXTT.  and  others,  objected:  whereupon, 
Mr.  EECTOE  voted  Aye. 

The  vote  was  then  announced  as  above, 

Mr.  HiyDS.  I  think  we  should  congratulate  ourselves,  that  we  have 
agreed  upon  one  point. 

Mr.  TTELSOX.  I  hope  the  gentleman  [Mr.  HiXDs]  wiE  withdraw  the 
remainder  of  the  resolution,  and  let  it  pass. 

The  vote  was  then  taken  on  the  adoption  of  the  remaining  portion  of 
the  resolution,  to  ^vit : 

"We  would  therefore  recommend  that  the  next  General  Assembly  enact  such 
laws  as  may  effectually  govern  the  same  ; 

And  the  question  was  decided  in  the  afirmative,^ — Yeas  56,  Xays  9,  as 
follows  : 

Teas  :  Alessrs.  Eeasley.  Eelden.  Eell.  Brashear.  Brooks.  Coates.  Corbell.  Eale, 
Evans.  Exon,  Gantt.  Gray  of  Jefferson.  Grey  of  Phillips,  Harrison.  Hatfield. 
Hawkins.  Hicks.  Hinds,  Hinkle.  Hollis.  Hodges  of  Pulaski,  Houghton.  Hutch- 
inson, Jolinson,  Kyle.  Alallory.  ]\Iason.  Alaithews.  AJerrick.  Millsaps.  ^Murphy. 
XcCown.  [McClure.  Xorman,  Ohver.  Owen,  Poole,  Portis,  Priddy,  Puntney. 
EawHngs,  Eector.  Eeynolds,  Eounsaville,  Sams.  Samuels,  Sarber.  Scott,  Sims, 
j   Smith,  Snyder.  Walker.  White.  Williams.  Wyatt.  and  the  President — 56. 

Xats  :  Messrs.  Bradley.  Cypert.  Hoge.  Eangley,  Alisner.  Moore.  Shoppach, 
Wilson,  and  Wright — 9. 

J^o  the  resolution  was  adopted. 

Pending  the  call  of  the  roll :  ' 
Mr.  BEASEEY  twhen  his  name  was  called)  said:  The  time  has  coine, 
now,  for  me  to  make  my  remarks.    I  voted  for  the  substitute,  because  I 
preferred  that:  but  since  this  is  proposed,  and  is  the  best  we  can  get,  I 
shall  vote  for  that.    And  I  will  now  suggest  an  amendment.    TTiU  this 

(  507  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Intermarriage  of  the  Kaces.— EXPLANATIONS. 


resolution  accompany  the  Constitution?  [Cries  of"  Certainly."]  That  is 
the  point :  is  it  to  be  connected  with,  or  inserted  in,  the  Constitution,  in 
some  sense,  so  that  the  next  Legislature  may  get  hold  of  it  tangibly,  and 
so  that  it  may  go  before  the  people?    I  ask  for  information. 

The  PRESIDENT.  That  will  depend  upon  the  action  of  the  Convention. 

Mr.  BROOKS.  I  suppose  it  will  be  all-sufficient  for  it  to  go  upon  the 
Journal,  and  be  published  in  the  proceedings  of  the  Convention.  It  will 
be  perfectly  accessible,  among  the  public  documents. 

Mr.  GREY,  of  Phillips.  I  move  that  it  be  put  in  pamphlet  form. 

The  PRESIDENT.  All  these  amendments  are  out  of  order. 

Mr.  BEASLEY.  This  being  the  best  we  can  get,  I  shall  vote  for  it. 
I  vote  Aye.  I  wish  to  have  the  Legislature  instructed  to  the  best  purpose 
we  can. 

Mr.  BRADLEY  (when  his  name  was  called)  said  :  Let  me  explain  my 
vote.  I  am  in  favor  of  some  action  by  the  Legislature,  to  the  accomplish- 
ment of  that  end ;  but  when  I  am  called  upon  to  vote  upon  this  part  of 
the  resolution,  with  the  understanding  that  I  am  referring  the  question  to 
the  Legislature,  I  vote  No. 

Mr.  Bradley  subsequently  sent  to  the  Secretary's  desk  the  following 
written  explanation,  which  he  asked  to  have  spread  upon  the  Journal: 

I  am  in  favor  of  Legislative  action  on  this  subject.  As  a  mere  matter  of  re- 
ferring the  question,  to  avoid  action  by  this  Convention,  I  vote  Nay. 

Mr.  CORBELL  (when  his  name  was  called)  read,  in  substance,  the  fol- 
lowing explanation,  which  he  subsequently  sent  to  the  Secretary's  desk, 
and  asked  to  have  spread  upon  the  Journal. 

I  would  rather  have  a  clause  inserted  in  the  Constitution,  forbidding  amal- 
gamation ;  but  as  I  cannot  get  that  clause  inserted,  I  vote  Yea,  but  have  no 
idea  that  the  Legislature  will  take  cognizance  of  it. 

Mr.  CYPERT  (when  his  name  was  called)  voted  No,  and  read  the  fol- 
lowing explanation,  which  he  sent  to  the  Secretary's  desk,  and  asked  to 
have  spread  upon  the  Journal. 

I  deem  any  recommendation  of  this  Convention  to  the  future  Legislators 
of  the  State,  by  resolution,  as  futile  and  arrogant  in  the  extreme. 

Mr.  GANTT  (when  his  name  was  called)  said :  I  record  my  vote  in  the 
affirmative ;  and  I  do  so  because,  from  principle,  I  am  opposed  to  the  inter- 
mi^fture  of  the  races,  and  think  the  Legislature  ought  to  be  instructed,  so  far 
as  it  is  in  our  power,  to  prevent  such  connections,  if  possible.    I  vote  Aye. 

Mr.  GREY,  of  Phillips  (when  his  name  was  called),  said :  Let  me  ex- 
plain my  vote.  Erom  the  honest  conviction  that  the  people  will  elect  such 
(  508  )  , 


Feb.  5thO    AEKAXSAS  COXSTIirTIOXAL  COXV£XTIO^\    [23d  Day, 


Intermarriage  of  the  Eaces. — EXPLAXATIOXS. 

a  Ledslatnre  as  will  take  hold  of  this  matter,  and  because  this  Constitu- 
tional Convention  has  already  referred  resolutions  for  action  by  that  Legis- 
lature,. I  vote  Aye. 

Mr,  HICKS  I  when  his  name  was  called  i  said:  I  am  not  heavy  on  ex- 
planations. But,  if  our  recommendation  will  be  of  any  advantage  to  the 
next  Legislature.  I  will  vote  Aye. 

Mr.  HODGES,  of  Pulaski  (when  his  name  was  called\.  said:  Li  order 
that  the  next  Lesdslature  may  not  be  deceived  with  regard  to  our  opinions 
as  to  how  this  should  be  corrected.  I  vote  Aye,  and  will  soon  move  the 
resolution  which  I  have  read, 

Mr.  HOGE  i  when  his  name  was  calledj  said  :  I  am  opposed  to  political 
Buncombe:  and  vote  ZSo. 

Mr.  HETCHIXSGX  iwhen  his  name  was  calledj  said:  It  seems  to  be 
tashionable  to  make  explanatory  remarks  upon  the  votes.  I  have  been  all 
the  time  silent,  duriuo;  the  discussion:  audi  therefore  take  this  manner  of 
expressing  my  own  sentiments  upon  the  subject.  It  appears  to  me  that 
this  resolution  asks  more,  of  the  Legislature,  than  it  is  competent  for  any 
body  of  men  to  grant.  It  asks  that  they  shall  provide  that  such  a  thing 
shall  be  tbrever  prevented — a  result  which,  in  my  opinion,  it  is  impossible 
for  any  body  of  men  to  accomplish.  Xotwithstanding  this,  however,  I 
record  my  vote  in  the  atiirmative. 

Mr.  LAXGLEY  (when  his  name  was  called)  said  :  As  gentlemen  are 
making  explanations,  I  will  have  to  make  an  explanation,  by  asking  to  be 
excused  from  voting.    I  beg  to  be  excused. 

Objection  being  made, 

Mr.  LAXGLE  Y  said  :  If  not  excused,  I  shall  vote  against  the  proposi- 
tion, and  explain  myself  in  this  way:  I  am  opposed  to  amalgamation:  but 
I  am  also  opposed  to  prohibiting  marriage  betAveen  any  persons,  on  account 
of  color,  as  I  consider  it  would  be  contrary  to  the  doctrine  of  equal  rights 
before  the  la\v,  and  not  strictly  republican.  [Laughter  and  applause.] 

Mr.  MAJLLORY.  I  vote  Aye,  for  this  reason.  I  believe  that  the  course 
proposed  is  the  only  legitimate  way  of  getting  rid  of  this  question,  and 
sends  it  to  the  only  place  where  it  can  be  handled.  I  do  not  believe  the 
Constitutional  Convention  has  anything  to  do  with  it. 

McCO^VY  (when  his  name  was  called)  said:  I  will  follow  suit,  in 
the  way  of  giving  a  reason  for  my  vote.  That  resolution  does  not  come 
up  to  what  I  think  it  should  be.  It  does  not  accomplish  all  that  I  desire, 
or  all  that  I  hope  for.  But.  not  being  a  spoiled  child,  I  will  take  a  half- 
loaf  rather  than  no  bread  at  all.  hoping  I  may  get  the  whole  before  we 
are  done.    I  shall  vote  in  the  affirmative. 

Mr.  McCowx  subsequently  sent  to  the  Secretary's  desk  the  following 
explanation,  which  he  asked  to  have  spread  upon  the  Journal. 

(  509  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


The  Reports  of  Standing  Committees.— MALLORY. 


The  resolution  is  not  all  I  wish  or  hope  for,  or  the  occasion  demands.    I  I 

vote  in  favor  of  it — half  a  loaf  is  better  than  no  bread  at  all.  ![ 

II 

Mr.  MOORE  (when  his  name  was  called)  said :  While  I  am  opposed  to 
amalgamation  of  the  races,  I  hold  that  we  have  no  right,  here,  to  instruct 
any  subsequent  Legislature  that  may  assemble.    To  do  so  is  asking  more  li 
than  we  have  a  right  to  ask.    Being,  at  the  same  time,  opposed  to  our  I 
making  political  campaign  documents,  I  shall  vote  l^o. 

Mr.  SARBEE,  (when  his  name  was  called)  remarked  :  I  would  say  that  i 
I  believe  the  people  of  this  or  any  State,  have  a  right  to  instruct  their  ■ 
representatives,  on  any  subject;  and  I  have  full  confidence  that  the  coming  ! 
Legislature  will  pay  proper  respect  to  the  will  of  the  people,  thus  expressed.  I 
I  vote  Aye. 

Mr.  WILSOI^  (when  his  name  was  called)  said :  If  an  explanation  is  | 
necessary,  I  have  to  say  that  I  am  opposed  to  the  passage,  here,  of  any  | 
recommendation  to  a  Legislature,  to  do  any  act  not  founded  upon  organic 
law;  on  the  ground  that  such  a  provision  ought  not  to  appear  in  our  organic  | 
law.    I  am  opposed  to  our  Legislature  being  instructed  to  enact  laws 
which  can  only  b}^  implication  be  considered  Constitutional. 

Mr.  WHITE  (when  his  name  was  called)  said :  As  I  am  in  favor  of  the 
Legislature  doing  right  to  the  colored  people  as  well  as  to  the  white,  I 
vote  Aye.  I 

Before  the  vote  was  announced  :  | 

Mr.  HINDS  said  :  Some  explanations  were  made,  during  the  call,  that  ] 
were  not  fully  understood.    I  would  like  to  understand  them.    I  see  that 
several  parties  have  sent  up  written  explanations.    The  inquiry  has  been  ' 
suggested,  whether  the  gentleman  from  Bradley  [Mr.  Bradley]  objected 
to  the  measure  on  account  of  the  word  ''usage"  being  omitted  from  the  : 
resolution. 

Mr.  BRADLEY.  I  sent  up  a  written  explanation,  setting  forth,  exactly  ' 
as  I  stated  verbally,  that  I  was  in  favor  of  Legislative  action,  but  that,  as 
a  mere  matter  of  evasion  on  the  part  of  this  body,  to  get  rid  of  the  ques- 
tion, I  voted  against  the  resolution.   [Zb //le  Secretary.]  Read  my  expla-  | 
nation,  if  you  please,  for  the  satisfaction  of  the  gentleman.    [The  Secre- 
tary read  the  explanation  of  Mr.  Bradley,  as  before  given.]  I 

The  vote  was  then  announced  as  above.  j 

-    ^-  .      [  .    ■    ■  , 

THE  REPORTS  OF  STANDING  COMMITTEES.  ^ 

J 

Mr.  MALLORY  offered  the  followino^  resolution  :  j 
(  510  )  '  i 


Feb.  5th.]    AEKAjS^SAS  CON'STITUTIO^s^AL  CO]SrYENTIO:NT.   [23d  Day. 


Intermarriage  of  the  Eaces.— C  YPEET. 

Besolved :  That  all  standing  Committees,  except  the  Committee  on  Elective 
Franchise,  be  instructed  to  report,  at  the  earliest  practicable  moment^  to  the 
Committee  on  the  Constitution. 

A  MEMBER.  I  would  like  to  have  an  exception  made  in  the  case  of 
the  Minority  Eeport  of  the  Committee  on  Penitentiary. 

The  PRESLDEOT.  That  is  not  one  of  the  standing  committees,  to 
which,  alone,  the  resolution  applies. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

Mr.  WILSOi!^  moved  that  the  Convention  adjourn  to  10  o'clock,  a.m., 
of  Thursday,  February  6th. 

The  question  was  taken ;  and  the  motion  was  agreed  to ; 

And  thereupon,  at  1.15,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Thursday,  February  6th.  ^    "  , 


T  W  E  N  T  Y-F  OURTH  DAY. 

Thursday,  February  Qfh,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  olfered  by  the  Chaplain. 

The  roll  was  called ;  and  the  following  members  answered  to  their  names : 

Messrs.  Beasley,  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Corbell,  Cypert, 
Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips,  Harrison, 
Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis,  Hodges  of  Pulaski,  Hoge, 
Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason,  Matthews, 
Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McClure,  Moore, 
Norman,  Oliver,  Poole,  Portia,  Priddy,  Puntney,  Rawlings,  Rector,  Reynolds, 
Rounsaville,  Sams,  Samuels,  Sarber,  Scott,  Shoj^pach,  Sims,  Smith,  Snyder, 
Yan  Hook,  Walker,  Wilson,  White,  Williams,  Wright^  Wyatt,  and  the  President. 

Sick  :  Mr.  Coates. 

Excused  :  Messrs.  Hodges  of  Crittenden,  and  Owen. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names : 

intermarriage  of  the  races — AGAIN. 

The  Journal  of  the  preceding  day  was  read. 

Mr.  CYPERT.  I  observe  that  the  explanation  of  the  gentleman  from 
Clark  [Mr.  Langley]  is  not  inserted  in  the  minutes.  It  was  written  out, 
and  it  was  asked  that  it  be  inserted  in  the  Journal. 

(  511  ) 


1868.] 


DEBATES  A]S[D  PEOCEEDINGS  OF  THE  [Thursday, 


Payment  of  Deputy  Sheriflfs.— Eeport  of  Committee  on  Elective  Franchise. 


Mr.  LANGLEY.  I  do  not  care  whether  it  is  or  not. 
Mr.  CYPEET.  It  is  of  no  consequence,  if  the  gentleman  does  not 
desire  it  inserted. 

After  some  further  discussion  in  regard  to  correction  of  tlie  minutes, 
The  Journal  of  the  preceding  day  was  approved. 

PAYMENT  OF  DEPUTY  SHERIFFS — AGAIN. 

The  PEESIDEi^'T  laid  before  the  Convention  a  communication  from 
Brevet  Brigadier-General  C.  H.  Smith,  commanding  Sub-District  of  Ar- 
kansas, in  relation  to  the  pay  of  Deputy  Sheriffs,  etc.,  for  services  rendered 
at  the  election  upon  the  question  of  calling  a  convention,  and  for  the  choice 
of  delegates:  requesting  that  the  Convention  should  take  measures  for 
the  payment  of  such  services,  or  should  afibrd  a  statement  of  the  grounds 
of  their  action  in  declining  so  to  do. 

Mr.  BEOOKS  moved  that  the  communication  be  referred  to  the  Com- 
mittee on  Finance,  Taxation,  Public  Debt,  and  Expenditures. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

V  •  ELECTIVE  FRANCHISE. 

Mr.  HINDS,  on  behalf  of  the  Committee,  submitted  the  following 

EEPORT  OF  COMMITTEE  ON  THE  ELECTIYE  FRANCHISE. 

The  Committee  to  whom  was  referred  the  matter  of  Elective  Franchise,  beg - 
leave  to  submit  the  following  Eeport : 

ARTICLE  — . 

Section  One.  Every  male  person  born  in  the  United  States,  and  every  per- 
son who  has  been  naturalized,  or  who  has  legally  declared  his  intention  to  be- 
come a  citizen  of  the  United  States,  twenty-one  years  old,  or  upward,  who 
shall  have  resided  in  this  State  six  months  next  preceding  the  election,  and 
ten  days  in  the  county  in  which  he  offers  to  vote,  except  as  hereinafter  pro- 
vided, shall  be  deemed  an  elector. 

Section  Two.  It  shall  be  the  duty  of  the  General  Assembly  to  provide  from 
time  to  time  for  the  registration  of  all  electors;  but  the  following  classes  of  per- 
sons shall  not  be  permitted  to  register,  vote,  or  hold  office : 

1st — Those  who  shall  have  been  or  may  be  convicted  of  treason,  embezzle- 
ment of  the  public  funds,  bribery,  or  perjury. 

2d — Those  who  during  the  late  rebellion  inflicted  or  caused  to  be  inflicted, 
any  cruel  or  unusual  punishment  upon  any  soldier,  sailor,  marine,  employee,  or 
citizen  of  the  United  States,  or  who  in  any  other  way  violated  the  rules  of 

.(  512  ) 


Feb.  6th.]   AEKAISTSAS  COJSTSTITUTIONAL  CO^YEXTIOI^.  [24th  Day. 


Keport  of  Committee  on  Elective  Franchise. 


civilized  warfare,  or  engaged  in  that  system  of  warfare  known  as  bushwhack- 
ing, or  guerilla. 

3d— Those  who  may  be  disqualified  from  holding  ofiice  by  the  proposed 
Amendment  to  the  Constitution  of  the  United  States,  known  as  Article  XIY, 
and  those  who  have  been  disqualified  from  registering  to  vote  for  Delegates  to 
the  Convention  to  frame  a  Constitution  for  the  State  of  Arkansas,  under  the 
Act  of  Congress  "  To  provide  for  the  more  Efficient  Government  of  the  Eebel 
States,"  passed  JMarch  2d,  1867,  and  the  Acts  supplementary  thereto.  All  per- 
sons who  during  the  late  rebellion  took  an  oath  of  allegiance  or  amnesty,  under 
any  Proclamation  of  the  President,  or  General  Order,  to  the  United  States 
Government,  and  afterwards  violated  it.  All  joersons  who  have  been  disfran- 
chised in  other  States,  for  participation  in  rebellion,  and  have  or  may  hereafter, 
remove  to  this  State ;  Provided^  That  the  General  Assembly  shall  have  power, 
by  a  two-thirds  vote  of  each  house,  to  remove  the  disabilities  incurred  under  this 
clause,  upon  the  recommendation  of  two-thirds  of  the  registered  voters  of  the 
township  where  the  applicant  resides. 

4th — All  those  who  are  idiots  or  insane. 

Section  Three.  No  soldier,  seaman,  or  marine,  in  the  army  or  navy  of  the 
United  States^  shall  be  deemed  a  resident  of  this  State  in  consequence  of  being 
stationed  within  the  same. 

Section  Four.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have 
lost  a  residence  by  reason  of  his  absence  while  employed  in  the  service  of  the 
United  States,  nor  while  engaged  upon  the  waters  of  this  State,  or  of  the  United 
States,  nor  while  a  student  of  any  seminary  of  learning. 

Section  Five.    In  all  elections  by  the  people,  the  electors  shall  vote  by  ballot 

Section  Six.  All  persons  before  registering^  must  take  and  subscribe  the 
following  oath : 

"  I,  ,  do  solemnly  swear  (or  affirm)  that  I  will  support  and  maintain  tlie 

Constitution  and  laws  of  the  United  States,  and  the  Constitution  and  laws  of 
the  State  of  Arkansas;  that  I  am  not  excluded  from  registering  by  any  of  the 
clauses  in  Section  II,  Article  —  of  the  Constitution  of  the  State  of  Arkansas ;  that 
I  will  never  countenance  or  aid  in  the  secession  of  this  State  from  the  United 
States;  that  I  accept  the  civil-  and  political  equality  of  all  men  before  the  law; 
agree  not  to  attempt  to  deprive  any  person  or  persons,  on  account  of  race,  color, 
or  previous  condition,  of  any  political  or  civil  right,  privilege  or  immunity  en- 
joyed by  any  other  class  of  men.'"' 

Provided,  That  if  any  person  shall  knowingly  and  falsely  take  any  oath  in 
this  Constitution,  such  person  so  offending,  and  being  duly  convicted,  shall  be 
subject  to  the  pains,  penalties  and  disabilities  which  by  law  are  provided  for 
the  crime  of  wilful  and  corrupt  perjury. 

Section  Seven.  Electors  shall  in  all  cases,  except  treason,  felony  or  breach 
of  the  peace,  be  privileged  from  arrest  and  civil  process,  during  their  attendance 
at  elections,  and  in  going  to  and  returning  from  the  same. 

Section  Eight.  Every  person  who  by  the  provisions  of  this  Article  shall  be 
entitled  to  vote  at  any  election,  shall  be  eligible  to  any  office  which  now  is  or 


33 


(  513  ) 


1868.] 


DEBATES  AKD  PBOCEEDIKGS  OF  THE  [Thursday, 


Minority  Report  of  Committee  on  Elective  Tranchise. 


hereafter  shall  be  elective  by  the  people,  except  as  otherwise  provided  in  this 
Constitution  and  laws  of  the  United  States. 

Section  ISTine.  No  person  who  ever  voluntarily  aided  and  abetted  the  rebel- 
lion against  the  United  States,  shall  ever  be  eligible  to  fill  the  office  of  either 
Governor  or  Lieutenant  Governor,  nor  become  a  Member  of  Congress. 

No  person  who  has  openly  advocated  or  voted  for  the  reconstruction  pro- 
posed by  Congress,  and  accepts  the  equality  of  all  men  before  the  law,  shall  be 
deemed  disqualified  as  an  elector.] 

Provided^  That  nothing  herein  contained  shall  be  so  construed,  as  to  prevent 
any  person  who  has  been  honorably  discharged  from  the  United  States  service, 
never  thereafter  participating  in  the  rebellion  against  the  United  States,  from 
voting  or  holding  office. 

James  Hinds,  Chairman  of  Committee, 
.  W.  H.  Gray, 
Solomon  Exon, 
J.  H.  Hutchinson, 
George  W.  Dale, 
Walter  W.  Brashear. 

Mr.  CYPEHT,  on  behalf  of  the  minority  of  the  Committee,  submitted 
the  following 

MINORITY  EEPOET  OF  COMMITTEE  ON  ELECTIVE  EEANCHISE. 

To  the  President  and  Members  of  the  Constitutional  Convention  of  the  State  of 
Arkansas  : 

The  undersigned,  a  member  of  the  Committee  on  Elective  Franchise,  begs 
leave  to  dissent  from  the  conclusions  arrived  at  by  a  majority  of  said  Com- 
mittee, and  submits  the  following  minority  report : 

First,  The  Article  reported  by  the  said  majority  of  your  Committee  proposes 
to  disfranchise  a  large  class  of  citizens  of  the  United  States,  and  of  the  State  of 
Arkansas,  who  have  heretofore  been  invested  with  the  sacred  right  of  suffrage. 

The  article  reported  by  the  said  majority  of  the  Committee  effects  such  dis- 
franchisement in  a  manner  unknown  to  all  the  established  principles  of  our 
Government,  in  this,  that  it  presumes  that  said  class,  proposed  to  be  deprived 
of  the  elective  franchise,  has  been  guilty  of  disloyal tj^  or  treason  against  the 
Constitution  and  Government  of  the  United  States.  It  is  a  well-established 
principle  of  our  laws  and  government  that  all  are  presumed  innocent  till  the 
guilt  is  shown  before  some  judicial  tribunal  having  cognizance  of  the  crime. 
In  spite  of  this  acknowledged  right  of  the  meanest  crimidial,  a  majority  of  your 
Committee  pronounce  a  large  number  of  their  fellow-citizens  guilty  of  crime 
without  a  trial  or  conviction,  and  essay  to  strip  them  of  vested  and  indisputable 
franchises.  To  so  monstrous  a  proposition  the  undersigned  can  never  assent. 
Second,  The  majority  of  said  Committee  again  propose  to  require  of  every 


*  Note. — This  clause  was  accidentally  omitted  from  the  Eeport  of  the  Committee,  as  pre- 
sented, and  was,  by  vote  of  the  Convention  (February  6th,  p,  633),  ordered  printed  with  the 
Eeport. 
(  514  ) 

0 


Feb.  6th.]  AEKANSAS  CON^STITUTIOI^AL  CO^^YENTION.  [24th  Day. 


Minority  Keport  of  Committee  on  Elective  Franchise. 


person  before  he  can  exercise  the  privilege  of  voting,  to  take  an  oath  purging 
himself  from  certain  crimes  and  misdemeanors,  and  to  accept  for  the  future 
the  civil  and  political  equality  of  all  the  races  of  men.  The  undersigned  sin- 
cerely believes  said  oath  to  be  not  only  wicked,  but  futile.  Posterity  has  never 
been  bound  by  the  oaths  of  their  ancestors,  and  a  change  of  circumstances 
alwa^'s  affords,  not  only  pretext,  but  justifiable  excuse  for  violating  obligations, 
reluctantly  and  unwillingly  taken  to  avert  a  threatened  present  evil. 

Third,  The  majority  of  your  said  Committee,  b}^  their  said  report,  further 
propose  to  enfranchise  a  class  of  persons  hitherto  denied  this  inestimable  privi- 
lege; — persons  declared,  by  the  highest  tribunals  of  our  country,  not  to  be 
citizens  of  the  United  States ; — the  inevitable  result  of  which  would  be,  the  over- 
throw of  the  white  man's  government  of  our  fathers,  and  an  erection  of  an 
Africanized  government  in  its  stead. 

The  negro  is  not  the  equal  of  the  white  man.  In  mind  and  body  the  differ- 
ences are  striking,  numerous,  and  insurmountable.  Four  thousand  years  ago, 
he  was  exactly  what  he  is  to-day.  All  history  demonstrates  his  utter  inca- 
pacity for  self-government,  and  his  utter  want  of  appreciation  of  free  institu- 
tions. But,  beyond  all  this,  our  own  experience,  and  the  teachings  of  history, 
inexorably  point  to  this  dreadful  result.  The  investing  of  an  inferior  race  with 
social  and  political  equality,  is  the  stepping  stone  to  miscegenation,  and  the 
consequent  utter  deterioration  and  degeneracy  of  the  dominant  race.  It  can- 
not be  denied  that  political  equality  (politically  that  equality  resulting  from 
the  indiscriminate  exercise  of  the  elective  franchise)  will  result  in  social  equality, 
unless  in  the  throes  and  conflicts  which  will  inevitably  precede  the  new  order 
of  things,  one  or  the  other  of  the  races  does  not. perish  from  the  earth.  So 
marked  and  odious  a  change  can  be  only  effected  after  the  natural  and  God- 
given  prejudices  of  our  race  have  ceased  to  exist. 

Peace  and  prosperity  can  never  result  from  measures  so  utterly  at  war  with 
the  instincts  and  fears  of  the  white  people  of  this  State. 

Whilst  the  investing  the  negro  with  the  elective  franchise  is  attended  with 
so  many  dangers  and  objections,  the  undersigned  cannot  believe  that  it  will  be 
the  means  of  shielding  the  colored  man  from  oppression  or  wrong,  but  will 
only  aggravate  and  increase  the  prejudices  of  race,  and  precipitate  a  civil  and 
social  war. 

The  undersigned  will  not  slander  the  people  of  Arkansas  so  grossly,  as  to 
assert  or  believe,  that  impartial  justice  will  not  be  accorded  to  the  negro  race, 
or  that  they  will  not  enjoy  all  the  requisite  protection  for  person,  property,  and 
reputation,  unless  invested  with  the  elective  franchise ;  the  contrary  he  believes 
and  asserts  to  be  the  truth. 

The  undersigned  is  not  influenced  by  ill  will  or  hatred  to  the  negro  popula- 
tion, but  sincerely  desires  their  social,  intellectual,  and  religious  improvement. 
If,  in  the  course  of  years,  they  should  demonstrate  their  fitness  for  the  exercise 
of  a  right  (which  in  many  highly  civilized  and  well-governed  countries  is  de- 
nied to  large  classes  of  citizens)  it  will  then  be  time  enough  to  discuss  the  pro- 
priety of  putting  the  ballot  in  his  hands.  They  are  now  only  fitted  to  be  the 
facile  tool  of  wicked  and  designing  superiors,  and  if  permitted  to  embark  on 

(  515  ) 


1868.] 


DEBATES  AISTD  PEOCEEDIlSrGS  OF  THE  [Thursday, 


Minority  Eeport  of  Committee  on  Elective  Franchise.— CYPEKT—BKOOKS. 


the  stormy  sea  of  politics,  it  will  greatly  retard  their  progress  in  civilization, 
in  moral  and  intellectual  improvement.  It  is,  therefore,  manifestly  to  the  in- 
terest of  the  people  of  this  State,  white  and  black,  to  make  no  changes  in  its 
fundamental  law,  touching  the  elective  franchise. 

He  therefore  recommends  the  adoption  of  the  following  as  the  article  upon 
said  franchise : 

AETICLE. 

Section  One.  All  white  male  citizens  of  the  United  States  over  the  age  of 
twenty-one  years,  having  resided  in  this  State  one  year  next  preceding  any 
election,  and  three  months  in  the  county  or  district  where  he  may  offer  to  vote, 
shall  be  deemed  a  qualified  elector.  Provided^  That  no  soldier  or  marine  in  the 
service  of  the  United  States  shall  be  deemed  to  have  acquired  a  residence  in 
the  State  by  reason  of  being  stationed  on  duty  herein. 

Section  Two.  All  elections  in  this  State  shall  be  by  ballot,  and  all  persons 
possessing  the  qualifications  of  an  elector  shall  be  entitled  to  vote  for  all  officers 
now  elective  by  the  Constitution  of  the  United  States,  and  by  the  Constitution 
of  this  State ;  Provided^  That  no  person  who  has  been  or  may  hereafter  be  con- 
victed of  felony  or  other  infamous  crimes,  shall  ever  exercise  the  right  to  vote 
in  this  State.  Eespectfully  submitted, 

J.  JST.  Cypert,  of  White. 

Mr.  CYPEHT  moved  that  the  Report  of  the  Minority  be  adopted;  and 
upon  that  motion  called  for  the  previous  question,  subject  to  withdrawal 
for  the  purposes  of  debate,  but  for  no  other  purpose. 

The  PliESIDE^^T.  The  question  is, — Shall  the  main  question  be  now 
put? 

Mr.  CYPEET.  I  propose  to  withdraw  the  demand,  only  for  the  purpose 
of  debate. 

Mr.  BROOKS.  It  is  the  usual  call  for  the  previous  question;  it  is, 
"  shall,"  or  it  is,  "  shall  not." 

The  PEESIDE^TT.  The  Chair  has  already  decided  that  question. 

Mr.  BROOKS  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
56,  E'ays  6,  as  follows : 

Yeas  :  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Corbell,  Cypert,  Dale,  Duvall, 
Evans,  Exon,  Gray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins, 
Hinds,  Hinkle,  HoUis,  Hodges  of  Pulaski,  Hoge,  Houghton,  Johnson,  Langley, 
Mallory,  Mason,  Matthews,  Merrick,  Misner,  Millsaps,  Murphy,  McClure,  Nor- 
man, Oliver,  Poole,  Portis,  Priddy,  Puntney,  Eawlings,  Rector,  Reynolds, 
Rounsaville,  Sams,  Samuels,  Sarber,  Shoppach,  Sims,  Smith,  Snyder,  Yan 
(  516  ) 


Feb.  6th.]    AEKAESAS  CONSTITUTIONAL  CONYENTIOlSr.  [24th  Day. 


Elective  Franchise.— COEBELL—MONTGOMEEY—MOOKE. 


Hook,  Walker,  Wilson,  White,  Williams,  Wright,  Wyatt,  and  the  President 
—56. 

Nays  :  Messrs.  Gantt,  Hicks,  Kyle,  Montgomery,  McCown,  and  Moore — 6. 
So  the  main  question  was  ordered. 

The  question  being  upon  the  adoption  of  the  Keport  of  the  minority  of 
the  Committee, 

Mr.  BROOKS  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  negative, — Yeas  13, 
Nays  50,  as  follows  : 

Yeas  :  Messrs.  Bradley,  Corbell,  Cypert,  Duvall,  Gantt,  Hicks,  Hoge,  Moore, 
Norman,  Eeynolds,  Shoppach,  Walker,  and  Wright — 13. 

Nays  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Dale,  Evans,  Exon, 
Gray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds, 
Hinkle,  Hollis,  Hodges  of  Pulaski,  Houghton,  Johnson,  Kyle,  Langley,  Mal- 
lory.  Mason,  Mattliews,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy, 
McClure,  Oliver,  Poole,  Portis,  Priddj?-,  Puntney,  Rawlings,  Eector,  Rounsaville, 
Sams,  Samuels,  Sarber,  Scott,  Smith,  Snyder,  Yan  Hook,  Wilson,  White, 
WiUiams,  Wyatt,  and  the  President — 50. 

So  the  Convention  refused  to  adopt  the  Report  of  tbe  minority  of  the 
Committee. 

Pending  the  call  of  the  roll : 

Mr.  CORBELL  (when  bis  name  was  called)  said :  I  shall  vote  in  the 
affirmative,  and  will  give  my  reasons,  for  so  doing,  in  writing. 

Mr.  CORBELL  sent  to  the  Secretary's  desk,  the  following  explanation, 
which  he  asked  to  have  spread  upon  the  Journal. 

I  vote  in  favor  of  the  Minorit}^  Report  for  the  reason  that  I  am  unwilling  to 
confer  the  right  of  suffrage  on  the  colored  population,  coupled  with,  as  I  helieve, 
the  privilege  and  probability  of  its  leading  to  amalgamation,  which  would  be, 
in  my  opinion,  ruinous  to  the  colored  race,  for  various  reasons. 

The  vote  was  then  announced  as  above. 

Mr.  MONTGOMERY  moved  that  tbe  Report  of  the  Committee  be  re- 
ferred to  the  Committee  on  tbe  Constitution,  its  Arrangement  and  Phrase- 
ology, and  that  one  hundred  copies  be  printed  for  the  use  of  tbe  members 
of  the  Convention. 

Mr.  MOORE  moved  as  an  amendment,  that  the  Minority  Report  be 
added,  and  that  two  hundred  copies,  instead  of  one  hundred,  be  printed. 

The  PRESIDENT.  The  motion  is  out  of  order,  so  far  as  regards  the 
Minority  Report.  ^ 

(  517  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursday, 


Sale  of  Arkansas  Hot  Springs.— HINDS— GANTT—McCLURE, 


Mr.  MOOEE.  Then  I  move  that  four  hundred  copies  be  printed. 
Mr.  MATTHEWS.  I  move,  as  a  substitute,  that  the  Majority  Eeport  be 
made  the  special  order  of  the  day  for  Friday,  February  7th. 

The  question  was  taken;  and  the  substitute  was  not  agreed  to. 

The  question  was  then  taken  on  tlie  motion  that  the  Eeport  be  referred 
to  the  Committee  on  the  Constitution,  etc.,  and  that  one  hundred  copies  be 
printed  for  the  use  of  the  members  of  the  Convention;  and  the  motion 
was  agreed  to. 

SALE  OF  THE  ARKANSAS  HOT  SPRINGS — AGAIN. 

Mr.  HINDS,  on  behalf  of  the  Committee  to  whom  was  referred  the 
resolution  concerning  the  public  sale  of  the  Arkansas  Hot  Springs,  with 
instructions  to  consider  and  report  upon  the  propriety  of  memorializing 
Congress  upon  the  subject,  reported  the  following 

MEMORIAL  TO  CONGRESS  FOR  THE  PUBLIC  SALE  OF  THE  HOT  SPRING 
RESERVATION  IN  THE  STATE  OF  ARKANSAS. 

To  the  Honorable^  the  Senate  and  House  of  Hepresentatives,  of  the  United  States, 
in  Congi^ess  assembled: 

Your  memorialists,  the  Constitutional  Convention  of  the  State  of  Arkansas, 
respectfully  represent,  that  the  public  reservation  known  as  the  Hot  Spring 
reservation,  comprising  all  that  portion  of  the  public  domain  situated  in  Sec. 
28,  29,  32,  38,  in  Township  2,  south;  and  4  and  5,  in  Township  8,  south  of 
Eange  19,  west,  in  the  State  of  Arkansas,  is  now  held  and  occupied  without 
color  of  title,  by  various  persons,  whose  claims  have  never  been  acknowledged 
by  the  United  States  Government.  That  the  public  interest  and  humanity 
require  that  said  Springs  be  made  available  for  public  use,  and  the  welfare  and 
settlement  of  the  State  is  in  a  great  measure  dependent  upon  it.  We  would, 
therefore,  ask  that  the  same  be  sold  under  the  direction  of  the  Secretary  of 
the  Interior,  to  the  highest  bidder  or  bidders,  for  cash,  after  having  been  laid 
out  into  streets,  blocks,  and  lots  or  ^^arcels  of  ground  of  such  form  and  area  as 
will  best  facilitate  the  construction  of  a  town. 

That  the  proceeds  arising  from  the  sale  of  the  same,  be  invested  in  United 
States  securities,  and  held  in  trust  until  otherwise  provided  by  law,  and  that 
the  accruing  interest  upon  said  securities,  be  applied  to  the  Common  School 
Fund  for  the  education  of  all  the  children  of  the  State.  And  your  memorial- 
ists will  ever  pray. 

James  Hinds, 

Chairman. 

Mr.  GAE"TT  moved  that  the  consideration  of  the  Report  be  made  the 
special  order  of  the  day  for  Monday,  February  10th. 

Mr.  McCLURE.  I  hope  the  motion  will  not  prevail.    The  time  of  the 
(  518  ) 


Feb.  6th.]   AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [24ih  Day. 


Sale  of  Arkansas  Hot  Springs.— HIXDS—GAXTT. 


Convention  is  needed  for  other  purposes;  and  this  is  a  question  which 
mav  as  weU  he  disposed  of  now  as  at  any  other  time.  I  stippose  the  Me- 
morial will  have  no  more  effect  upon  Congress  than  would  the  Memorial 
of  any  other  hody  of  individuals  in  the  State. 

Mr.  HIXDS  said,  in  substance:  The  parties  now  occupying  the  property 
in  question  are  occupying  it  without  any  legal  title.  The  Government,  at 
the  time  of  the  survey,  had  the  property  set  apart  as  a  reservation,  to  be 
retained  in  its  own  possession.  Since  that  time,  the  Government  has 
never  parted  with  the  title  to  the  land  :  and  it  remains  a  reservation. 
AVhat  is  now  asked  is,  tliat  the  sale  take  place  under  the  direction  of  the 
Secretary  of  the  Interior,  and  that  the  property  be  sold,  for  cash,  to  the 
hiiidiest  bidder,  and  that  the  monevs  arisino;  from  the  sale  be  invested  in 
United  States  securities,  which  securities  shall  be  set  apart  for  the  pur- 
poses of  education  in  this  State.  If  any  parties  have  any  right  to  the 
lands  in  question,  it  will  certainly  be  made  to  appear.  If  the  Govern- 
ment has  never  parted  with  its  title  to  the  land,  then  the  parties  now 
holding  the  property  are  trespassers  on  the  ptiblic  domain.  If  they  have 
any  rightful  claim  to  the  lands,  let  them  make  it  good:  if  they  have  not, 
they  certairdy  cannot  object  to  the  Government  disposing  of  it  in  the  man- 
ner proposed,  with  the  view  of  increasing  the  educational  facilities  of  the 
State. 

Xow,  although  we  do  not  desire  any  haste  in  the  consideration  of  this 
matter,  we  are  still  anxious  to  have  it  disposed  of.  The  Committee  have 
had  the  question  under  careful  advisement.  They  have  investigated  the 
condition  of  the  alleged  title  to  that  reservation.  They  ask,  merely,  that 
no  course  shall  be  pursued  that  shall  be  disadvantageous  to  the  interests 
of  the  State,  or  of  the  Government.  There  is  no  question  as  to  the  medi- 
cinal qualities  of  the  Springs,  and  their  consequent  value.  T\^hen  the 
matter  is  properly  understood,  it  will  be  found  extremely  advantageous 
to  have  such  action  taken,  in  the  premises,  as  will,  without  injtiring  the 
just  rights  of  any  person,  redound  to  the  permanent  interest  of  the  State. 
The  ^lemorial  will  certainly  serve  the  purpose  of  inviting  the  attention  of 
the  General  Government  to  the  question  whether  it  has  ever  parted  with 
its  title:  and,  if  it  has  not,  it  may  induce  such  action  as  will,  without 
entrenching  upon  the  genuine  rights  of  any  individual,  essentially  sub- 
serve the  cause  of  education  in  this  State. 

Mr.  GAXTT.  I  conceive  that  this  question  should  receive  a  careful 
consideration.  It  is  certainly  a  grave  one.  The  proposition  is,  that  the 
Convention  shall  administer  upon  the  estate  of  Messrs.  Hale,  Gaines,  and 
Eector.  The  property  which  it  is  proposed  to  sell,  has,  in  fact,  been  paid 
for,  three  times  over.  Yet  the  proposition  now  is,  to  deliberately  dispos- 
sess the  owners  who  have  paid  their  money  for  the  property,  and  to  con- 
tribute the  proceeds  to  the  School  Fund.    The  property  is  certainly  a 

(  519  ) 


1868.] 


DEBATES  A]^D  PEOCEEDINGS  OF  THE  [Thursday, 


Sale  of  Arkansas  Hot  Springs.— GANTT. 


valuable  one.  The  Convention  has  precisely  the  same  right  thus  to  dis- 
pose of  this  property,  that  any  private  citizen  has  to  walk  up  to  me  and 
help  himself  to  my  hat  or  my  pocket-book. 

The  precedent  which  we  are  about  to  set  is  surely  one  to  require  some 
consideration,  before  committing  ourselves  to  such  action.  If  it  is  justi- 
fiable for  this  body  thus  to  interfere  with  private  property,  the  purchase- 
money  of  which  is  in  the  coffers  of  the  Government,  then  it  is  right  and 
proper  that  you  should  administer  upon  the  estates  of  all  of  us.  Why, 
sir,  let  us  consider  what  we  are  about  to  do!  The  proposition  is  to  take 
away,  from  citizens  of  the  State,  property  for  which  they  have  paid  three 
times  over;  the  only  question  being,  as  between  Messrs.  Hale,  Gaines,  and 
Rector,  who  paid  for  it  first.  The  question,  I  say,  is  not  as  to  who  paid 
for  the  property,  but  simply  who  has  the  first  title.  Is  it  justice,  is  it  com- 
mon honesty,  that  we  should  memorialize  Congress  to  seize  upon  this  in- 
dividual property,  sell  it,  and  appropriate  the  proceeds  to  the  School 
Fund,  or  to  any  other  purpose?  Sir,  I  protest  against  committing  our- 
selves to  rush  a  measure  of  this  sort  through  this  body !  'No  man  who 
has  a  spark  of  common  honesty  in  his  bosom  will  lay  his  hand  upon  his 
heart,  and  declare  his  belief  that  we  have  any  moral  or  legal  right  thus  to 
encroach  upon  the  individual  rights  of  property.  Are  we  to  rush  such  a 
measure  through,  without  any  investigation  ?  The  property  is  certainly 
valuable.  But  that  is  not  the  consideration  that  is  to  influence  our  action. 
Because  a  citizen  possesses  valuable  property,  are  we  therefore  to  seize 
upon  it?  ,  I  do  not  hesitate  to  say,  sir,  that  the  course  proposed  is  unfair 
— it  is  more  than  unfair,  it  is  dishoi^est;  and  it  is  certainly  to  be  hoped, 
by  all  honest  Americans,  that  the  United  States  Government  will  refuse 
to  lend  itself  to  any  such  scheme.  What  assurance,  what  security,  has 
any  of  us  for  his  property; — what  security  will  the  purchaser  of  this  very 
property,  under  the  scheme  proposed  in  the  memorial,  have,  for  his  title, 
when  land  paid  for,  to  the  United  States,  three  times  over,  can  thus  be 
confiscated? 

I  did  not  propose,  when  this  matter  was  referred,  to  say  one  word  in 
reference  to  it.  But  surely  we  will  not  hurry  through  a  proposition  of 
this  kind,  without  investigation.  There  must  be  some  point,  sir,  in  all 
this  hurry.  Gentlemen  who  desire  to  deal  fairly  with  the  question,  surely 
cannot  refuse  to  give  the  opportunity  ample  investigation  and  discussion. 
I  say  that  no  honest  man  can  be  desirous  of  any  other  course. 

Mr.  BRADLEY  [m  his  seat.']  Ditto! 

Mr.  GANTT  [io  Mr.  Bradley.-]  Sir? 

Mr.  BRADLEY  {in  his  seat.]    I  say  the  same. 

Mr.  GAi^TT.  Yes,  sir;  it  is  true;  and  the  proposition  will  be  supported 
by  every  honest  man.    If  my  neighbor  hold  property  which  he  has  fairly 
bought  and  paid  for,  it  is  neither  right  or  proper,  it  is  unjustified  in  law 
(  520  ) 


Feb.  6th.]    AEKAXSAS  COXSTITUTIOXAL  CO]SrYEXTIOX.  [24th  Day. 


Sale  of  Arkansas  Hot  Springs.— GAXTT—McCLUEE— MOORE— BEADLE Y. 


or  in  fact,  for  me,  because  I  happen  to  stand  behind  bayonets,  to  seize  his 
estate,  sell  it,  and  appropriate  the  proceeds  to  any  purpose  Trhatever,  I 
care  not  how  higli  the  object  may  be.  I  admit,  freely  and  frankly,  that 
no  higher  benefit  can  be  bestowed  upon  the  people  of  Arkansas,  than  a 
school  system.  I  have  no  desire  to  depreciate  the  advantages  of  such  a 
system.  But  I  do  say  it  is  wrong  for  us  to  attempt  to  build  up  that  sys- 
tem by  any  course  pursued  in  defiance  of  common  honesty. 

I  ask  that  this  subject  be  made  a  special  order  for  a  particular  day,  in 
order  that  the  members  of  the  Convention  may  be  enabled  to  vote  intelli- 
gently upon  it.  There  can  be  no  objection  to  our  voting  upon  the  facts 
as  they  are.  And  when  those  facts  can  be  laid  before  this  body,  I  pledge 
myself  that  it  shall  be  conclusively  shown  that  the  United  States  Govern- 
ment has  received  pay  for  this  land,  three  times  over. 

Mr.  McCLUEE.  A  word  as  to  the  question  of  title.  I  do  not  suppose 
that  any  gentleman  will  argue  that  this  Convention  has  any  jurisdiction 
over  that  subject.  All  the  Courts  of  Arkansas,  for  three  years  past,  have 
decided  nothing  that  binds  the  Government  of  the  United  States.  The 
decision  of  this  Convention  would  establish  no  sinHe  fact.  I  res-ret  to 
hear  the  statement,  upon  this  floor,  that  the  United  States  Government 
has  received  pay  three  times  over,  for  this  property.  I  am  here  to  say 
that  I  do  not  believe  that  to  be  true.  The  evidence  does  not  in  my 
opinion,  sustain  the  statement.  AVho  paid  for  this  land  I  neither  know  nor 
care.  I  presume  there  is  sufiicieut  honesty  and  integrity  in  the  Congress 
of  the  United  States  to  ascertain  to  whom  this  property  properly  belongs, 
and  to  award  it  accordingly.  If  it  belongs  to  the  people  of  the  United 
States,  it  is  subject  to  the  action  of  Congress.  If  it  does  not  belong 
to  the  United  States,  there  is  an  end  to  the  matter.  A  bill  was  introduced 
into  Congress  by  Mr.  Schenck,  looking  to  the  similar  disposition  of  this 
property,  to  that  which  is  now  proposed.  This  was  to  some  extent  a 
recognition  of  the  fact  that  it  belonged  to  the  United  States,  and  to  nobody 
else.  The  only  proposition  before  us  is,  to  memorialize  Congress.  Our 
action  afi'ects  the  rights  and  interests  of  the  parties,  neither  one  way  nor 
the  other.  This  is  not  the  tribunal  for  the  adjudication  of  claims.  For 
my  own  part,  I  have  no  interest  in  the  matter  one  way  or  another.  The 
onh'  point  that  I  insist  upon  is,  an  objection  that  next  Monday  or  any 
other  day,  shall  be  spent  in  the  discussion  of  this  subject.  Therefore,  for 
the  purpose  of  disposing  of  this  question,  and  preventing  any  further  waste 
of  time  in  this  discussion,  I  move  the  previous  question. 

Mr.  MOOEE.  I  am  not  ready  to  act  without  some  further  investigation 
upon  the  subject. 

Mr.  BEADLEY.  This  seems  to  me  a  very  unfair  way  of  disposing  of 
questions.    I  do  not  want  to  rush  the  thing,  one  way  or  another. 


(  521  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Sale  of  Arkansas  Hot  Springs.— CYPERT—HOUG-HTON. 


The  question  was  taken ;  and,  a  division  being  called  for,  the  motion 
was  agreed  to, — Ayes  34,  Noes  19, — and  the  main  question  was  ordered. 

The  question  was  then  taken  on  the  motion  to  make  the  consideration  of 
the  Keport  the  special  order  of  the  day,  for  Monday,  February  10th,  at  10, 
A.M. ;  and  it  was  decided  in  the  negative, — Yeas  22,  Nays  35,  as  follows : 

Yeas:  Messrs.  Bradley,  Cypert,  Duvall,  Gantt,  Grey  of  PbiUips,  Hicks,  Hollis, 
Hoge,  Kyle,  Mason,  Matthews,  Moore,  JS'orman,  Portis,  Puntney,  Eawlings, 
Eeynolds,  Shoppach,  Yan  Hook,  Walker,  Wilson,  and  Wright — 22. 

i^AYS :  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Corbell,  Dale,  Evans, 
Exon,  Gray  of  Jefferson,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hough- 
ton, Johnson,  Langley,  Misner,  Millsaps,  Montgomery,  Murphy,  McClure, 
Oliver,  Poole,  Priddy,  Rector,  Samuels,  Sarber,  Smith,  Snyder,  White,  Wil- 
liams, Wyatt,  and  the  President — 35. 

So  the  Convention  refused  to  make  the  consideration  of  the  Eeport  the 
special  order  of  the  day  for  Monda^^,  February  10th,  at  10,  a.m. 

Pending  the  call  of  the  roll  : 

Mr.  SAMS  (when  his  name  was  called)  asked  to  be  excused  from  voting. 
No  objection  being  offered, 
Mr.  SAMS  was  excused. 

The  vote  was  then  announced  as  above. 

The  question  was  then  taken  on  the  motion  for  the  adoption  of  the 
Report  and  Memorial ;  and  it  was  decided  in  the  afiirmative, — Y'eas  29, 
l^ays  28,  as  follows  :  , 

Yeas  :  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Exon,  Gray  of 
Jefferson,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Johnson,  Langley, 
Mallory,  Millsaps,  Montgomery,  Murph}^,  McClure,  Oliver,  Poole,  Priddy, 
Eector,  Samuels,  Scott,  Smith,  Snyder,  and  the  President — 29. 

Nays  :  Messrs.  Bradley,  Corbell,  Cypert,  Duvall,  Evans,  Gantt,  Grey  of  Phil- 
lips, Hicks,  Hollis,  Hoge,  Kyle,  Misner,  Matthews,  Merrick,  Mason,  Moore, 
Norman,  Portis,  Puntney,  Eawhngs,  Eeynolds,  Shoppach,  Yan  Hook,  Walker, 
Wilson,  White,  Wright,  and  Wyatt— 28. 

So  the  Eeport  and  Memorial  w^ere  adopted. 

Pending  the  call  of  the  roll  : 

Mr.  CYPEET  (when  his  name  was  called)  said:  I  am  satisfied  that 
there  are  some  extraordinary  facts  connected  with  this  matter ;  and  I  do 
not  know  the  truth  of  any  of  the  facts  stated  in  the  Memorial.  I  must, 
consequently,  vote  No,  unless  I  could  endorse  the  statements  as  true. 

Mr.  HOUGHTON  (when  his  name  was  called)  wished  to  be  excused 
from  voting. 
C  522  ) 


Feb.  6th.]    AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [24tli  Day. 


Sale  of  Arkansas  Hot  Springs — Penitentiary. — TVHITE. 


Xo  objection  being  made, 

Mr.  HOrGHTOX  was  excused. 

Mr.  KYLE  (wlien  liis  name  was  called")  said  :  I  have  no  knowledge  of 
the  facts  contained  in  the  Memorial:  and  I  therefore  vote  Xo. 

Mr.  MOOEE  (when  liis  name  was  called)  said:  I  know  nothing  about 
tbe  facts  set  forth  in  that  Memorial,  and  have  not  had  time  to  examine 
the  question.  I  believe  it  to  be  an  interference  with  private  rights.  I 
vote  Xo  ;  and  desire  that  my  explanation  be  spread  upon  the  record. 

Mr.  MOOEE  sent  to  the  Secretary's  desk,  the  following  written  expla- 
nation of  his  vote  : 

I  vote  Xay.  because  I  believe  it  wrong  for  this  Convention  to  interfere  with 
private  rights. 

Mr.  SAMS  (when  his  name  was  called)  asked  to  be  excused  from  voting. 
Xo  objection  being  offered, 
Mr.  SAMS  was  excused. 

Mr.  HOLLIS  (when  bis  name  was  called)  asked  to  be  excused  from 
voting. 

Xo  objection  being  offered, 
Mr.  HOLLIS  was  excused. 

The  vote  was  then  announced  as  above. 

PEXITEXTIAEY — AGAIX. 

Mr.  TVIIITE,  on  behalf  of  a  minority  of  the  select  Committee  on  the 
Penitentiary,  presented  a  Minority  Eeport  (which  appears,  at  the  point  of 
the  proceedings  where  it  was  read  to  the  Convention,  in  the  report  of  the 
following  clay.)* 


*  Note.  A  discussion  arose  in  the  Convention,  on  the  succeeding  dar,  respecting  the  correct- 
ness of  the  Journal,  in  omitting  mention  of  the  presentation,  at  this  stage  of  the  proceedings, 
of  a  report  from  the  minority  of  the  select  Committee  on  the  Penitentiarr.  It  has  occurred 
to  the  Eeporter  that  an  informal  note,  setting  forth  the  facts  as  observed  by  himself,  may  he 
of  service  in  explaining  the  contradictory  recollections  expressed. 

After  the  announcement  of  the  result  of  the  vote  upon  the  adoption  of  the  Memorial  on 
the  Hot  Springs,  Mr.  White  rose,  with  a  paper  in  his  hand.  He  vras  not  recognized  by  the 
Chair,  however,  did  not  obtain  the  floor,  and  made  no  remark ;  but  sent  the  paper,  by  the  hands 
of  a  page,  to  the  Secretaet's  desk.  Mr.  Brooks  obtained  the  floor,  and  offered  the  motion 
for  adjournment.  Mr.  Gaxtt,  in  his  seat,  and  in  a  low  voice,  called  for  the  reading  of  the 
Report.  Messrs.  Pi:^*txet  and  Cypert,  while  the  vote  was  being  taken  upon  the  motion  for 
adjournment,  made  the  remarks  which  appear  in  the  text. 

The  Journal  of  the  day,  as  amended,  contains  the  Eeport ;  but  its  appearance  has  here  been 
deferred  to  the  point  in  the  proceedings  when  it  was  actually  read. — Eeporter. 


(  523  ) 


1868.] 


DEBATES  AISTD  PEOCBEDII^GS  OF  THE 


[Thursday, 


Adjournment.— BKOOKS—CTPEKT—PUNTNEY—BKADLET—CYPEET. 


ADJOURNMENT. 

Mr.  BROOKS  moved  that  the  Convention  adjourn  to  10,  a.m.,  of  the 
morrow. 

Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  it  was  decided  in  the  affirmative, — Yeas 
33,  Nays  27,  as  follows : 

Yeas:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Exon,  Gray  of 
Jefferson,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinkle,  Houghton, 
Johnson,  Langley,  Mallory,  Mason,  Millsaps,  Montgomery,  Murphy,  McClure, 
Poole,  Priddy,  Ratclilf,  Sams,  Samuels,  Sarber,  Scott,  Snyder,  Williams,  Wyatt, 
and  the  President — 33. 

^^"ays  :  Messrs.  Bradley,  Corhell,  Cypert,  Duvall,  Evans,  Exon,  Gantt,  Hicks, 
Hinds,  Hoge,  Kyle,  Matthews,  Misner,  Moore,  Norman,  Portis,  Puntney, 
Rawlings,  Eector,  Reynolds,  Shoppach,  Smith, -Yan  Hook,  Walker,  Wilson, 
White,  and  Wyatt— 27. 

So  the  motion  to  adjourn  to  10,  a.m.,  of  the  morrow,  was  agreed  to. 

Pending  the  call  of  the  roll : 

Mr.  PUNTISrEY  said :  I  want  to  give  the  gentlemen  a  chance  to  bring 
in  their  Minority  Report. 

Before  the  result  was  announced  : 

Mr.  BRADLEY  said  :  I  have  not  heard  all  the  names  called.  I  have 
not  heard  the  name  of  Mr.  Mason. 

The  SECRETARY  called  the  name  of  Mr.  Mason  ;  and 
Mr.  MASON  voted  Aye. 

Messrs.  MILLSAPS,  and  GREY,  of  Phillips,  who  had  voted  in  the 
negative,  changed  their  votes,  and  recorded  them  in  the  affimative. 

Mr.  CYPERT.  Did  I  understand  that  a  minority  report  was  sent  to  the 
table,  and  has  not  been  acted  upon  ? 

[Mr.  BROOKS  rose  to  reply,  when] 

The  PRESIDENT  announced  the  vote,  as  above ; 

And  thereupon,  at  12  m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Friday,  February  7th,  1868. 


(  524  ) 


Feb.  eth.]   AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [24th  Day. 


Penitentiary.— CYPEET—MASOX—BEASLEY—HIXDS—MOOEE— HODGES. 

T  W  E  N  T  Y  -  r  I  F  T  H  DAY. 

Friday,  Fehriiary  1th,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  offered  by  the  Cliaplain. 

The  roll  was  called;  and  the  following  members  answered  to  their  names : 

Messrs.  Beasley.  Belden,  Bell.  Bradley,  Brashear,  Brooks,  Coates,  Corbell, 
Cypert,  Dale,  DiiTall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson.  G-rey  of  Phillips. 
Harrison,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Holhs,  Hodges  of  Pulaski, 
Hoge,  Houghton,  Hutchinson,  Kyle,  Langley,  ]\Iallory.  3Iason,  Matthews,  Mer- 
rick, Misner,  Millsaps,  Montgomery,  Murjdiy,  McCown,  McClure,  Moore,  Xor- 
man,  OHver,  Poole,  Portis,  Puntney,  Eawlings,  Eector,  Eeynolds,  Eounsaville, 
Sams,  Samuels,  Sarber,  Scott,  Shoppach^  Sims,  Smith,  Snyder,  Tan  Hook, 
Walker,  Wilson,  White,  Williams,  Wright.  Wyatt.  and  the  President. 

Sick,  axd  Excused  :  Messrs.  Hodges  of  Crittenden,  Priddy.  and  Owen. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names : 

PEXITEXTIARY — AGAIX. 

The  Journal  of  the  preceding  day  was  read. 

Mr.  CITPEET.  A  minority  report  was  sent  to  the  Secretary's  table. 
There  is  no  note  of  that  in  the  minutes  as  read. 

The  FIRST  ASSISTANT  SECEETAEA^  replied  :  The  gentleman  said 
he  withdrew  the  Eeport. 

Mr.  CA^PEET.  I  state  the  facts ;  and  I  call  upon  the  gentleman  from 
Chicot  [Mr.  Masox]  to  sustain  me. 

Mr.  MASOX.  The  Eeport  was  sent  up  before  the  motion  to  adjourn 
"was  made. 

Mr.  BEASEEY.  Is  my  vote  recorded,  on  the  ITot  Springs  cpaestion  ? 

The  EIEST  ASSISTANT  SECEETAEY  replied:  It  is  not. 

Mr.  BEASEEY.  That  is  right.  I  should  have  voted  against  the  prop- 
osition, had  I  been  here. 

Mr.  HIXDS.  If  there  is  no  objection,  the  Committee  would  desire  to 
have  these  words  embodied  in  the  Eeport  of  the  Committee  on  the  Elec- 
tive Franchise. 

iNo  person  who  has  openly  advocated  or  voted  for  the  reconstruction  pro- 
posed by  Congress,  and  accepts  the  equality  of  all  men  before  the  law,  shall  be 
deemed  disqualified  as  an  elector. 

Mr.  MOGEE  objected. 

Mr.  HODG-ES,  of  Pulaski.  I  move  that  the  amendment  be  permitted  to 
go  into  the  Eeport,  and  upon  that  motion  I  call  for  the  yeas  and  nays. 
Mr.  CYPEET.  I  ask  to  know  whether  the  correction  of  the  minutes 

(  525  ) 


1868.] 


DEBATES  ANP  PEOOEEBINGS  OE  THE 


[Friday, 


Penitentiary.— CYPERT— BROOKS— BKADLEY. 


has  been  made,  in  accordance  with  my  suggestion.  That  was  the  first 
matter  under  consideration.  Were  the  minutes  corrected,  in  regard  to 
the  Report  of  the  Minority  of  the  Committee  on  the  Penitentiary  ? 

The  FIRST  ASSISTAlsTT  SECRETARY  replied :  There  was  no  order 
for  the  correction. 

Mr.  CYPERT.  I  have  stated  the  facts  in  a  certain  way,  and  there  seems 
to  be  no  statement  to  the  contrary.  I  ask  that  the  minutes  be  corrected 
in  accordance  with  my  statement. 

The  PRESIDED.  The  Chair  has  no  recollection  upon  the  subject. 

Mr.  CYPERT.  When  the  Report  was  sent  to  the  Secretary's  table,  it 
lay  there  until  the  question  was  taken  upon  the  adjournment.  After  that, 
parties  insisted  that  it  should  be  taken  from  the  Secretary's  table.  I 
do  not  know  by  whom,  but  the  gentleman  who  presented  the  Report  was 
urged  not  to  do  so — after  the  adjournment. 

Mr.  BROOKS.  The  gentleman's  statement,  I  think,  is  calculated  to 
involve  some  member  of  this  Convention  in  a  charge  of  serious  misde- 
meanor; and  I  hope  we  shall  have  no  general  accusations  of  that  character, 
without  a  specification.  It  is  charged  that  some  person  took  a  document 
from  the  desk  of  the  Secretary,  without  the  Secretary's  consent.  I  am  not 
disposed  to  participate  in  any  wrangle  with  respect  to  the  minutes.  My 
own  recollection  is  to  this  efifect,  that  the  gentlemen  on  both  sides  are 
partially  correct.  A  motion  to  adjourn  was  made  somewhere  in  that 
quarter  of  the  house  [the  left]  before  the  presentation  of  the  Report  of  the 
Committee  on  the  Penitentiary. 

Mr.  BRADLEY  [in  his  seaf]    Half  an  hour  before. 

Mr.  BROOKS.  I  cannot  state  the  time. 

Mr.  MOORE.  I  will  explain  to  the  gentleman  from  Phillips  [Mr. 
Brooks]  

Mr.  BROOKS.  I  cannot  consent  to  be  interrupted  now. 
Mr.  MOORE.  I  merely  wish  to  explain-  

The  PRESIDEOT.  The  gentleman  from  Phillips  declines  to  yield  the 
floor. 

Mr.  BROOKS.  I  do  not  give  way  to  an  explanation  now.  [To  Mr. 
Moore.]  You  can  make  your  explanation  after  I  have  finished. 

The  motion  to  adjourn  was  made.  The  Report  of  the  Committee  on 
the  Penitentiary  was  made.  The  Minority  Report  was  announced,  and 
was  passed  forward — probably  by  one  of  the  pages.  Subsequently  to 
the  announcement,  I  arose,  and  moved  an  adjournment.  This  was  while 
the  Minority  Report  was  being  transmitted  to  the  table.  I  did  not  do  it 
hastily,  or  in  any  flurrj^  or  with  any  design  to  run  into  anybody's  wheel- 
house,  but  moved  to  adjourn;  and  the  motion,  upon  the  yeas  and  nays, 
was  carried. 

The  PRESIDEi^T.  The  Chair  will  make  an  observation.    If  gentle- 
(  526  ) 


Feb.  Tth.]   AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [25tli  Day. 


Penitentiary.— GAXTT—CYPEET—BEOOKS. 


men  will  inform  the  Chair  how  long  it  was,  before  the  motion  to  adjourn, 
that  they  suppose  the  Minority  Report  to  have  been  handed  in,  the  Chair 
can  tell  whether  that  Report  was  actuallv  presented. 

Mr.  GAXTT.  The  Minority  Report  was  put  in  just  before  the  motion 
to  adjourn  was  made. 

The  PRESIDEXT.  The  recollection  of  the  Chair'is,  that  the  motion  to 
adjourn  was  made  some  time  before  it  was  put. 

Mr.  GAJXTT.  The  motion  to  adjourn  was  withdrawn;  and  we  went  on 
to  discuss  the  subject  of  ths  proposed  memorial  on  the  Hot  Springs. 
During  that  discussion,  the  Minority  Report  was  put  in:  and  I,  in  my 
seat,  asked  that  it  should  be  read.  I  went  to  the  Clerk's  desk,  after- 
wards, to  read  that  Report,  and  asked  to  haye  it,  that  I  might  so  read  it. 
That  right  was  denied  me;  which  denial  I  suppose  to  haye  been  an 
abridgment  of  my  rights  as  a  Delegate  upon  this  floor. 

Mr.  CYPERT.  I  ask  the  gentleman  from  Phillips  [Mr.  Brooks]  if  he 
did  not  insist  upon  the  Minority  Report  being  withdrawn  '? 

Mr.  BROOKS.  I  answer  positiyely,  Xo;  and  challenge  the  world,  the 
flesh,  and  the  Deyil,  upon  the  subject!  [Laughter.] 

Mr.  CITPERT.  I  don't  want  to  introduce  the  Deyil  here.  I  may  be 
wrongly  informed;  but  that  was  mj  understanding. 

Mr.  BROOKS.  You  are  wrongly  informed. 

Mr.  CYPERT.  I  am  wrongly  informed.  But  I  saw  the  gentleman  in 
conyersation  with  the  gentleman  from  Chicot  [Mr.  Masox] — the  Minority 
Report  was  sent  up,  the  motion  to  adjourn  was  made,  and  I  afterwards 
saw  the  o:entleman  in  yery  close  conversation  with  the  o^entleman  from 
Chicot.    If  the  gentleman  says  it  is  not"  so,  I  can  say  it  is  so. 

Mr.  BROOKS.  I  would  like  to  know  of  the  gentleman,  in  the  flrst 
place,  at  what  period  of  the  proceedings  he  observed  that  we  were  in  very 
close  conyersation? 

Mr.  CYPERT.  After  the  adjournment. 

Mr.  BROOKS.  I  would  ask,  in  the  second  place,  if  the  gentleman 
wishes  to  abridge  my  right  to  converse  closely  with  my  colleagues? 
Mr.  CYPERT.  bV  no  means. 

Mr.  BROOKS.  I  didn't  know  but  that  the  gentleman  proposed  to  deny 
me  the  privilege  of  conversing  with  my  colleagues. 

Mr.  GAXTT.  I  would  like  to  know  whether  a  majority,  or  a  minority, 
of  a  committee,  after  their  report  has  been  tendered,  and  put  upon  the 
Secretary's  desk,  can  withdraw  the  report  from  the  Convention;  and 
second,  whether  I,  as  a  delegate,  cannot  have  the  privilege  of  examining 
any  paper  upon  the  desk  of  the  Secretary. 

The  PRESLDEXT.  A  resolution  has  been  adopted  declaring  that  no 
paper  shall  be  taken  from  the  desk,  without  either  the  order  of  the  Presi- 
dent, or  consent  of  the  Secretary. 

(  527  ) 


1868.]  DEBATES  AND  PEOCEEDUSTGS  OF  THE  [Friday, 


Penitentiary.— GANTT—BEOOKS—CTPEET. 


Mr.  GAITTT.  I  did  not  propose  to  take  the  Report  from  the  Secretary's 
desk.  I  proposed  to  read  it  only  upon  the  desk,  and  ray  right  to  do  so 
was  abridged. 

Mr.  BROOKS.  The  gentleman  is  out  of  order.  I  understand  the 
question  for  consideration  now  to  be  upon  the  point  raised  by  the  gentle- 
man from  White  [Mr.  Cypert], — which  is  perfectly  competent  and  proper, 
— upon  the  correction  of  the  Journal.  The  question  raised  by  the  gentle- 
man from  Prairie  [Mr.  Gantt]  is  entirely  another  matter — it  is  a  matter 
of  personal  privilege. 

So  far  as  I  recollect,  the  motion  to  adjourn,  made  by  myself,  was 
seconded,  not  by  the  gentleman  from  Chicot  [Mr.  Mason],  but  by  the 
gentleman  from  Phillips,  my  colleague.    That,  however,  is  not  material. 
But  my  recollection  is,  with  the  gentleman  from  White,  that  my  motion  to 
adjourn  was  made  after  the  Report  had  been  handed  to  the  Page,  for  trans-  i 
mission  to  the  Secretary's  table.    I  claim  that  it  was  perfectly  competent  | 
for  me  to  make  the  motion,  and  for  the  Convention  to  decide  the  motion, 
to  adjourn  or  not  to  adjourn.    It  was  decided,  by  the  yeas  and  nays;  and 
we  adjourned.    While  gentlemen  may  entertain  their  private  opinions  as  I 
to  the  motives  for  adjournment,  that  is  a  matter  of  opinion,  to  which  gen- 
tlemen are  perfectly  entitled.    But  I  submit  that  it  is  not  in  order,  to  say 
nothing  of  courtesy  and  good  fellowship,  to  attribute  motives  for  adjourn-  i| 
ment,  especially  when  such  motion  was  made  at  dinner-time,  and  gentle-  I 
men  had  made  the  same  motion,  half  an  hour  before,  on  the  other  side. 
So  far  as  regards  the  attempt  at  a  fling  at  me  for  my  "  close  conversation," 
and  all  that, — I  converse  when  I  choose,  and  with  whom  I  choose,  so  I 
converse  respectfully,  and  as  a  gentleman ;  and  I  do  not  allow  the  privi-  j 
lege,  to  the  gentleman  from  White,  or  any  other  honorable,  or  dishonor-  ij 
able,  gentleman,  to  prescribe  to  me  when,  how,  or  with  whom,  I  shall 
hold  my  conversations.  * . 

Mr.  CYPERT.  Explanations  go  a  certain  way,  always;  but  !f  the  gen-  : 
tleman  wants  to  make  any  such  issue,  I  will  bring  him  to  the  point.  1  | 
will  ask  him  another  question.  ;| 

Mr.  BROOKS.  The  gentleman  has  a  perfect  right  to  ask  any  questions 
he  may  choose,  concerning  the  adjournment;  but  he  has  not  a  right  to  | 
indulge  in  criticisms  on  my  private  conversations.  ji 

Mr.  CYPERT.  I^o  one  has. asked  in  regard  to  the  adjournment.  But 
as  the  gentleman  seems  to  be  writhing  under  the  lash,  I  will  go  a  little  |! 
further.  \_To  Mr.  Brooks.]  After  the  adjournment,  did  you  not  meet  with  ; 
the  minority  of  the  Committee  on  the  Penitentiary,  and  urge  them  to  !| 
withdraw  their  Report  ? 

Mr.  BROOKS.  I  will  answer,  and  ask  th-e  privilege  of  having  it  put  j 
upon  the  Journal,  \_Turning  to  Mr.  White.]  Did  I  urge  you  to  withdraw  ^ 
the  Report  ? 
(  528  ) 


Feb.  7th.]    AEKAj^SAS  COISTSTITUTIOXAL  COXYEXTIO^s^.  [25tli  Day. 


Penitentiary.— GANTT. 


Mr.  WHITE  [in  his  seat]  l^o. 

Mr.  GAITTT.  I  do  not  desire  to  make  any  unnecessary  complaint;  but 
I  do  feel,  and  I  say  here  now,  that  my  rights  as  a  delegate  upon  this  floor 
have  been  abridged,  and  without  authority.  I  went  to  the  Secretary's  desk, 
as  I  had  a  right  to  do,  and  asked  the  privilege  of  reading  this  Report. 
That  privilege  was  denied  me.  I  say  now,  and  I  want  it  to  go  to  the 
country,  that  my  rights  as  a  delegate  in  this  body  have  been  abridged.  I 
am  here  as  the  representative  of  an  honest  constituency;  when  I  am  de- 
nied a  right  or  privilege  due  me  in  that  capacity,  they  are  abridged  of  their 
rights.  I  have  been  so  denied,  and  for  some  purpose.  There  could  have 
beeu  no  reason  for  the  denial,  unless  it  was  intended  as  a  personal  dis- 
courtesy. My  relations  with  the  Secretary  were  kind  and  cordial.  I  can- 
not regard  his  action  as  personal  to  me ;  and  therefore  I  must  conclude 
there  was  some  other  object.  The  Report  was  taken  from  my  hand,  and 
put  in  the  drawer;  and  I  wish  that  fact  to  go  to  the  world. 

So  far  as  the  gentleman  from  Phillips  [Mr.  Brooks]  is  concerned,  his 
motion  was  in  order ;  and  I,  and  no  man,  can  have  a  right  to  question  his 
motives  for  submitting  it.    I  make  no  complaint,  at  all,  upon  that  score. 

The  PRESIDENT.  The  question  is  upon  the  amendment  of  the  minutes 
of  yesterday,  in  accordance  with  the  suggestion  of  the  gentleman  from 
White  [Mr.  Cypert],  so  that  the  Journal  shall  show  that  the  Minority  Re- 
port of  the  Committee  on  the  Penitentiary  was  presented.  The  Chair 
conceives  that  the  remarks  in  regard  to  the  privileges  of  members,  and 
so  forth,  are  out  of  order  in  this  connection. 

The  SECRETARY,  by  consent,  said:  I  desire,  right  here,  to  make  an 
explanation  ;  for  I  feel  that  I  have  done  no  more  than  was  proper  and  legiti- 
mate in  the  premises.  When  the  Report  was  handed  in,  the  question 
before  the  Convention  was  upon  a  motion  to  adjourn.  Mr.  Jones  [reporter 
of  the  "Republican"]  had  slipped  out  the  paper  to  look  it  over:  he  had 
not  had  it  a  minute  before  the  reporter  of  the  "  Gazette"  had  it.  Seeing 
still  three  or  four  other  gentlemen  making  a  headlong  rush  for  this  Re- 
port, I  placed  it  in  a  drawer,  to  prevent, — what  seemed  very  probable, — 
its  loss.  Then  the  gentleman  from  Chicot  [Mr.  Mason]  asked  for  the 
Report,  saying  he  "  desired  that  Report  which  he  had  sent  in  here." 
There  was  no  intention,  on  my  part,  to  injure  the  feelings  of  any  gentle- 
man on  this  floor. 

Mr.  GANTT.  Let  me  ask  one  question.  Has  the  Secretary  of  this  Con- 
vention the  right,  after  the  report  of  a  minority,  or  of  the  majority,  of  a 
committee  has  been  placed  upon  the  table, — to  return  that  Report,  or 
permit  it  to  be  withdrawn,  without  the  consent  of  the  Convention  ? 

The  SECRETARY,  as  before,  remarked  : — I  claim  that  after  adjourn- 
ment no  gentleman  has  any  business  with  any  paper  upon  the  desk,  apper- 
taining to  the  business  of  the  Convention. 

34  (  529  ) 


\ 


1868.]  DEBATES  AND  PEOOEEDmGS  OF  THE  [Friday, 


Penitentiary.— MOOKE— MASON— GxlNTT— BROOKS. 

Mr.  MOORE.  I  have  just  to  say  this,  and  upon  the  uniform  principle, 
as  I  understand,  of  parliamentary  decisions  :  that  when  a  document  is  filed 
with  the  Secretary,  and  on  his  desk,  nobodj^  can  take  it  from  this  Conven- 
tion without  the  consent  'of  the  Convention — that  such  document  is  then 
the  property  of  the  Convention,  and  that  neither  the  gentleman  ofiering 
it,  nor  anybody  else,  can  withdraw  it  without  the  consent  of  the  body. 
I  know  not  what  this  Report  says,  nor  do  I  care  ;  neither  would  I  im- 
pugn the  motives  of  any  gentleman  upon  this  floor.  But  the  Report  is 
a  part  of  our  record;  it  belongs  here.  Parliamentary  usage  is,  that  it  is 
to  be  considered  as  belonging  to  the  House,  and  cannot  be  withdrawn  but 
by  permission  of  the  House.  I  therefore  say  that  the  document  ought  to 
be  replaced  upon  the  table,  and  should  be  read.  If  it  was  slipped  in  the 
drawer  

Mr.  MASOl^T  here  presented  the  Report  in  question,  being  that  of  a 
minority  of  the  Select  Committee  on  the  subject  of  the  Penitentiary^ 

Mr.  G ANTT.  Is  it  the  same  Report  ? 

Mr.  MASOK  Yes,  sir. 

Mr.  GANTT.  Unchanged  ?  .  '  ■ 

Mr.  MASOK  Yes,  sir^ 
.  Mr.  GAl^TT.  Let  it  be  read. 

Mr.  BROOKS.  There  is  a  rule  of  this  body,  requiring  that  no  docu- 
ment shall  be  removed  from  the  table  without  the  consent  of  the  Secre- 
tary, l^ow  I  submit  that  under  such  a  rule  it  is  competent  for  the  Secre- 
tary, in  his  discretion,  to  allow  a  temporary  removal,  from  the  table,  of 
any  document;  the  Secretary  holding  himself  responsible  to  the  Conven- 
tion. 

Mr.  GAISTTT.  I  do  not  question  that  right  of  the  Secretary  at  all ;  but 
I  understood  that  the  removal  of  the  Report  from  the  table  was  intended 
as  a  withdrawal  of  the  paper  from  the  Convention;  and  the  minutes  do 
not  show,  this  morning,  that  it  was  presented,  at  all. 

Mr,  BROOKS.  I  do  not  refer  to  the  remarks  of  the  gentleman  from 
Prairie  [Mr.  Gantt],  but  of  the  gentleman  on  the  other  side  of  the  house 
[Mr.  Moore.]  I  stated  to  the  gentleman  [Mr.  Gantt]  at  the  time,  yes- 
terday, in  private  conversation,  that  I  made  no  point  as  against  him.  My 
remark  was  not  intended  as  responsive  to  anything  from  him,  but  to  the 
gentleman  from  Ashley,  which  was  to  the  effect,  whether  so  intended  or 
not,  that  it  was  not  within  the  prerogative  of  the  Secretary  to  allow  a  tem- 
porary removal  of  papers  from  his  desk.  I  contend  that  the  Secretary 
did  not  violate  any  rule  of  this  body,  when,  in  the  exercise,  under  au- 
thority expressly  conferred  upon  him  by  the  Convention,  of  discretion  as 
an  officer  of  the  Convention,  he  allowed  the  Committee  the  temporary 
use  of  a  document,  holding  himself -responsible  to  this  body,  as  its  officer. 

Mr.  MOORE.  It  was  not  my  intention  to  convey  the  idea  that  the  Secre- 
(  530  ) 


Feb.  7th.]   ARKANSAS  CONS.TITUTIOXAL  COXYENTIO^sT.  [25th  Day. 


Penitentiary.— MOOEE—GAXTT— HICKS. 


taiy  had  transcended  his  duty,  in  permitting  the  withdrawal  of  that  docu- 
ment. I  hold,  however,  that  it  is  the  property  of  this  Convention,  and 
ought  to  he  properly  placed  upon  its  records.  Any  member  can,  with  the 
consent  of  the  Secretary,  withdraw  any  paper;  but  it  had  properly  be- 
come, and  is  now,  the  property  of  this  body;  and  its  presentation  should 
be  duly  noted. 

The  PRESIDEOT.  There  is  no  question  upon  this  subject.  The  Chair 
is  of  the  opinion  that,  under  the  circumstances,  the  Secretary  had  the 
right  to  permit  the  gentleman  from  Chicot  [Mr.  Masox]  to  take  the  paper. 
There  seemed  to  be  several  gentlemen  very  desirous  of  getting  hold  of  the 
Report, — among  others,  the  gentleman  from  Chicot.  The  Secretary  could 
not  deliver  the  paper  to  all ;  and  if  any  preference  was  to  be  given  in  the 
matter,  as  would  appear  to  have  been  indispensable  if  anybody  was  to 
have  it,  the  gentleman  from  Chicot,  as  a  member  of  the  Committee,  and 
one  of  those  members  who  presented  the  Report  in  question,  would  be 
first  entitled  to  its  possession. 

Mr.  GANTT.  I  will  ask  whether  the  Secretary  could  deny  me  the 
privilege  of  reading  the  Report  at  the  desk. 

The^PRESIDEXT.  The  Chair  understands  that  the  demands  were 
made  close  together. 

The  SECRETARY,  as  before,  remarked : — There  were  three  persons 
at  the  same  time  endeavoring  to  obtain  possession  of  the  paper. 

Mr.  GANTT.  It  was  put  in  the  drawer. 

The  SECRETARY.  It  was  not  put  in  the  drawer  until  after  the  time  of 
which  I  speak. 

The  PRESIDEis'T.  The  Chair  regards  the  question  as  settled. 

Mr.  HICKS.  I  desire  to  make  an  explanation.  Some  little  asperity  has 
been  manifested,  in  regard  to  a  remark  which  I  heard  the  gentleman  from 
Phillips  [Mr.  Brooks]  make  use  of  

The  PRESIDENT.  The  gentleman's  remarks  are  out  of  order.  It  has 
already  been  stated  that  the  Chair  regards  the  question  before  the  Con- 
vention as  settled. 

Mr.  HICKS.  But  I  rise  to  a  personal  explanation.  This  is  a  matter  of 
veracity.  I  wish  to  make  a  statement;  as  neither  of  the  gentlemen  have 
understood  this  matter.  After  the  adjournment  of  the  Convention,  I  stood 
there  [pointing  to  a  position  in  the  aisle],  and  heard  the  gentleman  from 
PhiUips  [Mr.  Brooks]  remark  to  the  minority  of  this  Committee  [Messrs. 
Mason  and  White]  that  they  ought  to  confide  in  those  who  had  been 
always  their  friends,  and  had  always  proved  their  fidelity.  [Laughter  on 
the  left.]  They  had  the  Report  in  their  hands;  and  I  presume  the  refer- 
ence was  to  the  Report. 

,  So  far  as  the  other  statement  is  concerned,  it  is  a  misapprehension,  on 
the  part  of  the  gentleman  from  White  [Mr.  Cypert.] 

(  531  ) 


1868.] 


DEBATES  AISTD  PEOCEEDmGS  OF  THE 


[Friday, 


Penitentiary — Elective  Franchise. — HINDS. 


The  PRESIDENT.  The  Chair  understands  the  gentleman  from  "White 
[Mr.  Cypbrt]  to  ask  that  the  minutes  be  so  amended  as  to  show  that  the 
Minority  Report  was  presented  on  yesterday. 

Mr.  CYPERT.  Yes,  sir. 

The  PRESIDENT.  If  there  is  no  further  objections  the  minutes  will  be 
so  amended. 

Mr.  HINDS.  It  is  the  desire  of  the  Committee  that  the  Minority  Report  jl 
shall  be  printed  with  the  Report  of  the  majority.  It  was  intended  to  | 
accompany  the  Majority  Report.  j 

The  PRESIDENT.  If  there  is  no  objection,  this  Report,  which  the  gen-  I 
tleman  says  was  intended  to  accompany  that  of  the  Report  of  the  majority, 
will  be  referred  to  the  same  Committee,  and  printed  with  the  Majority  l| 
Report. 

Mr.  KYLE.  I  call  for  the  reading  of  the  Minority  Report  of  the  Com-  ! 
mittee  on  the  Penitentiary.  ! 

The  PRESIDENT  inquired  of  the  Secretary  whether  there  was  any  |j 
special  order  of  the  day. 

The  SECRETARY  informed  the  Chair  that  it  was  impossible  to  procure, 
from  the  printer,  copies  of  the  Report  which  had  been  made  the  subject  of 
the  special  order  of  the  day. 

The  PRESIDENT.  If  the  gentleman  from  Dallas  [Mr.  Kyle]  will  wait  | 
a  few  moments, — the  Report  the  consideration  of  which  forms  the  special  ! 
order  of  the  day,  not  being  attainable, — the  paper  which  he  calls  for  will 
be  read. 

Mr.  GANTT.  I  rise  to  a  personal  explanation.  The  discussion  in  regard 
to  the  reception,  and  so  forth,  of  the  Minority  Report  of  the  Penitentiary,  j 
having  been  somewhat  heated,  I  desire  to  add  a  single  remark.  I  desire 
to  say  that  the  Secretary,  I  am  entirely  certain,  intended  nothing  personal 
to  me.  And  I  take  this  occasion  to  say  that  thus  far,  he  has  been  a  com- 
petent and  faithful  officer  of  the  Convention.  Our  relations  are  kind;  aud 
I  am  very  much  gratified  to  express  my  conviction  that  nothing  unfair  was 
intended  by  him,  in  the  matter  referred  to. 

;        ■      •  i 
ELECTIVE  FRANCHISE — AGAIN. 

Mr.  HINDS,  from  the  Committee  on  the  Elective  Franchise,  submitted 
the  following  clause,  accidentally  omitted  from  the  Report  of  the  Commit- 
tee, and  which  he  now  desired  to  have  inserted.  | 

No  person  who  has  openly  advocated  or  voted  for  the  reconstruction  pro- 
posed by  Congress,  and  accepts  the  equality  of  all  men  before  the  law,  shall  be  i 
deemed  disqualified  as  an  elector. 

Objection  being  made,  | 
The  question  was  taken  upon  the  proposition  that  the  omitted  clause  be 
(  532  ) 


Feb.  7th.]  AEKAl^SAS  COI^STITUTIOi^AL  CONYENTIOK  [25tli  Day. 


Minority  Keport  of  Committee  on  Penitentiary. 


printed,  and  take  the  same  course  with  the  Majority  Report  of  the  Com- 
mittee ;  and  the  proposition  was  agreed  to. 

[For  convenience  of  reference,  this  clause  has  been  inserted  in  brackets, 
in  the  Report  of  the  Committee,  as  originally  presented.  The  clause  ap- 
peared in  the  Report,  as  printed  for  the  use  of  the  Convention.] 

The  Journal  of  the  preceding  day  was  then  appproved. 

PENITENTIARY — AGAIN. 

No  reports  of  standing  committees  being  presented,  and 
Reports  of  select  committees  being  in  order, 
The  SECRETARY  then  read  the  following 

MIFOEITY  EEPOET  OF  COMMITTEE  ON  THE  PENITENTIARY. 

Having  been  added  to  the  Committee  on  Penitentiary,  by  the  Constitutional 
Convention,  and  having  participated  in  the  labors  of  investigation  of  the  con- 
tract under  which  the  same  is  now  held,  and  also  in  the  examination  of  wit- 
nesses, in  regard  to  treatment,  discipline  of  prisoners,  etc.,  as  a  natural  result 
we  have  formed  some  opinion  upon  the  various  subjects  under  consideration. 
Those  opinions  we  expected  to  have  an  opportunity  of  expressing  to  the  Com- 
mittee of  which  we  formed  a  part,  before  final  action  was  taken,  or  the  Report 
submitted ;  not  doubting  but  that  in  all  probability  the  few  differences  that 
might  exist  between  ourselves  and  the  majority,  on  a  comparison  of  views, 
could  be  harmonized  so  as  to  obviate  the  necessity  of  presenting  a  minority 
report. 

We  regret  the  fact  that  the  Committee,  reporting,  has  not  extended  that 
courtesy  to  us  that  we  claim  was  our  due. 

1st.  It  appears,  on  investigation,  that  the  contract  was  awarded  to  ]\Iessr8. 
Hodges,  Peay,  &  Aliff,  by  the  action  of  the  last  G-eneral  Assembly  of  the  State 
of  Arkansas.  As  to  the  legahty  of  said  action,  we  do  not  feel  ourselves  com- 
petent to  determine. 

2d.  It  appears  that  the  lease  is  for  the  term  of  fifteen  years;  also,  that  the 
contracting  parties  receive  the  aid  of  the  State  funds, — first  in  the  sum  of  thirty- 
eight  thousand  two  hundred  and  seventy-five  dollars  ($38,275)5  in  addition? 
twenty- five  dollars  for  each  iron  bedstead,  mattress,  and  bed  clothing  ;  seventy- 
five  cents  per  foot  for  piping  for  heating  cells  and  main  building :  the  probable 
cost  of  the  last  two  items,  as  estimated  by  Messrs.  Hodges,  Peay,  &  Aliff,  is 
thirteen  thousand  dollars  (S13,000).  Taking  these  sums  together,  they  make 
in  the  aggregate,  fifty-one  thousand  two  hundred  and  seventy-five  dollars 
(851,275),  to  start  on,  to  be  drawn  out  of  the  State  treasury,  for  the  purpose 
of  putting  the  institution  in  running  order;  and  the  State  supplies  this  amount 
of  capital,  without  interest,  for  eleven  years ;  and  as  much  more  as  may  be 
necessary  for  completing  the  arrangements  of  said  contract,  and  for  the  first 
three  years,  adds  thirty -five  (35)  cents  per  day  for  the  subsistence  of  each  pris- 
oner. For  these  and  other  franchises  secured,  the  State  expects  at  the  end  of 
fifteen  years  to  have  solved  the  problem,  as  to  whether  the  institution  can  be 

(  533  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Minority  Eeport  of  Committee  on  Penitentiary. 


made  self-supporting  or  not ;  and  for  the  privilege  of  having  tried  the  experi- 
ment, reserves  to  herself  the  right  to  purchase  machinery,  etc.,  at  its  appraised 
value,  if  she  should  be  able.  The  labor  and  mechanical  skill  of  prisoners,  in 
the  meantime,  simply  and  solely  contributing  to  the  benefit  of  the  contractors; 
they  agreeing,  after  the  term  of  three  years,  to  pay  for  such  labor  in  provisions, 
to  the  amount  necessary  for  subsistence  and  clothing  for  each  convict  laborer. 
Perhaps,  in  the  judgment  of  the  General  Assembly,  this  may  have  been  con- 
sidered the  best  and  cheapest  arrangement  possible  to  be  made,  after  com- 
paring this  contract  with  the  management  of  other  State  institutions  of  this 
kind.  Be  that  as  it  may,  it  is  evident  that  the  Governor  dissented  to  the 
action  of  the  General  Assembly,  and,  it  is  fair  to  suppose,  for  good  and  suffi- 
cient reasons ;  as  men  of  all  shades  of  political  opinion  admit  his  integrity  of 
purpose,  and  honesty  of  intent,  in  public  life.  We  conclude,  that  at  the  present 
time,  but  little  harm  may  result  from  the  continuance  of  the  contract  under  its 
present  form,  but  we  hold  that  it  is  impossible  to  estimate  the  influence  that 
it  may  exert  over  the  destinies  of  the  State,  when  fostered  by  fifteen  years  of 
growth.  It  arises  into  a  colossal  monopoly,  overshadowing  and  perhaps  con- 
trolling the  whole  mechanical  industry  of  the  State.  This,  we  think,  is  a  sub- 
ject for  the  deepest  consideration ;  and  while  we  do  not  feel  willing  to  offer 
positive  advice  we  would  commend  it  to  your  serious  consideration. 
3d.  The  infliction  of  corporeal  punishment. 

This  species  of  punishment,  by  the  use  of  a  strap  some  eighteen  inches  in 
length,  and  three  inches  in  width,  upon  the  naked  person  of  the  prisoner,  we 
find  to  be  in  common  use.  Although  aware  of  the  necessity  of  strict  discipline 
in  all  institutions  of  this  kind,  knowing  also  that  the  lash  is  countenanced, 
though  rarely  if  ever  used,  in  a  few  of  the  States  composing  the  American 
Union;  that  this  prototype  of  the  Eussian  knout, — this  semblance  of  the 
cato'-nine-tails, — this  relic  of  barbarism, — this  unnecessary  degradation  of  men 
already  sufficiently  lowered  in  human  estimation,  we  consider  to  be  abhorrent 
to  every  feeling  of  humanity,  and  to  every  dictate  of  Christianity.  The  or- 
ganic law  of  the  State  guarantees  the  full  protection  of  the  person  of  the  pris- 
oner. Has  this  guarantee  been  sustained?  To  this  point  we  would  also  call 
your  attention,  and  would  respectfully  recommend  the  incorporation  of  an 
article  into  the  organic  law,  abolishing  this  species  of  punishment. 

4th.  As  to  the  mode  of  investio-ation. 

o 

We  must  say,  in  justice  to  ours^elves,  that  we  were  not  entirely  satisfied  with 
the  course  pursued  in  the  examination  of  witnesses;  the  party  representing 
those-  charged  with  the  infliction  of  cruelty,  although  having  disclaimed  ail 
personal  interest  in  the  matter,  being  chief  examiner. 

5th.  The  inquiry  is  made  as  to  who  were  the  original  contractors,  and  by 
whom  the  lease  is  now  held.  It  appears  that  but  one  of  the  first  parties  is 
known  in  the  lease  at  this  time. 

6th.  It  seems  to  us  that  an  inquiry  would  then  naturally  arise  as  to  the  effect 
that  this  action  would  have  upon  the  original  security  bond — whether  that 
bond  was  and  is  sufficient. 

7th.  That  portion  of  the  Majority  Eeport  severely  animadverting  upon  the 


(  534  ) 


Feb.  7th.]  AEKANSAS  COXSTITUTIOXAL  COXVEXTIOX.  [25lli  Day. 


Penitentiary.— BKADLEY—BKOOKS—GANTT— HODGES— MASON— McCLUKE. 


conduct  of  the  last  General  Assembly  of  the  State  of  Arkansas,  in  charging 
upon  them  the  expenditure  of  ten  thousand  dollars  of  the  State  funds  in 
drunkenness,  riot,  and  debauchery  with  Andrew  Johnson. 

TTe  think  this  irrelevant  to  the  subject,  and  foreign  to  the  resolution  passed 
by  this  body  as  a  basis  for  our  action.  While  we  hold  it  to  be  the  right  of  the 
representatives  of  the  people  to  investigate  the  conduct  of  public  servants, 
yet.  however  unworthy  they  may  have  conducted  themselves  in  the  discharge 
of  their  public  duties,  we  cannot  agree  in  the  use  of  other  than  temj^erate  and 
respectful  language. 

"    •    Jas.  W.  Mason, 
J.  T.  White. 

Mr.  BRADLEY  moved  that  one  hundred  copies  of  the  Report  be 
printed. 

Mr.  BROOKS  moved  to  amend  by  adding  that  the  entire  subject  be 
made  the  special  order  of  the  day  for  Tuesday,  February  11th.  ♦ 

Mr.  GAXTT.  I  hope  the  gentleman  [Mr.  Bradley]  will  accept  the 
amendment. 

Mr.  BRADLEY.  I  accept  the  amendment. 

Mr.  HODGES,  of  Pulaski.  Perhaps  I  might  say  a  word  more.  I  may 
not  have  another  opportunity  of  saying  a  word  upon  this  subject.  If,  in 
this  Report,  there  is  any  idea  that  the  parties  now  holding  the  contract 
had  any  influence  over  the  Committee  empowered  to  make  this  examina- 
tion and  Report,  I  would  like  to  have  them  state  the  facts  of  the  case. 

Mr.  BRADLEY.  I  object  to  this  discussion.  The  merits  of  this  Re- 
port will  be  discussed  at  the  piroper  time,  and  in  a  regular  manner. 

Mr.  HODGES.  I  am  much  obliged  to  the  gentleman,  for  his  objection. 
I  have  a  right  to  personal  explanation. 

Mr.  MASOX.  I  do  not  understand  that  there  is  any  such  charge  in  the 
Report. 

Mr.  HODGES.  I  mean  to  say  that  if  there  is  any  charge  of  undue 
influence  exerted,  in  this  matter,  on  the  part  of  any  persons  connected 
with  the  contract,  I  wish  to  have  that  corrected.  I  thought,  from  a  first 
hearing  of  the  Report,  that  it  did  indicate  something  of  the  kind;  and  I 
would  like  to  have  the  matter  made  clear. 

Mr.  McCLURE.  The  gentlemen  who  have  presented  this  Report,  seem 
to  think  that  they  were  overlooked  and  slighted,  in  the  fact  that  the  Ma- 
jority Report  was  not  submitted  for  their  consideration.  I  have  this  to 
say,  in  respect  to  that  point.  A  consultation  was  had  with  the  entire  Com- 
mittee, after  the  evidence  had  been  reduced  to  writing,  and  the  material 
facts  contained  in  the  Report  were  agreed  upon.  At  that  time  there  was 
no  such  discrepancy  of  views  expressed,  as  now.  The  gentlemen  then  ob- 
jected to  the  infliction  of  a  certain  class  of  punishment  recognized  as  in 
use  in  the  Penitentiary.    That  was  no  part  of  our  investigation;  we  were 

(  535  ) 


1868.] 


DEBATES  Al^D  PEOCEEDmGS  OF  THE 


[Friday, 


Eules  of  Order.— HINDS— CYPEJRT. 


not  required  to  investigate  the  question,  whether  the  punishment  used  in  j 
the  Penitentiary,  was,  or  was  not,  too  severe.   It  was  objected,  that  an  un- 
heard-of mode  of  punishment  was  adopted.    There  was  a  unanimity,  I 
say,  on  all  parts  of  the  subject  except  that.   They  had  no  more  right  

Mr.  MOORE.  I  rise  to  a  point  of  order.    I  would  inquire  whether  the 
gentleman  is  in  order. 

Mr.  McCLUEE.  I  am  making  a  personal  explanation. 

Mr.  MOORE.  I  suppose  no  argument  is  pertinent,  except  upon  the  ! 
question  of  reference. 

The  PRESIDEI^T.  Personal  explanation  seems  to  be  in  order  this 
morning;  and  the  Chair  is  disposed  to  allow  the  gentleman  a  reasonable 
latitude  in  his  remarks. 

Mr.  McCLURE.  I  have,  then,  to  say  that,  the  views  of  the  Committee 
being  thus  ascertained,  I  sat  down,  with  the  gentleman  from  Desha  [Mr.  j 
Sims],  to  draw  up  the  Report.  There  were  several  members  of  the  Com-  \ 
mittee;  but  no  member  of  the  Committee  except  the  gentleman  from 
Desha  and  myself  saw  the  Report.  These  gentlemen  have  not  been  j 
treated  with  more  disrespect  than  any  other  members  of  it.  I  am  the  | 
Chairman  of  the  Committee  ;  I  am  not  its  clerk.  If  I  make  out  the  Re-  || 
port,  after  discussing  it  with  the  members  present  at  the  meeting  of  the  j 
Committee,  I  embody  in  the  Report  my  feelings  and  sentiments  on  the  || 
subject.  Ever}^  individual  member  of  the  Committee  had  the  right  to  j 
make  his  report ;  but  when  I  write  a  report,  I  write  what  I  think,  and  not  | 
what  others  think. 

The  question  was  taken ;  and  the  motion  was  agreed  to.  *  j 

Mr.  MOOTGOMERY.  Are  both  Reports  to  be  made  the  special  order  i 
for  Tuesday  next?  | 

The  PRESIDENT.  The  Chair  intended  to  state  the  question  in  that  |j 
form.    It  will  so  stand,  unless  objected  to.  j 

i 

RULES  OF  OEDER — AGAIN.  •  ji 

i 

Motions,  resolutions,  and  notices  being  in  order,  i 

Mr.  HINDS  said:  I  gave  notice  that  I  should  introduce  a  motion  to  || 

amend  Rule  I,  so  that  it  shall  require  one-half  the  members  of  the  Con-  j; 

vention,  instead  of  two-thirds,  to  constitute  a  quorum.  |i 

I  now  move  to  amend  Rule  I,  by  striking  out  the  word  ^'two-thirds,"  ! 
and  inserting,  instead  thereof,  the  word  '' one-half." 

Mr.  CYPERT.  I  ask  for  the  yeas  and  nays,  on  that  motion.    Of  course, 

I  shall  oppose  it.  i 

The  yeas  and  nays  were  ordered.  j 
(  536  ) 


Feb.  7tli.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [25tli  Day. 


Public  Printing — Penitentiary — Sale  of  Hot  Springs — Erection  of  a  new  Co.  ("Magazine.'') 


The  question  was  taken;  and  it  was  decided  in  tlie  affirmativej — Yeas 
40,  ]^ays  23,  as  follows  : 

Teas:  Messrs.  Beklen.  Bell.  Brasliear.  Brooks.  Coates.  Dale.  Exon.  G-ray  of 
Jefferson.  Grey  of  Phillips,  Hatfield,  Hawkins.  Hinds,  Hinkle,  Hollis.  Hodges 
of  Pulaski,  Hutchinson,  Johnson.  Langley,  Mallory.  Mason.  Merrick,  Misner, 
Millsaps,  Montgomery.  Murphy,  McClure.  Oliver.  Poole.  Portis.  Eawlings, 
Pieetor,  Samuels,  Sarber,  Scott,  Smith.  Snyder.  T\'hite.  AVilliams,  Wyatt,  and 
the  President — iO. 

Xays  :  Messrs.  Beasley,  Bradley,  Corbell,  Cypert.  Duvall,  Evans,  Gautt,  Har- 
rison, Hicks,  Hoge,  Houghton,  Kyle,  Matthews,  Moore,  Xorman,  Puntney,  Eey- 
Dolds.  Piounsaville,  Shoppach.  Yan  Hook,  Walker,  Wilson,  and  Wright — 23. 

So  the  amendment  was  agreed  to. 

PUBLIC  PRIXTIXCt — AGAIN.  -  ♦ 

Mr.  KYLE.  I  desire  to  give  notice  that  on  to-morrow,  I  shall  move  to 
reconsider  the  vote  by  which  the  public  printing  was  taken  from  the 
parties  executing  it  under  a  contract  made  by  the  last  Legislature;  and 
for  making  that  inotion,  I  will  give  my  reasons  when  the  question  shall 
come  before  the  Convention. 

PEXITEXTIARY — ^AGAIX. 

Mr.  HODGES,  of  Pulaski,  extended  an  invitation  to  the  members  of 
the  Convention,  to  visit  the  Penitentiary,  at  half-past-two  o'clock  on  the 
following  afternoon.  He  expressed  a  hope  that  the  investigation  in  the 
matter  of  the  Penitentiary  might  proceed,  and  the  question  be  settled. 

Mr.  GAYTT  moved  that  the  invitation  be  accepted,  for  Monday  fol- 
lowing. 

Mr.  HODGES.  I  said,  Saturday,  at  half-past-two  o'clock. 
Mr.  GAXTT.  I  move,  then,  that  the  invitation  be  accepted. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

SALE  OF  ARKANSAS  HOT  SPRINGS — AGAIN. 

Mr.  HOLLIS,  gave  notice  that  on  the  morrow  he  should  move  a  re- 
consideration of  the  vote  b}^  which  the  Memorial  to  Congress  in  relation 
to  the  sale  of  the  Arkansas  Hot  Springs,  was  adopted. 

ERECTION  OE  A  NEW  COUNTY   (*'  MAGAZINE.") 

Mr.  SCOTT  offered  the  following  resolution  : 

Besolved  :  That  all  that  portion  of  the  Counties  of  Franklin  and  Scott  included 

(  537  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Eemoval  of  Political  Disabilities — Office  of  Postmaster  of  Convention. 


in  the  following  boundaries,  viz.  :  Beginning  at  the  northwest  corner  of  Scott 
County,  where  the  township  line  dividing  Townships  6  and  7  crosses  range 
line  dividing  25  and  26,  running  west,  on  said  township  liile,  to  range  line 
dividing  ranges  28  and  29  ;  thence  south,  on  the  boundary  line  between  Scott 
and  Sebastian,  to  township  line  dividing  Townships  3  and  4;  thence  east,  on 
said  line,  to  the  point  of  beginning ; — be,  and"  the  same  is  hereby,  formed  into 
a  separate  and  distinct  County,  to  be  called  and  known  by  the  name  of  "  Maga- 
zine," to  have,  enjoy,  and  exercise,  as  a  body  politic  and  corporate,  all  the 
rights,  privileges,  and  immunities  of  an  independent  County. 

Second^  The  first  Legislature  shall  enact  laws  for  the  carrying  into  effect 
the  objects  of  the  resolution. 

Mr.  SARBER  moved  that  the  resolution  be  referred  to  the  Committee 
on  the  Judiciary. 

The  question  was  taken;  and  the  motion  was  not  agreed  to.. 

REMOVAL  OF  POLITICAL  DISABILITIES — AGAIN. 

Mr.  HIE^DS  announced  that  the  select  Committee  appointed  to  draft  a 
memorial  to  Congress  in  relation  to  the  removal  of  political  disabilities, 
would  be  ready  to  receive  the  names  of  such  persons  as  might  be  entitled, 
under  the  resolution,  to  the  recommendation. 

The  PRESIDENT  asked  when  the  Committee  would  be  ready  to  re- 
ceive such  names. 

Mr.  HINDS  replied  :  At  any  time.  The  Chairman,  or  any  member  of 
the  Committee,  would  receive  them.  , 

OFFICE  OF  POSTMASTER  OF  CONVENTION. 

Mr.  WILSON.  I  offer  the  following  resolution,  declaring  vacant  the 
office  of  Postmaster  of  the  Convention.  I  represent  the  laboring  class.  I 
find  that,  in  fact,  w^e  have  no  Postmaster  now. 

Resolved :  That  the  office  of  Postmaster  of  this  Convention  be,  and  the  same 
is  hereby,  declared  vacant. 

Mr.  BROOKS  moved  that  the  resolution  be  amended  by  striking  out 
the  word    vacant,"  and  inserting,  instead  thereof,  the  word  abolished." 
Mr.  WILSON  accepted  the  amendment. 
Mr.  REYNOLDS  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken;,  and  it  was  decided  in  the  affirmative, — ^Yeas 
61,  Nays  2,  as  follows :  * 
(  538  ) 


Feb.  Till.]   AEKAXSAS  COXSTIirTIOXAL  COXVEXTIOX.  [25th  Day. 


Illegitimate  Children. — iVEASO^  . 


Teas:  Messrs.  Beasley.  Be'.deii.  Bell.  Bradley.  Brashear.  Brooks.  Coaxes. 
Corbell,  Cypert,  Dale,  Dnvall.  Evans,  Exon,  Gantt,  Gray  of  Jetferson,  Grey  of 
Phillips.  Harrisop,  Hatfield,  Hawkins,  Hicks,  Hinds.  Hinkle,  Hollis.  Hodges  of 
Pulaski.  Hoo:e.  Honghton,  Hutchinson,  Johnson.  Kyle,  Langley,  3Iallory. 
3Iason.  Matthews.  Misner,  Millsaps,  Montgonieiy,  Mni-phy,  McClure,  Moore. 
Xorman,  Oliver,  Portis,  Pnntney,  Eawlings,  Eector.  Eeynolds.  Eonnsaville, 
.Samuels,  Sarber.  Scott,  Shoppach,  Smith,  Snyder.  Tan  Hook,  TTalker.  T"illiams5 
^h::e,  T'ilson.  TTrigLt.  ^Vyatt,  and  the  President— 61. 

^'ays  :  Messrs.  Merrick  and  Poole— 2. 

So  the  resolution  was  adopted. 
Pending  the  call : 

Mr.  LAXGLEY  asked  to  be  excused  from  voting. 
Mr.  GAXTT.  I  ob^^eet. 

Air.  EAyC-rEEY.  I  would  state  my  reasons.  The  Postmaster  is  an  old 
friend  of  mine ;  and  I  would  regret  to  participate  in  any  action  which 
mis'ht  wound  his  feelings.  [Cries  of   Excuse  him.' "] 

Mr.  GAYTT.  I  obiect. 

Mr.  LAYGEEY.  Aye. 

The  vote  was  then  announced  as  above. 

Mr.  BEOOKS  moved  :ha:  Mr.  Mustain,  Third  Assistant  Doorkeeper, 
be  instructed  to  attend  to  the  mail  matter  of  the  Convention. 

Mr.  CYPERT  moved,  as  an  amendment,  that  the  Pages  might  be  called 
upon  to  assist  in  the  performance  of  the  duty. 

The  question  was  taken  on  the  motion  as  amended:  and  the  motion  was 
agreed  to. 

ILLZGITIMATE  CHILDREN. 

Mr.  MASOY  presented  the  following 

OEDIXAXCZ. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas,  ui  Convention  assemlled : 
That  all  illegitimate  children  shall  inherit  from  the  mother,  and  the  mother 
from  the  children.  They  shall  also  inherit  ti'om  the  father,  whenever  they  shall 
he  recognized  by  him  as  his  children. 

But  such  recognition  must  have  been  general  and  notorious  ;-or.  otherwise,  in 
writing.  If  the  recognition  of  relationship  has  been  mutual,  the  father  may 
inherit  from  his  illegitimate  child;  but  in  such  cases  the  ordinaiy  rule  of  inherit- 
ance shall  be  inverted,  so  that  the  mother  and  her  heirs  shall  take  preference 
of  the  father  and  his  heii's. 

(  539  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Adjournment.— CYPEKT— MOORE— HODGES  of  Pulaski. 


Which  was  read  a  first  time. 

Mr.  HINDS  moved  that  the  Report  be  referred  to  the  Committee  on 
the  Judiciary. 

ADJOURNMENT. 

Mr.  MONTGOMERY  moved  that  the  Convention  adjourn  to  10,  a.m., 
of  Saturday,  February  8th. 

Mr.  CYPERT,  by  consent,  said :  It  is  not  yet  the  regular  hour  of  ad- 
journment; it  is  not  twelve  o'clock.    I  ask  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  af&rmative, — Yeas, 
37,  Nays  26,  as  follows : 

Yeas  :  Messrs.  Belden,  Brooks,  Dale,  Evans,  Gantt,  Gray  of  Jefferson,  Grey 
of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hollis,  Hodges  of 
Pulaski,  Houghton,  Hutchinson,  Johnson,  Langley,  Mallory,  Mason,  Merrick, 
Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Poole,  Eawlings, 
Rector,  Samuels,  Sarber,  Smith,  Snyder,  White,  Williams,  and  Wyatt — 37. 

Nays  :  Messrs.  Beasley,  Bell,  Bradley,  Brashear,  Coates,  Corbell,  Cypert, 
Duvall,  Exon,  Hicks,  Hoge,  Kyle,  Matthews,  Moore,  Norman,  Portis,  Pantney, 
Reynolds,  Rounsaville,  Scott,  Shoppach,  Yan  Hook,  Walker,  Wilson,  Wright, 
and  the  President — 26. 

So  the  motion  was  agreed  to. 

Pending  the  call  of  the  roll  : 

Mr.  MOORE  (when  his  name  was  called)  said  :  In  order  that  I  may  vote 
understandingly,  I  would  like  to  inquire  if  there  is  any  business,  beford 
the  Convention,  that  we  could  dispose  of  to-day,  so  that  we  may  not  be 
spending  the  people's  money  foolishly,  idly,  and  in  "riotous  and  lascivious 
living,"  around  this  town. 

Mr.  HODGES,  of  Pulaski.  I  move  that  a  committee  be  appointed,  to 
keep  the  gentleman  from  living  in  the  manner  specified. 

Mr.  MOORE  [to  Mr.  Hodges.]  I  don't  ask  you  for  any  protection, 

The  PRESIDENT.  Let  the  call  of  the  roll  proceed. 

Mr.  MOORE.  I  vote  No. 

The  vote  was  then  announced  as  above; 

And  thereupon,  at  11.25,  a.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Saturday,  February  8th. 


(  540  ) 


Feb.  7th.]   AEKAX.SAS  COX.STITUTIOXAL  COSYZSTIOS.  [25th  Day. 


Finances  of  the  State.— XALLOEY—GAXTT—CYPERT. 


T      E  X  T  Y-S  I  X  T  H  DAY. 

Saturday.  February  8f/i,  1868. 

Convention  met  at  10,  a.m. 

Prayer  was  ofl'ered  by  the  Chaphiin. 

The  roll  was  called;  and  the  following  members  answered  to  their 
names : 

Messrs.  Beasley.  Belden,  Eelh  Bradley.  Brashear.  Brooks.  Coates.  Corhell. 
Cypert,  Dale,  Dnvall.  Evans.  Exon,  Gantt.  Gray  of  Jefferson.  Grey  of  Phihips. 
Harrison,  Hatfield.  Hawkins.  Hicks.  Hinds.  Hinkle,  HoUis,  Hodges  of  Puhiski, 
Hoge,  Houghton.  Hutchinson.  Johnson.  Kyle.  Langley,  ]\Iallory,  Mason.  Mat- 
thews, Merrick.  Misner.  Millsaps.  Montgomery.  Murphy.  McCown.  McClure, 
Moore,  Norman.  Oliver,  Poole,  Portis,  Priddv.  Puntney.  Eawlings,  Eector. 
Eonnsaville.  Sams.  Samuels,  Sarher.  Scott.  Shoppach.  Sims.  Smith.  Snyder,  Van 
Hook;  Walker.  AVilson.  TThite.  "Williams.  Wright,  Wyatt.  and  the  President. 

Excused  :  Messrs.  Hodges  of  Crittenden,  and  Owen. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names : 

The  Journal  of  the  preceding  day  was  read  and  approved. 

rixAXCES  or  the  state — agaix. 

The  special  order  of  the  day.  being  the  consideration  of  the  Eeport  of 
the  Committee  on  Finance^  etc.,  upon  the  condition  of  tlie  finances  of  the 
State,  being  first  in  order, 

Mr.  MAEEOEY  moved  that  the  Eeport  be  adopted. 

Mr.  GAXTT.  I  would  ask. — which  Eeport?  The  Committee  have 
submitted  a  number. 

The  PRESEDEXT.  That  made  the  special  order  of  the  day  ;— the  Report 
in  answer  to  the  resolution  submitted  by  Mr.  Brooks,  of  Phillips. 

Mr.  CYPERT.  The  one  in  relation  to  the  Real  Estate  Bank,  etc.  ? 

The  PRESEDEXT.  Yes,  sir. 

Mr.  G-AXTT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  CYPERT.  I  desire  to  make  a  few  remarks,  in  regard  to  the  Re- 
port. I  do  not  object  so  materially  to  the  conclusions  arrived  at  by  the 
Committee  :  but  the  verbiage  of  the  Report  I  consider  discourteous  in  the 
extreme.  I  could  not  consent  to  have  it  go  out  to  the  world  that  I  had 
voted  for  the  adoption  of  tlie  language  used,  in  this  Report,  toward  any 
class  of  citizens  of  the  State,  or  of  tlie  Cnited  States.    If  the  facts  are  as 

(  541  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Finances  of  the  State.— HODGES  of  Pulaski— GANTT— BRADLEY— CTPEET. 


stated,  the  parties  would  properly  be  amenable  to  the  courts,  for  the  com- 
mission of  some  of  the  highest  crimes  known  to  the  law.  If  untrue,  the 
Committee  are  liable  to  prosecution  for  libel.  I  do  not  wish  to  place 
myself  upon  the  record,  here,  as  voting  to  say  that  individuals  in  the  State 
of  Arkansas  have  committed  robbery,  or  constitute  a  body  of  thieves.  If 
I  were  a  juryman,  and  the  proof  sustained  the  accusation,  I  should  of 
course  say  so;  but  as  an  individual,  and  as  a  member  of  this  Convention, 
I  am  not  permitted  to  say  so.  If  I  were  to  say  so,  I  am  amenable  to  the 
laws  of  the  country,  if  I  could  not,  in  a  prosecution  for  slander  or  libel, 
sustain  the  truth  of  the  allegation.  I  cannot,  then,  in  the  absence  of  proof  ' 
of  the  facts  stated  in  the  Heport,  vote  for  the  adoption  of  any  such  report. 
It  charges  parties  with  robbery,  with  being  thieves,  with  adopting  plans, 
in  the  conduct  of  the  finances  of  the  country,  known  only  to  thieves  and 
robbers.  I  wish  to  know  if  there  is  any  gentleman  here  who  desires  to 
place  himself  upon  the  record  as  asserting  the  truth  of  such  statements, 
when  he  may  be  held,  before  the  courts  of  the  country,  to  the  proof.  For 
I  do  not  hesitate  to  say  that  were  I  one  of  the  citizens  referred  to,  I  would 
hold  that  Committee  responsible,  before  the  courts  of  the  country,  for  a 
libel.  

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order.  I  wish  to  know 
whether  members  of  this  body  are  responsible,  outside  this  body,  for  their 
acts  here  ? 

Mr.  CYPERT.  Of  course  they  are. 

Mr.  GANTT  [in  his  seat.']  Unquestionably. 

Mr.  BRADLEY  [in  his  seaf]  Certainly  they  are. 

Mr.  HODGES.  I  understand  that  for  what  they  may  here  say,  members 
are  not  elsewhere  to  be  questioned. 

Mr.  BRADLEY  [in  his  seat.']  We  take  a  different  view,  on  this  side  of 
the  house. 

Mr.  CYPERT.  I  await  the  decision  of  the  Chair,  on  the  point  of  order 
raised. 

The  PRESIDENT.  The  gentleman  from  White  [Mr.  Cypert]  can  pro- 
ceed with  his  remarks. 

Mr.  CYPERT.  Whatever  is  published  of  an  individual,  whether  by  a 
corporate  body  or  by  an  individual,  or  by  a  Committee, — if  it  be  false  and 
libellous,  the  parties  giving  it  publicity  are  responsible  before  the  law.  I 
say,  then,  the  Report  is  a  public  document,  and  goes  before  the  world  as 
a  public  statement,  respecting  citizens  of  the  State  of  Arkansas.  I  say 
it  is  libellous ;  and  that  the  party  publishing  it  to  the  world  is  answerable 
to  these  individuals,  and  can  be  prosecuted,  for  the  libel,  before  a  court  of 
justice.  I  say,  then,  I  am  not  willing,  in  the  absence  of  proof,  to  vote 
that  these  statements  are  true.  If  true,  and  proven  before  a  court  of  jus- 
tice, I  should  cer.tainly,  were  I  a  juryman,  pronounce  the  parties  accused, 
(  542  ) 


Feb.  8th.]  AEKA^^SAS  CO^^STITUTIOlSrAL  COXYENTIOK.  [26th  Day. 


Finances  of  the  State.— McCLUKE—MOOEE. 


to  be  guilty  of  crime.  But  when  they  are  not  so  proven  by  any  testimony 
before  this  body,  and  the  statements  are  merely  those  of  a  number  of 
individuals  styling  themselves  a  committee  for  investigation,  and  unsub- 
stantiated by  proof,  I  cannot  vote  for  them.  I  will  not  pronounce  any  of 
my  fellow-citizens  guilty  of  such  crimes  as  are  charged  against  these  per- 
8^3ns,  unless  I  shall  have  proof  of  the  truth  of  the  charges;  and  then  I  am 
not  permitted  so  to  pronounce  them,  unless  as  a  juryman. 
I  do  not  wish  to  say  anything  further. 

Mr.  McCLUEE.  The  Committee  are  aware  of  their  legal  responsi- 
bility, and  have  made  these  statements  in  the  entire  conviction  that  they 
can  substantiate,  by  ample  proof,  everything  charged  in  the  Report.  The 
history  and  condition  of  this  State  may  be  proved  like  the  Common 
Law — the  custom  of  the  country  proves  it.  It  requires  no  individual 
proof,  to  substantiate  these  statements.  They  are  statements  of  facts  noto- 
rious,— apparent  to  every  man. 

I  observe  that,  in  this  Convention,  every  reference  to  these  and  some 
kindred  facts  seems  to  touch  upon  a  tender  spot,  with  some  individuals ; 
and  every  time  we  touch  the  tender  spot,  it  winces.  I  say,  sir,  that  no 
State  in  the  Union  ever  permitted,  that  the  citizens  of  no  State  were  ever 
subjected  to,  such  debauchery  and  corruption,  on  the  part  of  its  public 
officials,  as  the  State  of  Arkansas.  So  far  as  the  State  is  concerned,  she 
stands  unparelleled  in  the  history  of  crime ;  and  if  this  Report  touches  a* 
tender  spot,  it  is  only  because  it  reflects  upon,  and  may  expose,  those  who 
were  engaged  in  such  transactions. 

Mr.  MOORE.  When  the  report  of  this  Committee  was  laid  upon  my 
desk,  this  morning,  and  after  I  had  read  it  over,  I  could  but  look  upon  it 
as  a  monstrous  document.  It  was  astonishing,  to  me,  that  the  Committee 
on  Finance  should  have  made  such  a  wonderful  discovery,  a  discovery 
which,  if  true  as  set  forth,  ought  to  consign  the  whole  State  of  Arkansas 
to  the  Penitentiary.  It  revealed  to  me  a  state  of  facts  of  which  I  had  no 
knowledge  before.  I  had  not  supposed,  I  had  not  believed,  that  I  lived 
amid  a  band  of  robbers  and  thieves.  I  had  not  believed  that  my  lot  had 
been  cast  in  a  State  where  all  the  great  men,  all  the  leading  men,  of  the 
State,  were  banded  together  for  the  purpose  of  robbery  and  theft.  I  do 
not  believe  it  to-day. 

But  if  I  was  surprised  when  I  read  these  charges,  I  am  yet  more  aston- 
ished when  the  learned  gentleman  from  Arkansas  [Mr.  McClureJ  rises 
here  to  say  that  they  need  no  proof!  I  must  believe,  from  his  declaration, 
then,  that  he  is  willing  and  disposed  to  take  the  bare  assertion,  or  vague 
report,  for  positive  and  incontestable  proof,  even  to  condemn  parties  to 
the  Penitentiary,  for  felony.  If  that  is  to  be  the  kind  of  law  that  is  to  be 
inaugurated  in  our  State,  I  say,  for  the  sake  of  high  Heaven,  let  me  leave 
the  State,  and  find  a  country  where  there  are  some  honest  men.  For 

(  543  ) 


1868.] 


DEBATES  Al^D  PEOCEEDINGS  OF  THE  [Saturday, 


Finances  of  tlie  State.— MOORE. 


does  the  country  show  any  better  men,  to-da}^,  than  were  here  before? 
Do  the  more  recent  developments  of  our  history  promise  any  better  state 
of  honesty  and  moral  rectitude  than  was  displayed  by  the  residents  of 
Arkansas  heretofore  ?  Are  the  characters  of  those  who  were  to  the  manor 
born,  to  be  thus  impugned  without  any  shadow  of  proof?  Are  they,  without 
a  particle  of  testimony,  to  be  held  up,  not  only  before  us  and  before  this 
country,  but  before  the  civilized  world,  as  a  parcel  of  thieves  and  robbers, 
and  no  means  allowed  them  of  vindicating  their  reputation  for  honesty 
and  integrity?  I  hope  this  Convention  will  spurn  this  paper  from  its 
presence.  They  talk  of  the  public  debt  that  has  been  heaped  upon  Arkan- 
sas. Great  G-od  !  if  we  take  up  the  history  of  all  the  States,  if  we  take  up 
the  history  of  the  United  States,  for  the  last  four  year's,  what  an  immense 
debt  do  we  see  has  been  heaped  upon  this  country — and  by  what  party? 
By  what  class  of  legislation  ?  Then  in  what  comparison  does  Arkansas 
stand  with  that  ?  Sir,  it  was  the  party  now  in  power,  that  engulphed  the 
United  States  in  debt ;  and,  to-day,  if  the  whole  landed  estate  of  the  coun- 
try were  sold,  the  proceeds  would  not  pay  the  interest  on  that  debt  for 
one  year.  Yet  gentlemen  tell  us,  upon  this  floor,  that  all  Arkansas  was 
made  up  of  robbers  and  thieves,  before  the  war ;  and  that  the  only  means 
for  payment  of  this  debt  was  to  inaugurate  secession.  Sir,  what  is  the 
meaning  of  that  statement?  It  is  simply  a  taunt  and  a  jeer  at  Arkansas. 
'Who  pays  the  taxes  of  Arkansas  ?  Go,  look  up  your  records — go  to  the 
Auditor's  office,  and  investigate  the  taxes  of  the  present  year;  and  find 
who  pays  the  taxes  of  Arkansas,  who  supports  the  State  Government  of 
Arkansas.  Does  the  money  come  from  those  who  are  striving  to  wield 
the  power,  to  grasp  the  reins  of  government,  in  the  State  ?  Sir,  the  facts 
stand  out  in  bold  relief;  and  every  one  that  has  an  eye  to  see  and  an  ear 
to  hear,  can  know  them  by  applying  at  the  State  Auditor's  office.  And 
in  the  light  of  these  facts  all  the  more  did  these  charges  strike  me  as  mon- 
strous, as  wonderful — exceedingly  wonderful.  When  I  first  read  them  I 
was  shocked — I  shuddered — I  felt  inclined  to  regret  that  my  lot  had  ever 
been  cast  in  this  country ;  for  had  I  come  here  to-day  and  found  such  a  state 
of  things  in  truth  to  exist,  and  had  had  a  thousand  dollars  in  my  pocket,  I 
would  have  ''got  out  of"  here,  as  rapidly  as  possible.  Would  you  feel  safe, 
Mr.  President,  if  Arkansas  were  composed  of  a  set  of  thieves  and  rob- 
bers, organized  for  the  purpose  of  plunder  ?  Would  you  feel  safe  among 
such  people  ?  Are  our  Executive  officers  safe,  is  our  treasury  safe,  is  any- 
body safe,  when  they  are  surrounded  by  such  a  band  of  miscreants  ?  I 
imagine  that  no  gentleman  upon  this  floor,  that  no  sane  man,  would  con- 
sider himself  secure  in  Arkansas,  if  he  would  read  this  Report,  and  give 
credit  to  its  statements. 

I  suppose  the  gentleman  looked  at  only  one  side  of  the  question.  I 
cannot  suppose  that  the  Committee  made  a  thorough  investigation  ot 

(  544  ) 


Feb.  8tb.]  AEKAXSAS  COXSTITUTIOXAL  COXYENTIOX.  [26tli  Day. 


Finances  of  the  State.— McCLTJEE—:y:OOEE. 


their  subject.  For  they  were  determined — they  went  into  that  committee- 
room  determined,  beforehand— to  make  just  the  report  they  did  make. 

Mr.  McCLURE.  I  desire  to  correct  the  gentleman  there.  I  happen, 
myself,  to  be  the  Chairman  of  the  Committee ;  and  I  have  to  say  that  the 
gentleman  is  entirely  mistaken  in  his  statement. 

Mr.  MOORE.  I  do  not  know,  Mr.  President,  that  the  members  of  that 
Committee  were  together — I  do  not  know  that  the  Committee  ever  met. 
I  do  not  know  that  a  majority  of  them  were  together  when  this  Report 
was  made.  I  do  not  know  where  it  came  from.  It  may  have  been  con- 
ceived in  the  brain  of  the  Chairman  of  that  Committee,  and  have  come 
forth  from  its  embryonic  state  without  any  other  gentleman  of  the  Commit- 
tee so  much  as  seeing  it:  for  I  understand  from  -a  declaration  made  by  the 
gentleman  himself,  on  the  floor  of  the  Convention,  that  he  considers  the 
Chairman  of  a  Committee  to  be,  ex  officio^  a  majority  of  that  Com^mittee. 

Mr.  McCLURE  [in  his  seat.~\    Iso,  sir;  no  such  thing. 

Mr.  MOORE.  If  that  is  the  case,  then  I  don't  know  whether  the  Com- 
mittee has  reported  upon  this  subject,  or  not.  I  don't  know  whether  any- 
body has  reported,  except  the  Chairman.  I  do  not  care,  however,  if  the 
whole  Committee  had  reported.  I  should  exceedingly  regret  to  send  to 
the  country  my  endorsement  of  this  statement ;  for  I  should  thus  endorse 
the  proposition  that  Arkansas  has  but  a  very  few  honest  men  within  her 
borders,  and  that  they  have  not  been  here  long.  Sir,  I  do  not  believe  it-! 
I  do  not  believe  the  gentleman  believed  it.  I  do  not  believe  that  when  he 
penned  that  document,  he  thought  all  Arkansas  was  composed  of  thieves 
and  robbers.  If  so,  might  I  not  well  ask  him  this  question :  Do  you 
think  you  can  stand  your  hand  with  such  a  pack  of  thieves  and  robbers  ? 
Do  you  think  you  can  become  their  co-equal?  Do  you  think  you  can 
compete  with  them  in  a  race  for  theft  and  robbery?  Do  you  think  you 
have  studied  the  art  and  science  of  robbery,  theft,  and  rapine,  sufficiently, 
to  be  able  to  cope  with  the  citizens  of  Arkansas  ?  If  not,  then  you  would 
do  well  to  flee  to  the  banks  of  the  Ohio.  I  say  the  gentleman  does  not 
believe  this  statement.  If  he  is  the  same  gentleman  I  imagine  him  to  be, 
he  is  an  aspirant  to  the  highest  judicial  office  of  the  State.  And  if  he  is 
an  intelligent,  sane  man,  learned  in  the  law,  he  cannot  believe  the  state- 
ment which  he  has  presented  to  the  Convention;  for  no  sane  man  would, 
deliberately,  with  the  world  before  him,  settle  among  such  a  people  as  he 
represents  us  to  be.  Xo  sane  man  would  be  willing  to  rear  his  children 
in  a  land  where  the  pirate  would  be  esteemed  a  better  man  than  the  best 
citizen  in  the  land.  I  say  the  gentleman  did  not  believe  the  statement 
when  he  penned  it;  for  if  he  did,  he  is  not  a  flt  person  for  the  high  office 
to  which  he  to-day  aspires.  He  has  children ;  he  has  a  life  of  his  own  to 
live;  he  proposes  to  become  a  citizen  here — if  he  can  get  to  be  a  Supreme 
Judge;  and  he  proposes  to  settle  here,  and  devote  himself  to  the  adjudica- 

35  (  545  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Saturday, 


Finances  of  the  State.— MOOKE— BEADLE  Y. 


tion  of  the  rights  of  thieves  and  robbers  !  G-reat  Heaven !  if  this  is  the  i 
ease,  and  he  succeeds  in  getting  upon  the  bench,  the  last  one  of  us  will 
be  in  the  Penitentiary  I  [Laughter.]  The  last  one  of  the  old  citizens  of  |l 
Arkansas  will  be  incarcerated  in  the  Penitentiary;  and  the  ConventioD  j 
v^ill  not  get  to  see  them  all  in  a  week,  if  Mr.  PIodges  invites  us  up  to  visit  | 
the  institution.  [Renewed  laughter.] 

Mr.  BRADLEY  [m  his  seaf]    They  can't  believe  it ! 

Mr.  MOORE.  IjTo,  sir;  th^y  do  not  believe  it,  though  thej^  preach  it  to  i 
doomsday.    There  is  another  purpose  in  all  this.    There  is  a  power  be-  | 
hind  the  throne,  that  induces  this  Report.    It  is  patent  to  any  man  who  |' 
will  reflect  for  a  moment.    It  is  a  scheme  attempted  to  be  carried  out  at  I 
the  expense  of  the  people  of  Arkansas.  The  plan  is,  to  divest  of  influence  I 
and  power  all  who  are  capable  of  administering  the  affairs  of  the  State, 
and  to  import  men  learned  in  honesty  and  integrity,  profoundly  skilled  I 
in  the  science  of  right,  men  who  have  traversed  the  paths  of  virtue  and  l| 
probity,  all  their  lives,  to  administer  those  affairs,  for  the  good  of  these 
poor  devils  who  have  been  all  their  lives  engaged  in  robbing  the  State!  ! 
I  rejoice,  for  myself,  that  I  live  close  to  the  line  of  honest  Louisiana, 
where  I  can  escape  out  of  this  thievish  country — slip  over  the  line  without 
delay  or  inconvenience,  and  divorce  myself  forever  from  this  community  j 
of  robbers,  thieves,  and  murderers!    Everything  that  has  been  done  since 
1836,  when  Arkansas  was  inducted  into  the  Union,  under  a  constitution  \ 
then  "republican  in  form,"  has,  according  to  the  Report  of  the  learned  | 
Chairman  of  the  Committee  on  Finance,  been  part  of  a  system  of  theft  j 
and  robbery.    If  that  is  the  case,  Arkansas  ought  not  to  be  permitted  to  ,! 
come  back  into  the  Union.    Her  union  with  the  great  family  of  thirty-six  ' 
States,  would  be  an  insult  to  the  American  flag.    The  star  that  indicates  ■ 
her  place  in  the  constellation  of  the  Union,  ought  to  be  blotted  from  the 
banner.    I  say,  it  is  an  insult  to  the  country,  to  propose  the  admission  of 
a  State  that  contains  such  a  band  of  thieves  and  robbers.    They  ought  to 
be  arrested  and  hung;  and  after  that  was  done  we  would  no  longer  have 
the  requisite  population  for  a  State.    We  ought  to  remain  in  our  Terri- 
torial condition !    We  ought  to  be  taken  under  the  protection  of  some 
other  and  honest  power. 

Mr.  President,  I  desire  to  say,  in  this  connection,  that  I  love  the  Union 
— the  N'ation — the  Covernment  of  the  United  States.  I  do  not  love  it 
with  that  affectionate  devotion  with  which  a  lovesick  swain  adores  his 
beloved;  but  I  do  love  republican  institutions.  I  do  love  a  government 
"  republican  in  form."  Were  your  Governors,  your  Auditors,  your 
Treasurers,  all  thieves  and  robbers  ?  Is  your  Governor,  to-day,  a  thief 
and  a  robber?  He  surely  has  not  looked  to  this  matter.  Pie  has  endeav- 
ored to  carry  on  the  government  of  the  State  just  as  it  was  begun  in  '36 ; 
and  he  flnds  himself,  in  consequence,  classed  with  thieves  and  robbers. 
(  546  ) 


Peb.  5th.]   AEKAXSAS  CO^'STITrilOXAL  COXVEXTIOy.  [26th  Day. 


Finances  c::he  S:a:e.  —  V[OOEE— HODGES  o:  P:;:a5k:. 


Sir.  this  is  a  monstrous  doctrine.  I  do  hope  that  wlien  gentlemen  come 
to  open  their  eyes  upon  the  subject,  when  they  see  the  documents  that  are 
promulgated  to  the  country,  without  a  shadow,  without  a  scintilla  of  proof, 
and  publishing  to  the  world  such  a  deplorable  condition  of  a  State  which 
manv  of  us  desire  to  claim,  with  affection  and  pride,  as  the  great  State  of 
Arkansas. — I  do  hope  that  gentlemen  will  well  weigh  the  sanction  which 
they  may  give  to  such  statements,  by  their  votes.  If  I  thought  the  proof 
of  these  statements  could  be  adduced.  I  would  say.  let  us  have  instituted 
here  one  great  tribunal  of  criminal  justice — let  us  have  the  biggest  grand 
jurv  that  ever  was  impanelled,  for  the  indictment  of  the  whole  people  of 
the  State.  

HODGES,  of  Pulaski.  I  wish  to  ask  the  gentleman  if  he  did  not  act 
as  a  witness,  a  little,  for  that  grand  jury — if  he  did  not.  a  few  years  ago, 
in  Ashley  County,  make  statements  that  the  ••Bob  Johnson  Party  ''  were 
thieves  and  robbers. 

Mr.  MOORE.  I  answer,  emphatically,  Zs  o.  I  never  made  a  speech  for 
"Bob  .Johnson,"  in  my  life.    I  wish  to  keep  a  reputation,  in  Arkansas. 

Mr.  HODGES,  of  Pulaski.  The  gentleman  misunderstands  my  question, 
I  said. — against  the  "Bob  Johnson  Party.'' 

Mr.  MlxjPvE.  I  never  made  a  speech  for  or  against  that  party. 

Mr.  Hl>I»GES.  of  Pulaski.  I  am  so  informed. 

Mr.  MOOEE.  Then  your  informant  tells  you  something  that  is  not  true. 
I  never  saw  '-Bob  Johnson,'"  nntil  1863  or  '4.  I  came  here  only  on  the 
24th  of  October.  1S60 — not  supposing,  I  may  say,  that  I  was  coming  to  a 
uest  of  thieves  and  robbers,  and  if  the  people  of  the  country  turn  out  to 
be  such,  I  shall  leave  it  again,  li  our  lauds  are  to  be  sold  out.  as  this  nice 
and  beautiful  -  Investigating  Committee  reports  to  this  body,  and  we 
can  get  a  set  of  honest  men  to  come  here  aud  buy  them,  I  may  stay.  But 
I  want  to  kuow  that  they  are  at  least  as  honest  as  I  am.  I  don't  want,  when 
I  ride  out  in  the  country,  to  be  robbed — for  if  a  man  will  rob  the  State,  he 
will  rob  an  individual.  If  a  man  will  steal  money,  he  will  steal  it  any- 
where he  can  get  his  hands  upon  it. 

I  had  hoped  that  the  gentleman  who  asks  the  adoption  of  this  Report, 
would,  at  least,  have  declined  to  vote  for  its  adoption,  as  it  is,  in  point  of 
fact,  simply  ridiculous.  It  is  a  burning  shame  to  the  country,  to  send  out 
such  a  monstrous  production.  I  repeat  the  expression  of  my  hope,  that 
gentlemen  will  reflect  well  before  they  commit  themselves  to  its  sanction. 
If  they  are  going  to  stay  in  Arkansas,  if  they  are  going  to  become  identihed 
with  us,  for  God's  sake  let  us  wipe  out  the  past,  and  do  our  present  and 
pressing  duty  I 

But,  sir,  the  course  of  procedure  which  we  seem  to  be  adopting,  is  a 
ridiculous  thing  in  another  aspect.  It  is  assuming  that  we  have  the  power, 
in  Arkansas  at  least,  if  not  ''all  power  in  heaven  and  on  earth,"'"  to  un- 

(  547  ) 


1868.] 


DEBATES  AISTD  PEOCEEDINGS  OF  THE 


[Saturday, 


Finances  of  the  State.— MOOKE—BEOOKS. 


make  men — that  we  can  divest  them  of  their  vested  rights, — that  we  can  I 
administer  on  their  estates, — that  we  can  sell  them  out, — that  a  man  can  Ij 
be  a  living,  walking  individual,  and  yet  be  dead  to  the  law.    The  records  || 
say  he  is  dead ;  and  records  cannot  lie.    Sir,  we  are  taking  upon  our 
shoulders  a  little  more  than  we  have  undertaken  to  do.    We  did  not  come 
here  to  investigate  matters  of  that  sort.   We  did  not  come  here  to  impugn  | 
the  motives  and  characters  of  old  citizens  of  Arkansas.    We  did  not  come  | 
here  to  slander  the  whole  State.    We  were  called  together  for  another 
purpose,  and  under  peculiar  and  extraordinary  circumstances.    In  the  ten 
Southern  States  in  which  conventions  have  been  called,  those  bodies  have 
assembled  under  circumstances  different  from  those  under  which  such 
conventions  have  ever  assembled  before.    They  had  a  peculiar  duty,  and 
only  a  certain  and  peculiar  duty,  to  perform.    But  this  Convention  assumes 
to  have  the  power  to  do  more  than  any  other, — more  than  the  Congress 
of  the  United  States  thought  proper  to  invest  them  with.    This  Conven-  ' 
tion  is  assuming  the  right  to  legislate  for  the  people  of  Arkansas;  whereas, 
Congress  has  given  them  no  such  power.    Gentlemen  have  sworn,  as  mem-  i 
bers  of  this  Convention,  to  support  the  Constitution  of  the  United  States. 
Are  ive  doing  ihis,  when  we  are  travelling  outside  the  law  under  which 
we-  are  convened  ?    I  ask  gentlemen,  in  all  good  conscience,  to  reflect  ' 
upon  the  solemn  oath  they  have  taken.    I  ask  them  to  come  up  and  put 
their  shoulders  to  the  wheel,  and  do  their  whole  duty.    Do  not  transcend  I 
the  powers  conferred  upon  us  by  the  Act  which  called  us  into  being.   Let  ; 
us  attend  to  our  legitimate  business,  leave  this  matter  where  it  properly 
belongs,  and  vote  down  the  motion  for  the  adoption  of  this  Report.  ' 

Mr.  BROOKS.  I  do  not  wish  to  appear  in  vindication  of  the  Committee ; 
that,  in  my  opinion,  is  wholly  unnecessary.    I  do  not  wish  unnecessarily  ! 
to  consume  the  time  of  the  Convention.    I  desire  simply  to  call  attention 
to  one  or  two  points  in  the  remarks  of  the  gentleman  on  the  other  side  of 
the  hall  [Mr.  Moore.] 

I  will  say,  in  confirmation  of  the  statement  of  the  Chairman  of  the  Com- 
mittee on  Finance  [Mr.  McClure],  that,  so  far  forth  as  my  information 
extends,  upon  the  subject  embraced  in  this  Report,  neither  the  Chairman 
nor  any  of  the  members  of  the  Committee,  nor  any  member  of  the  Con- 
vention, had  any  knowledge  or  idea  of  the  presentation  of  such  a  resolu- 
tion as  that  ofi:ered  by  myself  upon  the  subject  of  the  finances  of  the  State, 
until  I  rose  in  my  seat  and  presented  it  to  the  Convention.  I  can  say,  ! 
certainly,  it  never  was  the  subject  of  conversation  between  myself  and  any 
gentleman  connected  with  the  Convention,  or  any  citizen,  or  other  person, 
within  the  boundaries  of  the  State,  after  my  appearance  here.  I  regret, 
sir,  the  necessity  which  exists,  of  very  briefly  calling  attention  to  the  fact, 
that  it  were  better,  perhaps,  if  honorable  gentleman  desiring  to  contest 
this  question,  instead  of  employing  time  in  denunciation  of  the  Committee, 
(  548  )  . 


Feb.  Sth.]   AEKAXSAS  COySTIirTIOXAL  COyVEXTIOX-.  [26tli  Day. 


Finarxces  of  the  State.— BEOOKS. 


and  the  frieird?  of  investigation,  and  financial  integrity,  would  omit  tlieir 
denunciations  and  long-winded  speeches,  and  grapple  the  facts  and  figures 
of  the  financial  history,  and  of  the  official  management  of  the  financial  in- 
terests, of  the  State  of  Arkansas — I  will  not  say  of  thirty  years,  but  of  the 
past  ten  years,  for  example.  The  restriction  to  that  period  will  enable  the 
matter  to  be  more  easily  reached — it  will  require  less  efibrt  to  unfold, 
analyze,  and  present  to  the  public,  the  financial  management  of  the  State, 
by  those  who  have  been  in  authority  for  the  spiace  of  ten  years,  dating 
backward  from  the  organization  of  the  present  Provisional  G-overnrnent. 
^hy  not.  instead  of  trying  to  draw  the  attention  of  the  Converition.  and 
of  the  country,  to  a  simple  sentence  here,  which  is  only  the  expression  of 
a  conclusion  drawn,  or  the  presentation  of  a  refiection.  merely,  of  the 
Committee,  based  upon  the  facts  and  figures  of  the  financial  history  of  the 
State  during  the  period  to  which  I  have  referred. — why  not  take  up  these 
latter,  and  show  us  where  the  Committee  are  in  error,  in  alleging  that  the 
system  of  finance  during  that  period  has  been  one  known  only  to  thieves 
and  robbers  ?  I  do  not  come  forward  to  say  that  that  remark  is  justified 
—I  have  not  myself  investigated  the  matter.  We  asked  the  Committee  to 
investigate  it.  They  have  presented  us.  here,  partial  results  of  their  labors 
— labors  of  necessity  very  lurief  and  imperfect.  I  must  say  that  I  regard 
tliese  figures  as  far  more  formidable — and  if  I  may  quote  the  phrase  of 
the  gentleman  on  the  other  side. — far  more  monstrous,  than  the  refiections 
of  the  Committee,  based  upon  them.  The  monstrosity  of  the  case  is  not 
in  the  passing  remarks  of  the  Committee,  but  in  the  facts  and  figures,  in 
the  corruption,  in  the  peculation,  of  the  financial  officials  of  the  State,  for 
ten  years,  embracing  the  period  of  the  rebellion  and  dating  backward 
from  its  close.  And  if  gentlemen  are  anxious  to  exculpate  those  who  are 
charged  with  want  of  integrity  in  the  management  of  the  public  funds,  as 
here  set  forth,  let  them  take  up  the  financial  history  of  the  State,  and  give 
it  to  us  more  perfectly.  I  know  nothing  of  the  previous  opinions  or  course 
of  the  gentleman.  I  simply  say  there  ere  honorable  gentlemen,  and  some 
of  them  in  this  chamber,  too,  who  did,  in  days  gone  by.  unless  history 
belies  them  most  egregiously,  use  language,  with  regard  to  the  financial 
history  of  the  State,  as  vindictive,  as  sweeping,  as  that  implied  in  the  Ee- 
port  which  has  been  submitted  to  this  Convention. 

A  laborious  efibrt  is  made,  here,  to  represent  that  certain  parts  of  this 
Eeport,  and  some  remarks  of  honorable  members  of  this  body,  are  de- 
signed as  charges,  loosely  made,  against  the  people  of  Arkansas.  Of 
course,  these  representations  are  made  for  efiect  upon  the  public  mind, 
only;  it  surely  is  not  presumed  that  by  such  a  course  of  remark  any  im- 
pression can  be  produced  upon  the  minds  of  the  gentlemen  who  comprise 
this  Convention,  familiar  as  they  are  with  the  public  history,  and  with  the 
subject  of  the  past  financial  management  of  the  State.  They  are  made  solely 

(  54^  ) 


1868.] 


DEBATES  A^D  PEOCEED^GS  OF  THE 


[Saturday, 


Finances  of  the  State.— BROOKS— BEADLEY. 


for  consumption  outside  this  hall.  And  so  we  have  gentlemefi  here  cham- 
pioning the  cause  of  the  people  of  Arkansas,  and  laboring  to  produce  the 
impression  that  the  masses  of  the  people  are  charged,  in  this  Eeport,  with 
being  thieves  and  robbers.  I  have  to  say,  sir,  that  I  do  not  so  understand. 
Mr.  BRADLEY  [in  his  seat.']  I  do. 

Mr.  B'EOOKS.  I  have  not  so  understood  gentlemen  in  any  quarter  of 
this  hall,  in  the  remarks  which  have  been  made.  It  is  simply  alleged,  in 
substance,  that  the  system  of  financial  management  with  respect  to  the 
School  Fund,  and  other  funds  of  the  State,  embracing  that  of  the  public 
lands  donated  for  the  purposes  of  internal  improvement,  et  ccetera,  for  a 
space  of  fifteen  years,  beginning  prior  to  the  rebellion  and  embracing  the 
period  of  its  duration,  was  a  corrupt  system.  It  is  intended  to  show  that 
the  financial  course  pursued,  during  that  period,  on  the  part  of  those  who 
labored  to  carry  the  State  beyond  the  domination  of  the  Federal  Govern- 
ment, and  to  crush  out  the  Union  men  of  Arkansas,  was  corrupt,  and 
was  such  as  would  properly  entitle  individuals,  in  private  life,  to  be  char- 
acterized as  thieves  and  robbers.  I  can  say,  on  behalf  of  a  po^tion,  at 
least,  of  the  people  of  Arkansas,  that  it  is  not  designed  to  make  this  a 
sweeping  charge — that  no  such  accusation  is  preferred,  no  such  view  enter- 
tained ;  but  that  it  is  simply  meant  to  show  that  the  official  handling  of  the 
funds  of  the  State,  during  the  years  referred  to,  was  not  characterized  by 
integrity,  public  virtue,  and  fidelity  to  the  public  interests  and  financial 
welfare  of  the  State.  And  if  that  be  true,  sir,  do  not  rest  the  responsi- 
bility of  these  charges  exclusively  upon  those  who  have  recently  become 
citizens  of  this  State ; — for  I  can  say,  that  the  most  sweeping  accusations 
I  have  ever  heard  made  upon  the  State,  have  been  made,  and  brought  home 
by  facts  and  figures,  to  the  ofiicials  of  this  State,  by  men  who  have  been 
quite  as  long  residents  of  this  State,  as  those  honorable  gentlemen  on  the 
other  side  of  the  hall,  who  have  made  these  remarks  this  morning. 

We  also,  if  we  were  disposed  to  deal  in  exclamations,  might  express 
astonishment  that  gentlemen,  in  attacking  this  Report,  have  asked  the 
question,  who — what  party — brought  upon  the  State  of  Arkansas,  and 
upon  the  country  at  large,  the  enormous  national  debt  that  is  now  weigh- 
ing so  heavily  upon  the  American  people?  Were  it  admissible  here,  sir, 
to  employ  the  name  of  Deity  so  frequently  as  has  been  done  upon  the 
opposite  side,  we,  too,  might  say, — Great  God  !  that  a  man  has  the  brass- 
not  the  copper,  merely,  sir — not  the  copper  head  and  copper  face  alone, 
but  the  brass, — to  stand  up  in  this  hall  and  ask  what  party  precipitated  this 
debt  upon  the  country — what  portion  of  the  people  desolated  the  land. 
Who  drenched  it  in  blood?  Who  desolated  these  homes?  Who  destroyed 
this  property,  public  and  private.  Who  burned  railroad  bridges  ?  Who 
consumed  the  heart,  who  ate  out  the  vitals,  of  the  material  interests  of 
this  country  ?  Was  it  the  Union  men  of  Arkansas  ?  Are  ihei/  the  party 
(  5^0  ) 


Feb.  8th.]  AEKAISTSAS  COl^STITUTIONAL  CONVENTION.  [26th  Day. 


Finances  of  the  State.— BROOKS. 


chargeable  with  all  this  ruin — new  citizens  or  old  citizens,  "carpet-sack 
men,"  or  ''brush-breakers" — are  they  the  men  who  precipitated  this  con- 
dition of  affairs?  Sir,  on  the  only  occasion  when  ihQ  jpeo]ple  of  Arkansas 
were  permitted  to  vote,  either  directly  or  indirectly,  upon  the  question  of 
the  secession  of  the  State,  with  all  its  consequences  of  war,  of  blood  and 
desolation,  what  was  their  vote?  By  a  majority  of  more  than  eleven 
thousand,  they  declared  against  secession,  and  against  war,  and  ruin,  and 
national  debt.  And  had  that  question  been  finally  submitted  to  the  de- 
cision of  the  vote  of  the  people  of  Arkansas, — without  the  "  carpet-sack 
men"  that  are  here  to-day  to  sustain  and  co-operate  with  the  other  Union 
men  of  the  State  in  restoring  the  peace  and  prosperity  of  the  country, — 
even  without  our  aid,  the  State  would  never,  upon  a  submission  of  the 
Ordinance  of  Secession  for  the  popular  ratification,  have  been  carried  out 
of  the  Union.  The  people  were  not  allowed  to  vote  upon  the  subject. 
Men  elected  by  Union  votes,  sent  to  this  capital  with  instructions  to  resist 
the  passage  of  the  Ordinance  of  Secession,  to  the  last,  came  here,  and, 
through  some  influence, — let  the  world  judge  what, — betrayed  their  con- 
stituency and  the  country,  and  united  with  the  Secessionists  in  voting  for 
that  Ordinance,  which  they  did  not  dare  submit  to  the  people.  Then 
came  war;  and  desolation  followed  in  its  track.  And  now  we  hear 
the  responsibility  of  all  this  charged  upon  us,  by  men  who  assisted 
in  instigating  the  firing  on  the  flag  at  Fort  Sumter,  and  who,  indeed, 
according  to  the  statements,  not  of  Republicans,  not  of  the  "  Radi- 
cals," but  of  their  own  men  in  their  State  Conventions,  of  their  own 
representatives  in  Congress,  of  their  own  United  States  Senators,  had 
been  preparing  the  way  for  secession,  had  been  engaged  in  this  con- 
spiracy against  the  country  and  its  flag,  against  freedom,  against  the 
Union  men  of  the  South,  the  peace  of  the  nation,  and  the  civilization  of 
the  world,  in  a  series  of  labors  dating  back  for  thirty  years.  NTow,  when 
they  have  at  length  reached  the  culmination  of  their  eflbrts,  when,  by 
inflammatory  speeches  upon  the  floor  of  Congress,  by  all  the  chicanery 
they  could  bring  to  bear  upon  the  country  for  the  purpose  of  firing  the 
Southern  heart,  they  have  finally  succeeded  in  precipitating  war,  in  deso- 
lating the  land,  in  drenching  it  in  blood,  in  impoverishing  these  Union 
men,  as  well  as  themselves,  they  come  here  and  ask  "  what  party  created 
the  National  debt,"  bemoan  their  cruel  condition,  in  having  to  pay  such 
heavy  taxes,  and  inquire  who  has  defrayed  the  taxation  of  the  State ! 
Well,  sir,  we  are  perfectly  willing  that  they  shall  go  and  examine  the  tax- 
books;  and  I  undertake  to  say,  that  in  a  number  of  sections  of  the  State 
(I  merely  make  the  remark,  in  passing,  in  answer  to  the  gentleman  from 
Ashley),  our  tax-rolls  will  compare  with  the  gentleman's — if  they  do  not, 
we  will  take  our  hats  and  carpet-sacks,  and  respectfully  retire.  "  If  we 
propose  to  become  identified  with  the  people  of  Arkansas  !  "    We  are  iden- 

(  551  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Finances  of  the  State.— BKOOKS. 


tifiecl,  sir,  with  the  interests  of  tlie  State,  and  with  the  Union  men  of  the 
State.  But  identified, — politically,  I  mean,  not  personally,  or  socially — to 
introduce  political  feeling  into  those  relations  of  life  is  in  conflict  with  our 
teachings,  our  principles  and  our  practices, — to  be  identified  politically 
with  the  men  wdio  have  precipitated  this  war,  and  carried  the  State  out  of 
the  Union  ? — no,  sir !  by  the  help  of  Almighty  God,  we  never  will  be,  no 
matter  what  consequences  may  come !  We  stand  by  the  men  that  stood 
by  the  country, — we  stand  by  the  men  that  stood  by  the  fiag.  We  vindicate 
the  rights  and  interests  of  the  people  that  were  down-trodden  and  oppressed 
by  the  process  of  secession  in  Arkansas, — men  that  were  overridden  by  the 
military  despotism  of  secession.  Those  are  the  men  with  whom,  politically, 
we  are  identified  in  Arkansas,  and  propose  to  remain  identified.  We 
claim,  sir,  that  the  majority  of  the  citizens  of  Arkansas,  at  the  time  of 
secession,  were  for  the  Union.  Whether  at  the  present  time  a  majority, 
white  and  black,  all  put  together,  is  for  the  Union,  for  the  recovery  of  the 
State  from  its  condition  of  bankruptcy  and  almost  hopeless  degradation 
and  ruin, — whether  we  have  a  majority  in  favor  of  the  restoration  of  civil 
government,  and  the  rescue  of  Arkansas  from  this  slough  and  slum  of 
despotism  and  ruin,  financially  as  well  as  otherwise,  is  a  question  still  to 
be  determined.  We  are  not  afraid,  sir,  to  submit  our  work  to  the  people 
of  Arkansas,  in  Ashley  or  anywhere  else.  And  we  are  not  afraid  that  this 
document  shall  go  out ;  and  if  the  gentleman  desires  it,  probably  we  will 
furnish  him  his  saddle-bags  full  of  copies,  as  he  doesn't  use  a  carpet-sack 
[Laughter],  and  he  may  distribute  them  all  over  Ashle3^ 

We  charge  that  there  has  been  unparalleled  corruption,  on  the  part  of 
these  vultures,  if  I  may  so  express  myself,  that  have  preyed  upon  the  State 
of  Arkansas.  We  do  not  allege  that  that  honorable  gentleman,  or  his 
constituents,  or  the  people  of  Arkansas,  as  a  body,  managed  these  banks, 
or  controlled  the  finances  of  the  State.  We  make  no  such  allegation. 
We  simply  allege  that  there  has  been  a  want  of  financial  fidelity  to  the 
interests  of  the  State ;  and  if  that  charge  be  not  sustained  by  these  figures, 
and  others  that  can,  and  in  due  time  will,  be  produced,  and  exhibited  to 
the  people,  then  we  shall  admit  that  we  have  been  mistaken,  and  that  our 
charges  are  not  well  founded;  and,  when  thus  convinced,  if  we  ever  shall 
become  convinced,  that  such  is  indeed  the  case,  we  will  make  the  honorable 
acknowledgments  necessary  among  gentlemen,  in  expiation  of  our  error. 
We  have,  to-day,  no  such  acknowledgments  to  make.  If  the  honorable 
gentleman,  and  all  the  Opposition,  wish  to  go  before  the  people  of  Ar- 
kansas, and  attempt  a  vindication  of  the  financial  management  of  the  State 
during  the  period  we  have  specified,  we  accept  the  issue.  Let  them  go 
to  the  people;  to  the  people,  we  also,  appeal:  let  them  answ^er  the  ques- 
tion whether  they  wish  to  foot  these  bills,  and  make  up  these  deficiencies, 
incurred  by  the  class  of  men  alluded  to  in  this  Keport — whether  they 
(  552  ) 


Prb.  Sih.]   AEKA^'SAS  COySTIirTIOXAL  COyVEyTIO^'.  [iZ6ili  Day- 


Finances  of  the  State.— EEuuKS—BEADLET. 


TvaDt  to  pay  for  secession,  and  meet  the  rel:>el  war-clebr  of  Arkansas,  as 
well  as  help  to  pay  the  debr  incurred  by  tlie  G-overnment  in  the  suppres- 
sion of  the  rebellion.  If  gentlemen  wish  to  vindicate,  financially  as  well 
as  politically,  the  dynasty  that  brotight  this  debt  upon  the  State,  we  have 
no  objection  whatever.  I  think  it  bad  tactics,  sir.  I  must  say  that  were 
I  on  the  opposite  side  of  this  question,  politically,  I  should  greatly  prefer 
to  have  that  stable  as  nearly  closed  as  possible,  lest  it  be  cleaned  out  when 
thorou2:hly  investigated.  But  if  they  persist  in  an  attempt  at  raising  polit- 
ical revenue  out  of  the  financial  management  of  the  State  heretofore,  as  set 
forth  in  this  Eeport,  we  bid  them  ail  good  speed  in  the  enterprise,  and  hope 
they  will  have  a  good  time  in  its  exectition.  [Laughter.]  As  to  whether 
the  Eepublican  Party  in  Arkansas,  or  elsewhere — tlie  I'nion  Party — the 
Union  men  of  Arkansas, — precipitated  the  national  debt,  and  brought  this 
condition  of  financial  ruin  upon  the  State,  let  the  people  themselves 
answer.  ^Ve  have  not  so  tmderstood  it.  li  the  people  decide  that  those 
are  the  responsible  parties,  that  aided,  abetted,  and  sustained  the  corrup- 
tion, the  peculation,  the  dissolute  courses,  that  brought  about  the  financial 
desolation  of  the  State,  or  if  these  gentlemen  here  now  want  to  assume 
this  load  and  attempt  to  carry  it. — if  they  now.  at  this  late  period,  desire 
to  come  to  the  rescue  and  do  up  the  dirty  work  of  the  old,  defunct  dynasty 
of  secession,  rebellion,  and  civil  war.  I  welcome  them  to  the  task,  give 
them  good  cheer  of  their  new  afiiiiations.  and  hope  they  will  have  a 
happy  honeymoon  !    [Laughter  and  applause.] 

Mr.  BRADLEY.  I  will  detain  the  Convention  but  a  few  moments.  I 
would  remark  at  the  outset,  that  the  financial  history  of  Arkansas  has 
not  been,  during  the  twenty  years  for  which  I  have  been  a  citizen  of 
the  State,  all  that  could  have  been  desired.  I  regret,  exceedingly,  that 
there  has  not  been  greater  financial  success,  in  the  State,  than  there  has 
been.  AYe  have  done  but  little.  In  our  thirty-two  years  of  existence  as  a 
State,  we  have  certainly  not  kept  pace  with  the  improvements  of  the  age. 
All  this  I  am  willing  to  admit.  I  have  never  felt  a  disposition  to  justify 
everything  that  has  been  done  in  the  State.  But  it  does  seem  to  me.  sir. 
that  the  truth  generally  lies  between  the  two  extremes  :  and  I  always  think 
it  safe  to  be  moderate.  I  am  wiUiug,  also,  to  admit  that  it  might  have 
been  more  pertinent  for  gentlemen  upon  this  side  of  the  house,  to  have 
discussed,  directly,  the  merits  of  the  question,  than  to  have  indulged  in  so 
much  personality.  It  seems  to  me,  however,  at  the  same  time,  that  it 
might  have  been  well  ibr  the  Committee  to  have  discussed  the  question  pre- 
sented for  their  consideration,  in  a  more  moderate  and  respectful  manner. 
Aud  it  occurs  to  my  mind,  that  it  would  not  have  been  presuming  too 
much  upon  the  intelligence  of  Arkansas,  had  they  contented  themselves 
^th.  setting  forth  the  facts,  and  leaving  it  to  our  judgment,  when  we 
should  read  the  Report,  to  determine  whether  or  not  the  people  of  the 


1868.] 


DEBATES  AND  PEOCEEDHSTGS  OF  THE  [Saturday, 


Finances  of  the  State.— BRADLEY. 


State  have  shown  themselves  to  be  a  band  of  thieves  and  robbers."  Bat, 
sir,  not  satisfied  with  this,  they  must  inform  us  that  the  people  with  whom 
we  have  lived  for  all  these  years,  have  been  a  band  of  thieves  and  robbers, 
and  we  didn't  kno^v  it.  Thank  you,  gentlemen,  for  the  intelligence  !  It 
occurs  to  my  mind  that  when  a  man  thinks  that  he  is  advocating  a  just 
cause,  and  that  there  is  merit  surcharging  the  cause  which  he  espouses, 
he  is  willing  and  content  to  set  forth  the  facts,  and  let  intelligent  people 
judge  for  themselves  of  the  conclusions  to  be  drawn  from  those  statements. 

The  gentleman  [Mr.  Brooks]  says  that  we  labor,  on  this  side  of  the 
house,  to  lug  in,  under  the  charges  of  this  Report,  the  whole  people  of  the 
State.  No,  sir;  they  are  lugged  in  already.  When  you  say  that  the  whole 
people  of  the  State,  for  thirty-two  years,  have  elected,  and  re-elected,  to 
office,  men  that  were  thieves  and  robbers,  and  who  stole,  session  after 
session,  and  term  after  term,  I  challenge  you  to  deny  that  you  have  charged 
the  common  people,  at  the  ballot-box,  with  theft  and  robbery,  in  repeatedly 
elevating  these  men  to  office  and  power.  And  they  will  appreciate  the 
compliment  which  these  gentlemen  pay  them, — obtuse  and  stupid  as  the 
masses  of  Arkansas  are  !  Sir,  there  is  a  brilliant  intellect,  that  is  foand 
in  the  mountain  gorge,  or  in  the  valley  low,  or  in  the  desert  w^aste.  And 
the  unlettered  boy,  whose  eyes  sparkle  with  the  native  genius  that  God 
Himself  has  poured  into  his  brain,  can  read  the  truth,  as  the  great 
theatre  of  the  w^orld  passes  it  in  review  before  him,  Avithout  his  being 
carried  to  Ohio  and  'New  England,  and  to  all  your  learned  institutions,  in 
order  to  enable  him  to  understand  practical,  common-sense  facts.  You 
can't  humbug  the  people  of  Arkansas.  There  is  more  native  powder,  there 
is  more  gigantic  intellect,  in  this  nest  of  "  thieves  and  robbers,"  than  you 
can  boast  in  the  region  that  borders  the  waters  beyond  the  Mississippi. 
They  came  here  thirty-six  years  ago, — left  their  fathers  and  their  mothers, 
and  all  the  comforts  of  home,  to  settle  these  Western  wilds; — these  men 
that  have  grasped  the  helm  of  government,  and  have  guided  the  ship  of 
state  through  sea  and  storm,  are  the  intellects  who  have  deserted  their 
Eastern  homes,  to  cast  their  fortunes  with  those  of  Arkansas.  Go  back  to 
those  older  States,  to-day ;  and  on  the  Sabbath  go  to  the  church.  Let 
your  eyes  scan  the  crowd.  See  the  old  veterans,  that  came  there  in  early 
days — their  noses  like  skillet-handles,  their  chins  like  pan-handles,  their 
heads  like  sugar-loaves!  [Laughter.]  See  your  young  men  who  have 
been  raised  on  the  pap  supplied  them  by  their  Pa  and  Ma, — with  their 
puny  frames  and  smooth  faces  and  sleek  heads — no  intelligence,  no  energy  I 
And  when  we  have  come  here  and  cut  the  roads,  and  built  the  bridges 
that  you  burned  when  you  came,  when  we  have  built  cities  and  towns, 
when  we  have  established  civil  institutions  and  State  government,  when 
we  have  taken  the  Arkansas  toothpick  and  driven  it  into  the  earth, — then 
you  come  here  and  tell  us  that  we  are  a  herd  of  thieves  and  robbers !  I 
(  554  ) 


Feb.  Sth,]   AEKAXSAS  CO^'STITUTIOXAL  COXTEXTIOX.  [26rh  Day. 


Finances  of  the  State.— BEADLE Y— HODGES  of  Pulaski. 


could  take  it  much  better  from  some  other  men.  I  remember  an  incident 
that  took  phice  at  Paraclifta.  

Air.  HOI)GES.  of  Piihiski.  I  Avoiild  like  to  ask  the  gentleman  a  ques- 
tion.    T\'bo  burned  the  only  railroad  bridge  in  the  State  of  Arkansas? 

Air.  BEADLE  Y.  I  don't  know  anything  about  the  burning  of  bridges. 
I  have  passed  that.    [Laughter  from  the  right.] 

Mr.  HODGES.  I  would  like  to  ask  the  gentleman  another  question. 
Has  he  ever  attended  church  in  the  Xorthern  States  ? 

Mr.  BEAJDLEA'.  I  am  telling  an  anecdote.  I  remember  that,  one  day. 
at  ParacHfta.  I  happened  to  look  cut  upon  the  street,  and  saw  two  very 
drunken  men.    Presently,  one  of  them  stas^o-ered  up  to  the  other,  and. 

taking  him  by  the  arm.  addressed  him  thus:  --Look  here,  you  d  d 

drunken  scoundrel,  you  !  you  go  home  to  your  wife  !  you're  drunk  !  you 
oughtn't  to  be  here  in  town  I  know  I'm  drunk.'"  returned  the  lirst : 

''but  another  d  d  drunken  thief  shan't  tell  me  of  it !'''"  and  with  that 

he  pitched  into  him.  [Loud  laughter.]  I  want  when  I  hear  these  denun- 
ciations, to  cpjote  Paul,  and  say :  Thou  that  preachest  a  man  should  not 
steal;  dost  thou  steal  ?'-'  I  know  that  Arkansas  has  not  dealt  with  its 
financial  matters  as  it  might  have  done:  but  0  my  God!  when  the  pic- 
ture of  the  actions  of  this  Convention,  and  of  the  stupendous  propositions 
which  it  has  entertained,  is  brought  in  the  comparison.  I  see  the  financial 
career  of  thirty-six  years  blush  and  hide,  and  dwindle  into  insignificance! 
[Laughter,  and  applause  from  the  left.]  Memorials  to  appropriate  Hot 
Springs  !  and  other  enterprises  that  I  might  refer  to. — and  the  gerryman- 
dering projects  that  propose  to  destroy  a  repi^esentative  system  of  govern- 
ment.— and  efibu'ts  made  to  smuggle  and  smother  the  Alinority  Report, 
are  among  a  few  of  their  acts  that  ought  to  make  devils  blush.  TJ'.ey 
talk  about  theft  and  robbery  in  Arkansas  ! 

I  have  been  here  for  twenty  years:  and  the  people  have  not  stolen  anything 
I  had.  I  came  here  on  foot,  vuth  81.40  in  my  pocket,  and  a  pair  of  saddle- 
bags on  my  shoulders.  I  have  revisited  my  native  State,  and  have  met  a 
hearty  welcome ;  and  were  I  to  go  back  to-day.  to  that  deserted  land  over 
which  the  besom  of  destruction  has  swept  hke  a  storm.  I  believe  the  people 
would  be  glail  to  see  me.  But  I  am  a  citizen,  and  a  friend,  of  Arkansas — 
with  all  her  faults,  I  love  her  people  still.  They  may  have  seceded,  and, 
in  so  doing  have  done  wronoy:  they  may  have  fouaLt  upon  the  wrong'  side 
of  the  question;  but  God  in  heaven,  upun  His  throne,  bears  witness  to 
the  sincerity  of  their  intentions,  wrong  though  they  may  have  been  in 
choosing  their  side.  TTe  do  not  intend  to  rob  this  country.  AVe  want  to 
establish  a  system  of  finance,  here, — to  use  the  gentleman's  own  lan- 
guage,— that  will  redeem,  and,  in  point  of  financial  health,  elevate  her, 
and  place  her  higher  than  ever.  But.  0.  the  prospect  I  The  cloud  that 
rises  in  the  AVest  is  dark,  and  the  Eastern  horizon  promises  nothing. 

(  555  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Saturday, 


finances  of  the  State.— BRADLEY— HODGES  of  Pulaski. 


When  I  look  out  upon  the  sea  on  which  we  are  laanchmg,  when  I  con- 
template the  boisterous  billows  over  which  you  propose  to  drive  the  ship 
of  state,  I  read  nothing  but  shipwreck,  and  devastation,  and  ruin.  But,  if 
on  board  a  ship,  in  a  storm,  and  a  piratical  commander  and  crew  should 
seize  the  ship's  company,  I  would  risk  my  chances  by  jumping  overboard, 
and  fighting  with  wind  and  wave,  alone,  risking  the  hopes  of  my  cause  in 
the  providence  of  God,  rather  than  sell  out  to  the  piratical  commander 
and  crew  of  a  vessel.  I  am  a  citizen  of  Arkansas,  with  a  wife  and  six 
children ;  and  I  am  interested  in  the  success  of  this  country.  I  cannot  back 
out  of  it.  I  am  a  tax-payer  on  six  thousand  acres  of  land,  situated  in  three 
diflerent  counties  of  this  State.  I  came  here  with  nothing;  I  have  in- 
herited nothing ;  I  have  w^Yjught  out  for  myself  all  that  I  have  and  all 
that  I  am.  My  bone  and  muscle  has  been  spent  upon  the  soil  of  this  my 
adopted  State,  has  scaled  every  hill  and  mountain,  and  battled  with  the 
waves  of  every  stream,  within  her  borders;  and  I  am  to-day  but  the  wreck 
of  the  man  who  once  came  to  the  State  of  Arkansas  and  drove  his  Jacob's 
staif  into  the  soil.  I  am  here;  and,  let  the  question  end  as  it  may,  I  can- 
not leave;  I  must  stay  here;  and  it  is  the  interest  I  feel  in  these  issues 
before  the  country,  that  induces  me  to  stand  here  and  expose  my  igno- 
rance, speaking  as  I  do  to-day. 

But,  sir,  I  scorn,  with  indignation  and  contempt,  in  the  Report  of  this 
beautiful  Committee  or  elsewhere,  any  insinuation  upon  the  honor,  the 
intelligence,  the  integrity,  of  the  people  who  live — who  have  lived — in 
the  State  of  Arkansas.  Ah,  sirs!  what  citizen  of  Arkansas  feels  other 
emotion  than  that  of  pride,  in  recalling  the  name  that  is  found  first 
upon  the  annals  of  your  Supreme  Bench  [turning  to  Judge  E,ingo,  who 
stood  in  the  lobby],  or  of  the  present  occupants,  or  of  all  the  intermediate 
list  of  its  honored  Judges  ?  But  ah  !  that  bench  in  the  future  !  when  I 
gaze  upon  its  prospects,  I  blush  !  VYhen  I  see  that  audacity  that  does  not 
hesitate  to  come  forward,  and  denounce  the  judicial  proceedings  of  the 
State  for  thirty-two  years,  I  ask, — Modesty,  modesty  !  art  thou  banished  ? 
hast  thou  left  the  land?  art  thou  a  spectator  in  the  Convention  hall? — 
Echo  answers,  IsTo  !  [Laughter.]  I  like  to  see  things  done  modestly.  In 
the  name  of  Heaven,  in  the  name  of  your  own  honor  and  integrity  [turn- 
ing to  the  right  of  the  hall],  if  you  will  not  take  the  rebuke  which  that 
Minority  Report  upon  the  Penitentiar}^  gives  you,  I  give  you  up  as  hope- 
less, and- as  gone  cases!  [Laughter  and  applause  on  the  left.]  For  God's 
sake  be  more  modest  and  more  respectful,  and  show  that  your  strength 
lies  in  the  force  of  facts,  and  not  in  your  terms  and  expressions.  You 
cannot  make  me,  you  cannot  make  Arkansas,  a  thief,  by  saying  so.  Law- 
yers rise  and  argue  cases  for  hours;  but  you  do  not  expect  that  the  lawyer 
who  argues  the  case  will  give  the  verdict.  

Mr.  HODGES,  of  Pulaski.  Did  not  the  gentleman  state,  upon  the  floor, 
(  556  ) 


Teh.  Stb.]  AEKAXSAS  COXSTITrTIOXAL  COXTEyTIOX.  [26tli  Day, 
Finances  of  the  State.— HODGES  of  Pulaski— BEADLEY—BEOOKS. 


that  if  the  Confederate  Government  had  taken  his  advice,  they  would 
have  stolen  another  Xorthern  steamboat  ? 

Mr.  BRADLEY.  Yes :  I  said  that  Governor  Eector  and  the  Conven- 
tion had  acted  very  foolishly  :  that  if  they  had  taken  my  advice  they  would 
have  been  a  steamboat  better  off. 

Eat  what  tigure  does  that  cut  in  the  case?  If  such  taunts  as  that  are 
taken  for  argument.  

Mr.  HODGES,  of  Pulaski.  It  was  a  suggestion  that  came  to  my  mind, — 
hearing  so  much  said  about  . 

Mr.  BEAE)LEY.  I  would  hate  to  be  responsible  for  all  the  suggestions 
that  come  to  your  mind  !  [Laughter.] 

I  restmie  my  proper  course  of  remark.  I  had  spoken  of  the  character 
of  the  people  of  Arkansas,  and  of  the  scorn  with  which  I  meet  all  such  im- 
putations upon  their  honor.  Sir,  I  have  travelled  over  the  northern  moun- 
tains of  Arkansas  :  I  know  her  people — the  most  generous,  hospitable, 
noble-hearted,  warm-hearted  people  I  ever  saw  in  any  country  lived  within 
her  borders,  twenty  years  ago,  and  live  here  to-day.  Society  has  been 
slightly  adulterated.  I  confess  :  but  we  cannot  help  that.  [Laughter.] 

"We  are  told,  sir,  in  this  Eeport.  that  the  system  of  financiering  pursued 
in  this  State  has  been  one  that  could  be  known  only  to  thieves  and  rob- 
bers.'* Well,  it  never  was  known  until  that  Committee  found  it  out. 
That  is  all  I  have  to  say  on  that  point.  [Laughter.] 

I  have  almost  given  up  my  hopes  for  this  country.  As  I  have  sat  here 
and  listened  to  the  debates  and  witnessed  the  proceedings,  I  have  some- 
times been  ready  to  go  by  the  waters  edge — my  friend  Gaxtt  is  missing — 
as  the  Gazette  said  of  him,  I  have  telt  like  exclaiming,  Oh  that  my  head 
were  waters,  and  mine  eyes  a  fountain  of  tears,  that  I  might  weep  day 
and  night  for  the  slain  of  the  daughter  of  my  people 

Mr.  BEOOKS.  Who  slew  them?  As  the  gentleman  is  going  to  weep 
for  the  slain.  I  would  ask  him.  who  slew  them?  

Mr.  BRADLEY.  They  were  slain  by  the  instrument  that  the  Philistines 
fell  by.  [Great  laughter.]  And,  sir,  their  ranks  to-day,  are  falling  as  the 
weapon  sweeps. 

Sir.  I  want  respectable  action.  I  want  decency  observed — '-let  all 
things  be  done  decently  and  in  order,'"  and  ''let  us  have  charity  one  for 
another."  I  am  a  sort  of  apostatized  minister  of  the  Gospel  [Laughter], 
and  expected  to  have  been  reinstated  by  the  association  of  the  gentleman 
from  Phillips  [Mr.  Brooks.]  But  the  way  he  gnashes  his  teeth,  does  not 
harmonize  with  the  thirteenth  chapter  of  Corinthians.  [Renewed  laugh- 
ter.] It  does  not  manifest  the  same  charity  that,  Paul  says,  suflereth 
long,  and  is  kind,  envieth  not,  vaunteth  not  itself,  is  not  puffed  up,  doth 
not  behave  itself  unseemly,  seeketh  not  her  own,  is  not  easily  provoked, 
thinketh  no  evil ;  rejoiceth  not  in  iniquity,  but  rejoiceth  in  the  truth.'* 


1868.] 


DEBATES  AN^  PEOCEEDIJSTGS  OF  THE  [Saturday, 


Finances  of  the  State.— BEADLEY. 


O,  sir,  give  us  that  charity  !  it  will  overspread  the  foibles  of  our  enemies; 
it  will  not  insult,  before  the  world,  the  misfortunes  of  a  few  honest  men, 
who  thought  the}^  had  a  right  to  vindicate  their  manhood,  and  fight  for 
their  hearthstones,  their  wives,  and  their  children.  If  they  were  wrong, 
they  were  honest  in  their  wrong;  and  charity  bids  us  spread  a  mantle  over 
their  foibles,  and  rejoice  not  in  iniquity,^'  but  in  the  truth.  "  Let  each 
esteem  other  better  than  themselves."  "Be  kindly  affectioned  one  to 
another  with  brotherly  love;  in  honor  preferring  one  another;  not  slothful 
in  business;  fervent  in  spirit;  serving  the  Lord."  When  the  Chaplain 
prayed,  this  morning,  that  everything  be  done  according  to  the  will  of 
God,  I  entered  a  long  Amen,  that  I  hope  went  to  heaven.  [Laughter.] 

In  the  first  speech  I  made  here,— for  which  I  have  been  hung  and 
burned  in  effigy,  almost, — I  said  that  I  stood  in  this  Convention  like  a 
witness  on  the  stand, — that  I  was  neither  a  liepublican  nor  a  Democrat; 
and  I  was  taken  up,  because  I  had  not  prostrated  my  sacred  position, 
assumed  under  oath,  and  become  a  Republican,  and  a  Radical,  upon  this 
floor.  If  I  were  a  witness  in  a  case  where  my  brother  was  involved,  I 
would  not  be  a  brother  of  the  defendant  in  that  case, — I  would  be  a  witness 
under  oath.  [Applause  from  the  left.]  If  you  intend  to  do  what  is  right, 
while  here  under  an  oath  which  binds  you  truly  to  represent  your  con- 
stituents, and  to  do  your  unbiassed  duty  to  your  State  and  your  country, 
you  are  not  to  know  your  brother  in  the  flesh,  any  more  than  does  the 
judge  upon  the  bench.  If  you  do,  you  are  recreant  to  the  trust  the  people 
have  reposed  in  you,  and  belie  your  position  before  the  civilized  world. 
Sir,  let  us  not  legislate  for  party.  When  the  question  comes  up  for  decis- 
ion, to  save  the  party  or  the  country,  I  would  send  the  party  to  hell,  if 
necessary,  to  save  the  country  and  save  my  people.  My  affections  are 
with  them.  I  never  can  occupy  my  seat  quietly,  when  the  least  insinua- 
tion or  reflection  comes,  from  strange  lips,  upon  "the  slain  of  the  daughter 
of  my  people." 

Let  me  inform  you,  sir,  that  at  the  coming  day  the  prophet  may  shake 
his  rod  over  the  valley  of  dry  bones,  may  yet  say  to  these  dry  bones,  live. 
And  a  voice  from  the  North, — from  Ohio  and  Connecticut,  from  Pennsyl- 
vania and  'New  York, — may  come  rushing  like  the  peals  of  thunder,  and 
say,  "  Son  of  man,  can  these  bones  live?"  And  the  dry  bones  shall  stand 
forth,  and  be  covered  with  flesh,  and  shall  breathe  and  speak!  I  antici- 
pate, sir,  that  these  extreme  measures,  this  radical  policy,  shall  arouse  a 
feeling  of  sympathy,  in  the  i^orth,  for  people  of  their  own  race,  flesh  of 
their  flesh,  and  bone  of  their  bone,  that  shall  come  to  our  rescue;  and  that, 
in  the  morning  of  the  resurrection  of  the  just,  Arkansas — thievish  Arkan- 
sas, robbing  Arkansas — will  rise  and  come  forth,  clothed  with  the  garment 
of  righteousness, — when  she  shall  have  been  purged  and  purified  from  the 
political  invaders  who  have  desecrated  the  State,  and  poured  infamy  and 
(  558  ) 


Feb.  8th.]  AEKAXSAS  COXSTITriTOXAL  COXVEXTIOX.  [26tli  Day. 


Finances  of  the  State.— BRADLEY— KYLE. 


condemnatiou  on  her  own  citizens,  her  sons  and  her  daughters.  I  tell 
von,  sir.  that  when  you  slur  the  women  of  Arkansas,  when  you  slur  their 
sous,  when  you  insinuate  and  reflect  upon  their  husbands  and  fathers,  you 
insult  HeaYcn — there  is  a  recording  angel  that  frowns  and  writes,  and 
writes  and  frowns:  and  you  will  remember,  when  you  come  to  judgment, 
that  Scripture  which  says:  All  things  whatsoever  that  ye  Y^ould  that  men 
should  do  to  you,  do  ye  eYen  so  to  them:  for  this  is  the  law  and  the  pro- 
phets.'" I  say  I  cannot  sit  still  and  hear  these  things,  and  be  silent.  I  do 
not  think  there  is  silence  in  heaven,  this  morning,  about  them.  [Some 
lauo'hter  on  the  right.]  Xo,  sir  I  the  guardian  angel  that  hoYers  over  the 
graves  of  the  sacred  dead,  Y'hose  ashes  are  slandered  and  insulted  with 
baseless  and  foul  insinuations,  carries  back  the  tidings  to  the  upper  skies, 
and  proclaims  that  darkness  still  pervades  the  deep,  and  sinners  inhabit 
the  earth!  [General  laughter.]  But  Arkansas  is  destined  to  rise  superior 
to  her  misfortunes.  She  will  oust  the  Radical  wing.  She  is  destined,  sir, 
to  another  and  a  more  glorious  career.  God  has  intended  it.  He  has 
filled  her  bowels  with  boundless  wealth  :  He  has  striped  her  with  rivers  ; 
He  will  check  her  with  railroads  :  and  He  has  peopled  her  with  noble 
spirits,  who  will  represent  and  vindicate  her  honor,  her  integrity,  and  her 
intelligence.  And  if  strangers,  and  pilgrims,  and  aliens,  that  know  not 
God  and  obey  not  His  Gospel,  shall  desecrate  her  soil,  shall  insult  her  sons 
and  daughters,  her  legitimate  children,  I  believe  that  in  the  resurrection 
of  the  just  she  shall  yet  reassert  herself,  and  stand  forth,  purged  of  their 
slanders,  a  brilliant  and  honored  bride. 

[Tu  JTr.  Hodges,  of  Pida.ski.~\  Anything  more  "suggested''  to  yoti 
about  that  steamboat?  You  have  had  it  up,  now,  three  times — have  it  up 
ao:ain. — 

Well,  if  the  gentleman  has  no  more  to  offer  upon  that  subject,  I  will 
close  by  saying  that  I  hope  this  is  the  last  time  such  a  report  as  this  will 
be  brought  in  here.  [To  the  Chxarraan  of  the  Conimittee  on  Finaiice.']  For 
Heaven's  sake,  never  bring  in  one,  if  you  can't  make  it  a  better  report — let 
Mason,  and  TThite  of  Phillips,  make  it  out  for  you  !  [Laughter.]  They 
can  do  it — they  have  displayed  statesmanship,  they  have  displayed  dignity, 
they  have  shown  a  promptitude,  in  that  Minority  Eeport  on  the  Peni- 
tentiary, that  commends  them  to  all  good  men.  And  if  they  had  had  the 
subject  of  finance  under  consideration,  I  believe  we  would  have  had  a 
report  which  would  not  have  consumed  all  this  morning  in  discussion.  I 
say  that,  with  all  due  respect. 

Mr.  KYXE.  I  haYe  listened  to  the  very  able  and  warm  speeches  we 
have  had  from  the  two  clerical  o^entlemen  who  have  last  addressed  the 
Convention  [Messrs.  Brooks  and  Bradley]  [Laughter] :  and  I  think  it 
might  haYe  been  well  for  them  to  have  called  for  mourners  [Eenewed 
laughter.]  

(  559  ) 


1868.]  DEBATES  A^B  PEOCEEDmGS  OF  THE  [Saturday, 


rinances  of  the  State.— KYLE. 


Mr.  BRADLEY  [in  his  seat.~\  I  will  call  yet,  if  you  say  so. 
Mr.  KYLE.  I  think  we  would  have  had  a  happy  time,  sir !  [Fresh 
laughter.] 

I  do  not  intend  to  enter  into  any  elaborate  discussion  of  this  Report. 
But  whilst  I  do  not  endorse  the  strong  language  used  by  the  Committee, 
I  must  be  permitted  to  say  that  unless  the  people  of  Arkansas — and  I  have 
had  my  residence  among  them  for  ten  years,  and  know  that  thei/  have  had 
nothing  to  do  with  the  direct  management  of  the  finances  of  the  State, 
but,  unfortunately,  committed  that  management  to  the  hands  of  political 
tricksters — unless  the  people  belie  the  records  of  the  country,  there  has 
been  an  unwarrantable,  an  utterly  indefensible  misapplication  of  the  pub- 
lic funds.  That  fact  cannot  be  denied.  Where  is  the  magnificent  School- 
Fund,  that  this  State  ought  to  have  had  to-day,  for  the  education  of  the 
poor  and  unfortunate  children  of  the  country  ?  Where  is  it  ?  And  by 
whose  management  has  it  been  squandered,  till  now,  as  the  Report  states, 
it  is  gone  ?  I  hold  that  the  conclusions,  at  which  the  Committee  have 
arrived,  are  true  ;  though,  whilst  endorsing  the  truthfulness  of  t?ie  Report, 
I  do  not  endorse  the  strong  language  they  have  used,  in  characterizing 
these  parties  as  thieves  and  robbers.  I  have  no  knowledge  that  they  were 
such.  But,  as  I  before  remarked,  unless  history  is  greatly  mistaken  and 
belied,  there  was  a  party  that  controlled  the  destinies  of  this  country  from 
1836,  when  the  beautiful,  young,  and  growing  State  of  Arkansas  was 
admitted  into  the  Union  of  States — there  was  then,  and  there  has  contina- 
ously  existed  since,  a  party,  ruling  the  destinies  of  this  State,  that  has 
finally  succeeded  in  utterly  squandering  its  means,  and  engulphing  it  in 
ruin. 

I  know  and  feel,  Mr.  President,  that  I  must  suffer  disparagement  when 
I  follow  the  distinguished  and  eloquent  gentlemen  from  Bradley  [Mr. 
Bradley]  and  from  Phillips  [Mr.  Brooks.]  But  when  I  am  called  upon 
to  give  my  vote,  I  must  vote  in  accordance  with  my  understanding  of  the 
facts  of  the  case ;  and  I  feel  it  a  duty,  in  this  instance,  to  express  to  the 
Convention  the  grounds  of  my  vote.  I  would  not  have  introduced  this 
subject  before  this  body;  for  I  believe  the  peculiar  business  of  the  Con- 
vention, to  which  its  time  and  labor  should  have  been  devoted,  to  be  the 
framing  of  a  Constitution,  for  submission  to  the  people  of  the  State ;  and 
this  subject  is  one  of  a  legislative  character,  and  properly  belongs  to  the 
Legislature  of  the  State,  for  investigation,  and  publication  of  the  facts 
before  the  people.  But  as  the  matter  has  been  brought  up,  and  the  Re- 
port is  now  before  us,  and  as  I  am  satisfied  that  the  facts  set  forth  in  the 
Report  are  true,  I  must,  as  an  individual  member  of  the  Convention,  take 
my  action  in  accordance  with  that  belief,  notwithstanding  my  opinion 
that  those  facts  might  have  been  set  forth  in  better  selected  language. 

I  asked  what  had  become  of  the  School-Fund?  What  has  become  of 
(  560  ) 


Feb.  8th.]  AEKAXSAS  COXSTITrTIOXAL  COXYE^sTIOX.  [26th  Day. 


Finances  of  the  State.— KYLE— HODGES  of  Pulaski— CTPEET—BEADLET. 


the  Internal  Improvement  Fund  of  tlie  State?  That.  too.  is  gone.  Gone  I 
And,  as  has  been  very  emphatically  inquired,  who  wrought  this  ruin  ? 
AVho  did  it  ?  TThy,  sirs,  the  very  men  who  stood  at  the  head — the  party- 
leaders,  if  you  please — of  the  State  of  Arkansas,  and  who  inaugurated 
this  Bank,  for  which  the  bonds  of  the  State  have  been  issued,  and  the 
money  accruing  from  their  sales  squandered.  They  are  the  parties  re- 
sponsible for  the  misapplication  of  those  funds.  And  who  inaugurated 
the  state  of  things  that  we  have  been  taunted  with  here?  Those  very 
leaders  who  have  always  had  the  control  of  this  State, — who  inaugurated 
secession.  [Applause.]  Sirs,  I  stood  up  and  resisted  secession — as  a 
celebrated  man  once  said,  "  Solitary  and  alone  I  set  the  ball  in  motion" 
— in  Southwestern  Arkansas,  and  battled,  all  over  my  County,  against 
distinguished  men,  and  against  odds  :  and  was  beaten  by  only  some  thirty 
or  forty  votes,  with  all  the  appliances  and  inliuences  brought  to  bear  upon 
the  question.  I  have  suffered  all,  at  the  hands  of  that  party.  I  suffered  a 
loss  of  not  less  .that  ten  thousand  dollars,  by  the  burning  up  of  cotton,  and 
stealing  of  horses  and  mules,  and  pillaging  of  my  house, — trunks  and  all, — 
at  the  hands  of  rebels.  And  now  I  am  told  that  the  party  that  inaugu- 
rated that  state  of  things  in  the  country,  is  to  be  whitewashed,  here,  and 
is  not  to  blame  for  the  squandering  of  the  public  money  I  [Applause.] 

I  am  not  able  to  enter  into  this  discussion  as  I  would  wish.  I  have 
simply  aimed  to  state  my  reasons  for  the  vote  which  I  shall  give.  My  con- 
science will  not  allow  me  to  do  wrong.  In  what  little  I  have  ever  done 
or  said  in  public  life,  humble  and  unpretending  as  it  may  have  been,  I 
would  always  give  a  quietus  to  my  conscience.  I  never  would  suffer 
party,  and  the  affiliations  of  party,  to  govern  me,  and  induce  me  to  do 
what  I  believed  and  knew  to  be  positively  wrong.  AVhether  appropriately 
or  inappropriately  introduced  here,  this  Eeport  has  been  made  :  I  know, 
and  we  all  must  know,  that  the-facts  set  forth  and  the  conclusions  arrived 
at  are  true  :  and,  notwithstanding  that  the  language  employed  is  intem- 
perate, and  I  do  not  endorse  it,  I  must  vote  to  sustain  the  Eeport. 

Mr.  HODGES,  of  Pulaski.  I  remarked  that  I  had  no  speech  to  make ; 
but,  by  consent  of  the  Convention,  I  wish  to  read  from  a  speech  reported 
as  having  been  made  in  the  City  of  Little  Rock,  in  September  last,  by  the 
honorable  gentleman  from  Bradley  [Mr.  Bradley.]  It  is  all  the  speech  I 
wish  to  make  upon  the  subject. 

Mr.  CYPEET.  I  will  just  ask  the  gentleman  if  he  knows  whether  the 
editor  of  the  paper  from  which  he  reads,  was  at  home  when  the  paper  con- 
taining the  report  of  the  speech  was  published.  I  do  not  want  newspaper 
articles  read  here,  unless  the  editor  is  here  to  endorse  them. 

Mr.  BRADLEY.  I  will  simply  call  the  gentleman's  attention  to  the  fact 
that  I  went  to  Mr.  Price  [editor  of  the  Little  Rock  ''Evening  Repub- 
lican ''*]  when  I  came  to  see  the  speech  as  it  appeared  in  the  "Republican," 

36  (  561  ) 


1868.] 


DEBATES  AND  PEOOEEDINGS  OF  THE 


[Saturday, 


Finances  of  the  State.— BEADLEY— HODGES  of  Pulaski— CYPEKT. 


and  told  him  my  speech  had  not  been  correctly  reported.  I  never  signed 
that  speech  as  my  own,  and  never  gave  a  copy  to  the  editor,  for  publica- 
tion. As  an  instance  of  the  errors  contained  in  the  report, — I  had  said 
that  I  was  opposed  to  disfranchising  anybody — that  was  not  published. 
Again,  I  was  represented  as  saying  that  this  Repubhcan  Party  was  a  great 
party,  because  its  principles  made  it  great.  I  said  nothing,  whatever,  of  j 
that  kind.  I  told  the  editor,  the  speech,  as  published,  looked  more  like  a 
Hard-Shell  Baptist  sermon,  than  a  speech  of  John  M.  Bradley.  I  deny  i 
the  right  of  the  gentleman  to  read  the  report,  upon  this  floor.  i 

Mr.  HODGES.  I  beg  leave  to  read  a  few  remarks,  from  that  speech,  i 
[Cries,  on  the  right,  of  "  Leave  ;"  on  the  left,  cries  of    Object."]  : 

The  PRESIDENT.  'No  leave  is  necessary.  There  is  no  reason  why  the  i 
gentleman  should  not  proceed,  if  he  desires. 

Mr.  HODGES.  I  would  like  to  call  on  Mr.  Price,  to  state  to  the  Conven- 
tion whether  or  not  that  is  a  correct  report.  i 

Mr.  BRADLEY.  He  is  an  interested  party,  and  therefore  not  a  com-  i 
petent  witness.    I  have  charged  him  with  misrepresentation.  I: 

Mr.  C  YPERT.  I  rise  to  a  point  of  order.    This  cannot  be  pertinent  to 
the  question,  I  respectfully  submit.  | 

Mr.  HODGES.  It  is  pertinent  to  the  question — it  is  immediately  upon  li 
the  question.    I  could  never  make  a  more  pertinent  speech,  in  my  life. 

The  PRESIDE^sTT.  The  gentleman  from  Pulaski  [Mr.  Hodges]  will  | 
proceed.  It  cannot  be  determined  whether  it  is  pertinent  or  not,  until  it  I 
is  heard.  i, 

Mr.  HODGES  proceeded  to  read,  from  the     Arkansas  Weekly  Re-  I! 
publican,"  of  September  25th,  1867,  the  following  extracts  from  a  report 
presenting  a  ''.synopsis  of  Col.  J.  M.  Bradley's  speech  at  the  State  House." 

"  We  are,  to-day,  my  friends,  surrounded  by  many  political  difficulties,  charge- 
able to  ourselves  as  a  people  and  State.    In  1860  no  people  on  the  face  of  God's 
green  earth  were  enjoying  greater  prosperity,  or  a  more  profound  peace,  than 
the  citizens  of  this  State.    Not  content  with  this,  but  chafing  under  imaginary  j; 
wrongs,  and  the  fear  that  our  '  rights  under  the  Constitution  '  might  some 
time  be  interfered  with,  we  sought  to  withdraw  from  a  Government  which,  up  , 
to  that  time,  had  protected  us  in  the  rights  of  property  and  person,  and  had  ! 
ruled  us  with  a  mildness  and  leniency  unjDaralleled  in  the  history  of  any  go\'- 
ernment  under  the  sun.    I  could  enumerate  blessings  showered  upon  the  people 
of  the  South  by  the  United  States  Government,  during  our  existence  as  a  por- 
tion of  the  Union,  and  especially  upon  this  State,  but  deem  it  unnecessary  at 
this  time." 

Again : 

"  Now,  my  friends,  the  great  question  of  all  others,  in  this  campaign,  is, — what 
shall  we  do  ?  There  is  but  one  thing  we  can  do,  and  that  is,  to  reconstruct ;  and 
(  562  )  . 

i 


Feb.  8th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.    [26tli  Day. 


Finances  of  the  State.— HODGES  of  Pulaski— BKADLEY. 


there  is  but  one  way  we  can  do  this. — that  is.  under  the  present  Congressional 
plan,  and  that.  too.  in  a  war  to  assure  Congress,  and  the  loyal  people  of  this 
nation,  that  we  mean  just  what  we  do  and  say.  TVe  must  cast  off  the  old  leaders 
who  ruled  the  State  until  they  plunged  it  into  the  whirlpool  of  secession.  I 
say.  listen  to  their  counsels  no  longer,  but  act  as  your  judgment  dictates.  TTe 
mtist  reconstruct  the  State  ourselves,  and  not  leave  it  to  politicians — especially 
to  those  who  have  reduced  the  State  to  its  present  unhappy  condition.  Say, 
friends,  do  you  ever  stop  and  think  over  what  the  newspapers  and  old-time 
politicians  offer  you,  in  lieu  of  the  present  Eeconstruction  Acts  ?  If  you  have 
not,  just  do  so.  I  think  you  will  discover  that  they  offer  no  remedies  whatever 
for  the  amelioration  of  our  bankrupt  and  impoverished  condition.  I  wish,  right 
here,  to 'say  another  word  to  you  u])on  this  point ;  and  it  is  this  ;  that  when  you 
hear  the  unreconstructed  men  and  newspapers,  through  the  country,  telling  the 
people  to  beware  of  the  party  favoring  the  Congressional  plan  of  reconstruction, 
and  charging  upon  them  the  desire  to  hold  office  as  the  only  incentive  for  a 
restoration  of  the  State,  and  that  their  leaders  are  men  not  identitied  with  the 
interests  of  the  country,  but  adventurers  wishing  to  get  control  of  the  State  to 
enrich  themselves  at  the  expense  of  the  people — I  say.  when  you  see  or  hear 
this,  jnst  ask  these  men  what  they  did,  when  controlling  the  destinies  of  the. 
State.  Ask  them  what  they  did  with  the  munificent  grants  made  this  State, 
by  the  General  Government,  for  schools  and  internal  improvements  ?  Ask  them 
how  many  school-houses,  levees,  railroads,  wagon-roads,  and  other  improve- 
ments, tliey  have  given  the  State,  out  of  all  the  land  donated  to  the  State  by  the 
General  Government  for  this  purpose.  ]\Iy  friends,  never  was  a  people  or  State 
so  badly  ruled  and  governed  as  this  was.  while  in  the  hands  of  the  old  politi- 
I  eians.  TVhat  has  become  of  all  the  taxes  levied  upon  you,  and  put  into  the 
'  State  Treasury  for  your  good  ?  I  can  tell  you — in  the  pockets  of  the  men  who 
;  satin  the  Legislature,  last  winter.  This  body  squandered  your  hard  earnings. — 
over  S200.000, — during  their  short  session;  and  what  do  you  see  in  return  for 
it  y    Xothing  but  a  lot  of  useless  laws  upon  your  statute-books. 

•■Eeconstruction  would  be  an  easy  thing,  were  it  not  for  these  men  who,  not 
content  with  havino;  involved  their  State  in  a  bloodv  and  causeless  war.  filled 
the  land  with  widows  and  orphans,  laying  waste  and  making  desolate  the 
richest  places  of  the  State,  wish  to  continue  on  in  their  opposition  to  the  Gov- 
ernment, and  thus  perpetuate  military  rule  here,  in  place  of  civil  government, 
because  they  cannot  longer  rule.  It  was  rule  or  ruin  with  them  before  the  war, 
and  this  is  still  their  motto.  I  tell  you.  in  all  frankness,  that  I  am  satisfied  that 
Congress  never  intends  to  place  this  State,  or  any  Southern  State  which  cast 
its  fortune  with  the  Confederacy,  into  the  hands  of  the  men  who.  by  their  coun- 
sels and  deeds,  brought  on  the  late  conflict  of  arms  between  the  two  sections  of 
the  country:  much  less  will  they  do  so,  knowing,  as  they  do,  that  the  old 
leaders  here  are  as  rebellious  in  their  hearts,  and  as  much  opposed  to  the  prin- 
ciples handed  duAvn  to  us  by  the  blood  of  our  Eevolutionary  fathers,  as  they 
were  in  1861.'" 

Mr.  BEADLEY.  Allow  me  one  word  of  explanation,  as  this  passes. 

(  563  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Saturday, 


Finances  of  the  State.— BEADLEY— HODGES— DUYALL.— MONTGOMERY. 


The  squandering  of  the  public  funds,  by  the  Legislature,  that  I  alluded 
to,  was  of  the  money  they  appropriated  to  the  Penitentiary.  [Great 
laughter.] 

Mr.  HODGES.  There  is  a  great  deal  more,  of  the  same  sort,  which  I 
will  read,  if  it  is  agreeable. 

Mr.  DUVALL.  I  think  this  is  all  out  of  order,  certainly — hunting  up 
the  speeches  of  gentlemen  

Mr.  HODGES.  I  think  so,  too,  and  particularly  of  speeches  reflecting  j 
so  seriously  upon  the  people  of  the  State.  i 

Mr.  MONTGOMERY.  I  desire  that  the  reading  may  proceed.    I  belong 
to  the  Committee  on  Finance;  and  I  desire  that  this  precedent- for  the  { 
statements  of  the  Committee  may  be  read. 

Mr.  BRADLEY  [in  his  seat.']  Let  him  go  on. 

A  MEMBER  [in  his  seaL]  That  is  no  precedent. 

Mr.  HODGES  continued  his  reading  of  the  report  of  Mr.  Bradley's 
speech,  as  follows :  ;  ~  ' 

"  Terms  are  submitted  to  us  for  our  acceptance  or  rejection ;  we  are  left  to  | 
do  as  we  please  in  this  matter,  and  the  results  are  with  us.    Let  us,  theri,  . 
accept  them  in  good  faith,  and  get  back  into  the  old  Union.    Let  us  form  a  | 
constitution  which  will  in  every  way  prove  acceptable  to  Congress,  and  elect  | 
men  to  fill  our  vacant  places  in  the  councils  of  the  nation,  who  will  be  received  | 
and  admitted  to  seats.    If  we  do  not,  then  God  only  knows  what  will  be  our 
future  lot.   The  old  leaders  in  this  State  tell  us  to  vote  I^o  Convention.  Why 
do  they  do  so  ?    What  do  they  offer  the  people,  as  a  means  of  bettering  their 
present  condition?    Nothing.    Then  why  listen  to  such  counsels?    I  have 
failed  to  see  anything  offered  by  them,  as  yet,  which  can  in  the  least  help  the  | 
people.    The  questions  now  presented  to  us  are  grave  and  important  ones,  j 
ones  involving  the  future  weal  or  woe  of  this  people.    I  therefore  beseech  of  j 
you,  my  fellow-citizens,  to  pause  and  reflect  before  you  go  too  far  in  this  mat-  j 
ter.    Take  not  false  steps.    Think  calmly  and  dispassionately,  and  as  rational 
reasoning  men  act  well  3^our  part.    Discard  old  political  hacks,  who  will  try 
every  way  to  control  you,  and  have  you  vote  in  their  interests, — which  from  I 
the  bottom  of  my  heart  I  feel  are  not  the  interests  of  the  people.    I  say  that  I 
the  men  who  are  opposed  to  reconstruction,  tb-day,  have  not  the  interests  of  . 
this  State  or  nation  at  heart,  and  care  nothing  for  the  people.  I 

"  Times  have  changed,  and  we  are  expected  to  keep  up  with  them,  or  paBS 
out  of  existence.    I  am  glad  that  the  time  has  come,  in  this  country,  when  a 
man  can  and  will  be  appreciated  for  his  moral  and  mental  worth,  and  not  for  j 
his  property  or  negroes.    Reconstruct,  and  we  will  no  longer  have  the  Military  j 
Bill,  or  an  army  quartered  in  our  midst.    I^othing  but  this  will  relieve  us  from  j 
the  present  rule.    Place  no  faith  in  stories  that  a  great  conservative  party  is  , 
springing  up  in  the  nation,  North  and  South,  which  will  soon  sweep  the  Rad- 
ical Party  from  political  control." —  I 

[Laughter.] 
(  564  ) 


Feb.  8th.]  AEKAlSrSAS  CO]S"STITUTIOISrAL  COISTYEI^TIOK   [26tli  Day, 


Finances  of  the  State.— HODGES— MOOEE—BKOOKS— HINDS— McCLIJKE. 


"  It  will  not  be  until  after  we  are  in  some  way  reconstructed,  if  such  a  thing 
ever  happens. 

"  What  promises  were  given  you  in  1860,  by  this  great  Conservative  or  Demo- 
cratic Party  ?  Were  they  fulfilled  ? — They  were  not ;  and  those  who  told  you 
they  would  be,  knew  better,  and  are  telling  you  the  same  trash  now.  Yote  a 
convention,  and  see  if  we  can't  restore  our  State  to  her  old  prosperity.  Do 
not  be  afraid  of  names,  but  do  your  duty,  regardless  of  what  may  be  said  of  you 
politically.    My  friends,  I  have  talked  longer  than  I  had  intended, — etc. 

"xit  the  conclusion  of  this  very  able  speech,  which  was  frequently  cheered 
by  the  assembled  audience,  the  band  struck  up  an  enlivening  air,  and  the  crowd 
slowly  dispersed." 

[Laughter.] 

Mr,  MOORE.  I  have  no  right  to  make  a  speech  

Mr.  BROOKS.  I  rise  to  a  point  of  order.  ISlo  member  has  a  right  to 
speak  twice  upon  the  same  subject,  until  every  other  member  wishing  to 
speak  shall  have  spoken. 

Mr.  MOORE.  I  rise  merely  to  make  inquiries,  that  I  may  be  enabled 
to  give  an  intelligent  vote  upon  this  question.  I  desire  to  ask  the  Chair- 
man of  the  Committee,  from  what  source  they  derive  their  information  of 
the  amount  of  "  United  States  money  seized," — $250,000  ?  I  want  to  vote 
intelligently ;  hence  I  ask  the  question  of  the  gentleman  from  Arkansas 
[Mr.  McClure.] 

Mr.  HI^^DS.  I  rise  to  a  point  of  order.  We  have  already  had  two 
speeches  from  the  gentleman  from  Bradley  [Mr.  Bradley], — one  of  them 
very  ably  read,  but  a  few  minutes  since,  by  the  gentleman  from  Pulaski 
[Mr.  Hodges],  the  other  delivered,  by  the  gentleman  himself,  upon  the 
floor.  That  was  undoubtedly  out  of  order.  I  have  allowed  the  matter  to 
go  on ;  but  now  the  gentleman  from  Ashley  [Mr.  Moore]  rises,  before  an 
opportunity  has  been  given  to  others  to  speak.  I  think  our  rules  should 
not  be  further  infringed. 

Mr.  MOORE.  I  am  only  asking  for  information. 

The  PRESIDEi^T.  The  Chair  would  suggest  that  the  gentleman  from 
Ashley  had  better  desist  from  his  remarks  until  other  gentlemen,  who 
have  not  had  the  floor,  are  through  speaking. 

Mr.  McCLURE.  I  will  answer  the  question  of  the  gentleman  from 
Ashley.  It  appears  that  there  were,  in  the  City  of  Little  Rock,  in  one 
office  alone,  at  the  breaking  out  of  the  rebellion,  $100,000  of  money  be- 
longing to  the  United  States.  The  sum  stated  in  the  Report  is,  as  there 
appears,  a  mere  estimate,  which  has  been  placed  at  $250,000.  It  is  sup- 
posed that  at  Fort  Smith,  and  other  points  where  there  were  ^J'ational 
funds,  there  was  a  sufiicient  amount  to  make  the  total  run  to  $250,000. 

(  565  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Saturday, 


Finances  of  the  State.— McCLU EE— MOOKE. 


I  have  been  informed  that  there  was  a  party  here  who  had  ascertained 
the  exact  amount — some  agent  of  the  Government, — at  the  session  of  the 
last  Legislative  Assembly  ;  but  what  that  amount  was,  I  have  not  been 
able  to  learn.  It  appears  merely  as  a  matter  of  estimate.  If  the  sura  was 
not  really  so  large,  the  people  are  so  much  the  better  off. 

Mr.  MOORE.  I  suppose  the  gentleman  will  not  object  to  my  asking 
another  question.  From  what  source  did  the  Committee  derive  their 
information  that  there  was  a  School  Fund  of  $11,893.94  ?  I  have  the  facts 
and  figures  before  me  ;  and  I  know  what  I  am  saying. 

Mr.^McCLURE.  Ofhowmuch? 

Mr.  MOORE.  The  Seminary  and  Saline  Funds  amount  to  $11,893.94. 

Mr.  McCLURE.  On  the  1st  day  of  May,  1861,  about  the 'time  when 
secession  commenced,  this  money  was  in  the  hands  of  the  State ;  and  the 
State  was,  of  course,  responsible  for  it,  if  it  was  illegally  spent.  If  it  was 
spent  in  opposition  to  the  United  States  forces,  the  State  itself  was  re- 
sponsible, or  the  parties  who  spent  it.  The  amount  specified  was  the 
balance  in  the  Treasury  at  that  time. 

Mr.  MOORE.  All  I  desire  to  say — and  it  is  not  a  speech,  at  all — in 
reply  to  that  statement  is,  that  it  is  in  conflict  with  the  sworn  Report  of 
the  Auditor,  who  makes  the  amount  only  $3224.77. 

If  the  Report  of  the  Committee  is  wrong  in  one  point,  perhaps  it  is 
wrong  in  all. 

Mr.  McCLURE.  The  Auditor  made  no  sworn  statement  upon  that  sub- 
ject, at  all,  or  of  anything  from  which  such  an  inference  is  to  be  drawn. 

Mr.  MOORE.  I  understand  that  every  statement  given  in  by  an  ofiicial, 
in  the  discharge  of  his  official  duties,  is  given  in  under  his  official  oath. 

Mr.  McCLURE.  I  wdll  say,  in  the  first  place,  that  the  Committee  starts 
out  with  a  statement  of  a  School  Fund  of  something  over  eleven  thou- 
sand dollars.  That,  I  say,  is  the  statement  of  our  Report.  The  amount 
for  which  the  Auditor  accounts,  is,  some  four  thousand  dollars.  I  find  I 
have  not  the  exact  figures  of  his  statement  now^  before  me.  He  says  that 
all  the  School  Fund  the  State  ever  had,  consisted  of  the  proceeds  of  Saline 
Lands,  and  seventy-tw^o  sections  of  Seminary  land.  The  proceeds  of  the 
Seminary  lands,  as  shown  by  the  printed  exhibits  in  the  office  of  the 
Secretary  of  State,  w^hich  I  take  to  be  correct,  are  those  stated  in  the  Re- 
port of  the  Committee.  The  Committee's  Report  is  based  upon  the  re- 
port made  to  the  first  Legislature — or  the  last  Legislature,  for  what  I  now 
remember — the  report  made  to  the  Legislature  of  the  State,  upon  this 
subject;  and  according  to  the  report  so  made,  the  balance,  as  we  have 
stated  it,  is  the  amount  for  which  the  State  is  responsible.  If  the  books 
are  wrong,  we  cannot  help  it.  That  was  the  only  means  I  had  of  obtain- 
ing information.  The  Auditor,  however,  in  his  Report  which  exhibits 
this  discrepancy  w^ith  that  presented  to  the  Legislature,  gives,  instead  of 
(  566  ) 


Feb.  8th.]   AEKANSAS  CONSTITUTIONAL  COJSTYENTIOJST.   [26th  Day. 


rinances  of  the  State— Question  of  Privilege.— BEOOKS—BKADLET—CYPEKT. 


something  over  three  thousand  dollars,  as  represented  bj  the  gentleman, 
11344.58,  as  the  amount  distributed  among  the  counties;  the  balance 
having  been  placed  in  the  hands  of  some  one,  who  went  for  medicines, 
and  lost  it  somewhere. 
Mr.  MOOEE.  W.  H.  Etter. 

Mr.  McCLURE.  Yes — down  near  Brownsville.  A  curious  use  of  school 
funds — to  spend  them  for  medicine. 


QUESTION  OF  PRIVILEGE. 

Mr.  BROOKS.  I  rise  to  a  question  of  privilege.  As  Major  Price,  the 
editor  of  the  ^'  Republican,"  has  been  severely  criticized,  in  connection 
with  the  report,  which  has  been  read,  of  a  speech  of  the  gentleman  from 
Bradley  [Mr,  Bradley],  I  think  he  should  be  allowed  to  make  a  state- 
ment, to  the  Convention,  in  his  own  defence.  [Cries  of    Leave,"  and  of 

Object."] 

Mr.  BRADLEY.  One  word  of  explanation.  In  the  report  of  my  speech, 
which  has  been  read,  I  was  represented  as  saying  that  we  rebelled  at  a 
time  when  the  United  States  was  protecting  us.  I  suppose  no  gentleman 
will  deny  that  fact.  The  United  States  had  been  protecting  us  for  thirty 
years.  I  was  truly  represented,  so  fiar  as  that  goes.  I  hold  that  if  we 
were  engaged,  for  the  thirty-two  years  of  our  State  existence  previous  to 
the  war,  in  theft  and  robbery,  the  United  States  was  all  that  time  protect- 
ing us  in  theft  and  robbery. 

Mr.  BROOKS.  I  rise  to  a  point  of  order.  I  do  not  object  to  any  gen- 
tleman making  an  explanation.  I  do  not  object  to  the  gentleman  from 
Bradley  doing  so.  But  I  do  object  to  his  gobbling  a  privilege  of  that  kind, 
and  preventing  anybody  else  from  sharing  it. 

Mr.  BRADLEY.  The  United  States,  I  say,  had  been  protecting  us  in 
the  legitimate  exercise  of  our  functions  as  a  State,  and  certainly  not  in 
theft  and  robbery. 

The  PRESIDEOT.  The  gentleman  from  Phillips  [Mr.  Brooks]  asks 
leave  for  the  editor  of  the  paper  which  published  the  speech  that  has  been 
read  to  the  Convention  by  the  gentleman  from  Pulaski  [Mr.  Hodges],  to 
make  an  explanation.  Will  the  Convention  give  the  gentleman  leave  ? 
[Cries  of Leave."] 

Mr.  CYPERT  [in  his  seaQ.  1  object. 

The  PRESIDEOT.  The  Chair  hears  no  objection.— 

Mr.  CYPERT.  I  just  objected.  I  presume  a  precedent  of  that  kind 
has  never  been  known  in  any  deliberative  body.  Mr.  Price  has  his  remedj^ 
if  any  injustice  has  been  done  him.    He  is  not  a  member  upon  this  floor. 

(  567  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


Question  of  Privilege.— CYPEET—BKOOKS. 


I  object  not  to  a  controversy  of  the  kind  proposed,  outside  the  Conven- 
tion ;  but  I  certainly  do  in  this  house.    It  is  unprecedented. 

Mr.  BEOOKS.  I  have  only  to  say  that  Major  Price  is  an  officer  of  this 
body.  He  is  charged,  by  a  member  of  the  House,  with  publishing  an 
erroneous  report  of  a  public  speech  delivered  by  that  member.  I  claim 
it  is  not  unprecedented ;  but  that  he  ought,  in  all  honor,  to  be  allowed 
the  privilege  of  an  explanation  before  the  body  where  the  accusation  is 
made,  and  at  the  time  it  is  made. 

I  am  not  disposed,  however,  to  press  the  request.  I  do  not  think  he 
needs  any  vindication,  either  by  his  own  explanation  or  otherwise ;  and  as 
the  gentleman  and  his  friends  object  to  an  officer  of  the  Convention, 
charged  as  he  has  been  upon  this  floor,  returning  an  explanation  to  the 
Convention,  I  withdraw  the  application. 

Mr.  HINKLE.  I  move  to  adjourn  to  Monday  next,  at  ten  o'clock. 

Mr.  CYPERT.  I  hope  the  Convention  will  not  adjourn. 

The  PRESIDENT  :  The  gentleman  from  White  [Mr.  Cypert]  will 
come  to  order. 

The  question  was  then  taken  upon  the  motion  to  adjourn,  and,  a  division 
being  had,  the  motion  was  agreed  to.  Ayes  33,  Noes  24 ; 

And  thereupon,  at  12.15,  p.m.,  the  Convention  adjourned  to  10,  a.m., 
of  Monday,  February  10th. 


v.. 


TWENTY-SEVENTH  DAY. 

Monday,  February  10th,  1868. 

Convention  met  at  10,  a.m.  •  . 

Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called ;  and  the  following  members  answered  to  their  names : 

Messrs.  Beasley,  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  Corbell, 
Cypert,  Dale,  Duvall,  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips, 
Harrison,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis,  Hodges  of  Pulaski.. 
Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason, 
Matthews,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McClure,  Moore, 
Norman,  OKver,  Poole,  Portis,  Priddy,  Puntney,  Eawlings,  Eector,  Reynolds, 
Eounsaville,  Sams,  Samuels,  Sarber,  Scott,  Shoppach,  Sims,  Smith,  Snyder, 
(  568  ) 


Feb.  10th.]  AEKAXSAS  COXSTITrTIOXAL  COXTEyTIO^'.  [27rh  Dav.. 


j:zard  County  Eiecrion.— GE^'EEAL  DEBATE. 

Tan  Hook.  Walker.  Wilson.  TTliite.  WilliamS;  TTriglii.  T\'yatT.  and  the  Presi- 
dent. 

Sick  :  3Ir.  Alerrick. 

ExcrsED  :  3Iessrs.  Hodges  of  Crittenden,  and  Owen. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names : 

The  Journal  of  the  preceding  dav  was  read  and  approved. 

IZAKD   COryiY  ZLZCTIOX. 

Mr.  REyyOLDS.  Air.  Adams,  member  tforn  Izard  County,  is  present, 
and  desires  to  be  qualified. 

Mr.  McCLURE.  I  move  that  the  gentleman's  credentials  be  referred  to 
the  Committee  on  Elections. 

Mr.  AIOOEE.  The  case  has  already  been  acted  upon. 

Mr.  GAZNTT.  It  has  been  referred  to  the  Committee,  once  before:  and 
a  report  was  made,  entitling  the  gentleman  to  his  seat. 

The  PEESIDEXT.    The  minutes  have  not  been  read. 

Mr.  REYXOLDS.  I  believe  this  is  a  privileged  question,  and  entitled 
to  be  heard  at  any  time. 

The  PRESIDENT.  TThat  is  the  motion  before  the  Convention? 

Mr.  REYXOEDS.  I  move  that  he  be  permitted  to  take  his  seat,  and  be 
quahned. 

Mr.  SARBER.  I  have  understood,  since  I  have  been  here,  that  the  gen- 
tleman in  question  is  not  a  resident  of  that  County. 

Mr.  DAEE.  I  do  not  exactly  remember,  at  this  time,  what  the  report 
of  the  Committee  on  Elections  was.  in  regard  to  the  title  of  this  gentle- 
man from  Izard,  to  a  seat.  However,  I  do  remember  what  was  the  action 
of  the  Committee  in  regard  to  the  first  claimant,  at  the  time.  But  I 
understand,  from  what  I  regard  as  a  reliable  source,  that  the  gentleman 
who  presents  himself  here  for  admission,  is  not  a  resident  of  Izard,  and 
was  not  at  the  time  he  claimed  his  seat.  Therefore,  I  think  it  would  be 
proper,  under  the  circumstances,  to  refer  the  matter  to  the  Committee  on 
Elections,  that  they  may  investigate  the  question,  and  ascertain  whether  or 
not  the  gentleman  is  a  resident  of  the  County  which  he  claims  to  represent. 

The  PRESEDEXT.  The  Committee,  as  the  Chair  tmderstands,  has 
already  reported  that  the  gentleman  is  entitled  to  his  seat. 

Mr.  HODGES,  of  Pulaski.  That  being  the  case,  I  move  a  re-reference 
of  the  matter,  to  the  Committee  on  Elections. 

Mr.  REYXOLDS.  I  wish  to  state  that  the  gentleman  was  born  in  the 
County,  and  has  lived  there  ever  since.  These  statements  are  made,  here, 
for  I  know  not  what  purpose.  It  may  be,  to  procure  a  reference  to  the 
Committee,  and  so  to  place  the  question  again  before  the  Convention. 

(  569  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday,' 


Izard  County  Election.— GENEKAL  DEBATE. 


But  the  statements  are  not  founded  upon  facts.  I  ask  that  such  proposi- 
tions should  be  at  least  founded  upon  some  authority. 

Mr.  SARBER.  Do  you  claim  that  the  gentleman  is  a  resident  of  the 
County  ? 

Mr.  CYPERT.  I  know  that  to  be  true.  I  have  known  the  gentleman 
for  fifteen  years,  have  known  his  residence,  and  know  that  he  has  always 
lived  in  the  County. 

The  PRESTDE^^TT.  The  question  is  upon  the  motion  to  recommit. 

Mr,  MOORE.  Mr.  President  

The  PRESIDENT.  The  question  is  not  debatable,— although  these 
explanations  have  been  permitted. 

Mr.  MOORE.  I  wish  to  ask  a  question.  Will  it,  after  a  resolution  has 
been  passed,  admitting  the  gentleman  to  his  seat,  be  in  order  to  recommit, 
without  a  previous  reconsideration  of  that  resolution  ?  It  is  only  for 
information  that  I  ask. 

Mr.  CYPERT  [in  his  seat.]  It  is  in  order,  too. 

The  PRESIDEOT.  The  Chair  is  not  clear  upon  the  subject,  but  is 
inclined  to  think  that  the  motion  to  recommit  is  in  order. 

Mr.  CYPERT.  I  understand  that  a  motion  to  recommit,  under  ordinary 
circumstances,  before  the  adoption,  by  the  house,  of  a  report  or  resolu- 
tion presented  by  a  committee,  is  in  order ;  but  after  the  adoption  of  the 
resolution  admitting  the  gentleman  to  his  seat,  he  is  certainly  entitled  to 
it,  and  his  claim  cannot  be  recommitted,  without  rescinding  the  resolution 
already  passed. 

Mr.  MOORE.  If  I  understand  the  situation  of  the  question,  the  Com- 
mittee on  Elections  reported  the  gentleman  from  Izard  entitled  to  his 
seat,  and  that  the  contestant,  Mr.  Toney,  be  allowed  his  mileage,  inasmuch 
as  he  had  a  reasonable  ground  to  believe  himself  a  duly  elected  delegate, 
having  a  certificate  of  election  from  one  of  the  Registrars  of  the  County. 
That  resolution  was  adopted  by  the  Convention,  and  is  a  part  of  the 
records  of  the  Convention.  All,  then,  that  is  necessary,  is,  that  Mr, 
Adams  be  sworn  in. 

Mr.  McCLURE.  I  desire  that  reference  maybe  made  to  the  Journal  of 
the  proceedings,  that  we  may  know  the  present  state  of  the  case. 

The  PRESIDEi^T.  The  Chair  has  already  directed  the  Secretary  to  refer 
to  th^  Journal,  that  the  Convention  may  know  the  state  of  the  question. 

Mr.  HODGES,  of  Pulaski.  Does  the  Chair  rule  the  motion  out  of 
order  ?    If  so,  I  will  move  to  reconsider  the  vote. 

The  PRESIDE]^T.  If  the  Report  of  the  Committee  has  been  properly 
stated,  and  the  claimant  has  been  by  resolution  declared  entitled  to  his 
seat,  the- motion  to  recommit  will  be  out  of  order.  The  Chair  wishes  to 
see  the  facts  of  the  case,  before  making  that  decision.  That  portion  of 
the  Report,  referred  to,  if  such  a  report  was  indeed  made,  had  escaped 
(  570  ) 


Feb.  10th.]  APvKA^^SAS  COXSTITUTIO^^AL  COXYEXTIOX.  [27th  Day. 


Izard  County  Election.— McCLURE—BEASLET—SAEBEE—EET]S'OLDS. 

the  recollection  of  the  Chair,  when  the  regularity  of  the  motion  to  recom- 
mit was  spoken  of. 

[Pending  the  time  consumed  in  the  Secretary's  search  for  the  record 
in  question :] 

The  PEESIDEXT  remarked: — If  there  is  no  question  as  to  tlie  facts, 
the  statement  made  to  the  Convention  will  be  considered  as  correct. 

Mr.  McCLUEE.  I  beg  that  we  may  have  the  best  evidence.  I  prefer 
to  see  it. 

Mr.  BEASLEY.  I  am  satisfied  that  it  was  declared,  and  acted  upon 
by  the  Convention,  that  Mr.  Adams  was  entitled  to  his  seat. 

The  PEESIDENT.  The  gentleman  from  Arkansas  [Mr.  McClure] 
calls  for  the  record. 

Mr.  SAEBEE.  I  think  I  can  satisfy  the  gentleman  as  to  tlie  point,  as  I 
proposed  the  resolution. 

Mr.  EEYo^GLDS.  I  presume  the  only  question  is,  whether  the  Chair 
is  sufficiently  satisfied  with  the  statement  ofiered,  to  make  a  decision  

The  PEESIDEXT.  The  Chair  has  no  recollection  as  to  what  disposi- 
tion was  made  of  the  matter.  The  Chair  merely  recollects  that  the  mat- 
ter was  before  the  Convention. 

Mr.  BEABLEY.  Has  the  other  claimant  from  Izard  been  occupying 
his  seat,  all  the  time  ? 

The  PEESIBEXT.  He  has  not. 

Mr.  BEABLEY.  By  what  decision  was  he  debarred  of  his  seat  ? 

The  PEESIBEOT.  By  the  report  of  the  Committee  on  Elections. 

Mr.  BEABLEY.  The  Committee  must  have  so  reported,  and  the  Con- 
vention taken  action  accordingly,  or  that  gentleman  would  have  occupied 
his  seat  all  the  time. 

The  PEESIBEXT.  The  Secretary  is  engaged  in  searching  the  record. 

The  EIEST  ASSISTANT  SECEETAEY  read,  from  the  Journal  of 
January  23d,  as  follows : 

SAEBEE,  from  the  Committee  on  Elections,  reported  the  following  in 
relation  to  a  seat  claimed  in  this  Convention  by  L.  D.  Toxey,  and  a?ked  that 
the  Committee  be  discharged  from  the  further  consideration  of  the  case,  which 
was  granted. 

Mr.  GAXTT  moved  its  adoption  ;  which  prevailed. 
Mr.  SAEBEE.  Where  is  the  Eeport  ? 


*  Note.  In  the  making  up  of  the  Journal,  the  record  of  the  action  taken  upon  the  Eeport 
of  the  Committee,  was  made  to  precede  the  entry  of  the  Eeport  itself.  The  Assistant  Secre- 
tary, in  reading  the  record,  consequently  failed  to  observe  the  subsequent  insertion  of  the  Ee- 
port :  hence  arose  the  discussion  that  follows  ;  which,  however,  having  given  rise  to  a  call  of 
the  yeas  and  nays,  the  Eeporter  has  not  felt  at  liberty  to  omit. 

(  571  ) 


1868.]  DEBATES  AND  PEOOEEDmGS  OF  THE  [Monday, 


Izard  County  Election.— SARBEK—CYPEKT— HODGES  of  Pulaski— MOORE. 


The  FIEST  ASSISTAiTT  SECRETARY  replied :  It  would  appear 
that  there  was  a  verbal  statement  only. 

Mr.  SARBER.  I  handed  in,  myself,  the  Report,  in  writing;  and  attached 
to  that  Report  was  the  resolution,  declaring  that  this  gentleman  was  en- 
titled to  his  seat;  and,  if  I  remember  rightly,  it  was  passed  upon  by  the 
Convention  and  adopted.    The  Report  must  have  been  mislaid. 

Mr.  CYPERT.  I  will  make  this  remark  in  regard  to  the  minutes.  It 
is  proper  that  all  reports  be  spread  upon  the  minutes;  if  it  is  not  done,  we 
will  have  to  have  the  proceedings  recorded  again.  "  Reporting  the  fol- 
lowing," without  presenting  upon  the  minutes  that  which  is  reported,  is 
an  absurdity.  "  The  foUoiving,''  is  following  it  into  a  pigeon-hole.  The 
Report  ought  to  go  upon  the  records.  And  as  one  of  the  Committee  ap- 
pointed to  revise  the  final  copy  of  the  record,  I  must  confess  that  I  am  not 
really  attending  to  it,  not  supposing  the  interference  of  the  Committee 
habitually  necessary.  But  if  that  great  error  has  happened  in  one  thing, 
it  will  put  me  to  the  necessity  of  looking  over  the  books.  I  hope  I  shall 
not  be  put  to  that  necessity.  The  minutes  should  at  least  be  correct,  and 
incorporate  '^the  following,"  so  as  to  show  what  "the  following"  was. 

The  SECRETARY,  by  direction  of  the  President,  read,  for  the  in- 
formation of  the  Convention,  from  the  Little  Rock  Daily  Grazette : 

"  Mr.  Sarber,  Chairman  of  Committee  on  Elections,  submitted  a  report  as- 
signing the  seat  for  Izard  to  "W.  W.  Adams,  but  declaring  L.  D.  Toney,  the 
other  claimant,  entitled  to  mileage  from  his  home  and  back.  Adopted." 

Mr.  CYPERT.  That  is  not  the  record  ? 

The  SECRETARY.  ITo,  sir;  that  is  from  a  newspaper  report  of  the 
proceedings. 

Mr.  CYPERT.  I  want  the  records  to  show  the  fact. 
The  SECRETARY.  The  records  shall  show  it,  if  gentlemen  will  only 
give  us  time. 

Mr.  HODGES,  of  Pulaski.  I  move  that  the  records  be  made  to  show 
that  the  fact  was  as  stated. 

The  PRESIDENT.  If  there  is  no  objection,  the  record  will  be  so 
amended. 

Mr.  McCLURE.  I  object.  I  have  no  recollection  of  any  such  trans- 
action. 

Messrs.  CYPERT  and  HICKS  [in  their  seats.]  The  Committee  so 
state  it. 

Mr.  MOORE.  The  whole  Convention  is  not  to  be  overruled  by  the  rec- 
ollection, or  want  of  recollection,  of  the  gentleman  from  Arkansas  [Mr. 
McClure.] 

The  PRESIDEOT.  If  the  Convention  is  to  proceed  with  business,  either 
(  5Y2  ) 


Feb.  10th.]  AEKAXSAS  COXSTITniOXAL  COXTEXTIOX.  [27tli  Day. 


Izard  County  Election.— :\I00EE—:V[0XTG03IEET—CTPEET—BE00KS. 


the  record  must  be  corrected,  or  the  matter  must  be  deferred,  in  order  to 
afford  the  Secretary  opportunity  to  refer  to  the  files  of  Eeports. 

Mr.  MOOEE.  I  ask,  then,  that  the  gentleman  may  be  sworn  in. 

The  PEESIDEXT.  The  gentleman  from  Pulaski  [Mv.  Hodges]  moves 
that  the  records  be  so  amended  as  to  show  that  the  Committee  on  Elec- 
tions reported  Mr.  Adams  entitled  to  a  seat,  as  delegate  from  Izard  County. 

Mr.  MOXTGOMEEY.  I  am  opposed  to  having  the  minutes  amended 
upon  this  authority.  If  we  can  have  the  Eeport  itself  spread  upon  the 
minutes.  I  would  agree  to  it.  I  move  a  postponement  of  the  considera- 
tion of  the  subject,  until  to-morrow  morning. 

Mr.  CYPEET.  I  call  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken;  and  it  was  decided  in  the  negative, — Yeas  30, 
Xajs  32,  as  follows  : 

Yeas  :  ^Messrs.  Belden.  Erashear.  Brooks.  Coates.  Exon.  Gray  of  Jefferson. 
G-rey  of  Phillips.  Hatfield,  Hawkins.  Hinds,  Hodges  of  Pulaski.  Hutchinson, 
Johnson.  Langley.  ]\Iallory,  ^lason,  ^lontgomery,  ^lurphy.  ]\IcCliire,  Oliver, 
Poole.  Priddy,  Pector.  Samuels,  Scott,  Sims.  Snyder.  "White.  Williams,  and  the 
President— 80. 

Xays  :  ^lessrs.  Corbell.  Cypert.  Dale.  Puvall,  Evans,  Gantt.  Harrison,  Hicks, 
HiDkle,  HoUis,  Hoge,  Houghton,  Kyle,  Matthews,  Misner,  Millsaps,  McCown, 
Moore,  Xonnan,  Portis,  Piintney,  Eawlings.  Eoimsaville,  Sams,  Sarber.  Shop- 
pach,  Smith,  Tan  Hook,  TValker,  Wilson,  Wright,  and  Wyatt — 32. 

So  the  Convention  refused  to  amend  the  record. 
Pending  the  call  of  the  roll : 

The  name  of  Mr.  Adams  beino-  called  bv  the  Seceetary.  and  he  havino^ 
answered  Xo,'' 

Mr.  CYPEET  said  :  The  gentleman's  name  has  been  called,  he  has 
answered  to  it;  and  his  vote  has  not  been  counted. 

The  PEESIDEXT.  The  gentleman  [Mr.  Adams]  has  not  been  sworn  in; 
and  his  vote  cannot  be  counted  until  he  has  qualified. 

Mr.  BEOOKS  (when  his  name  was  called)  said :  I  have  not  asked  to 
explain  a  vote,  since  I  have  been  here.  I  do  not  regard  this  matter  as  at 
all  important :  yet  I  wish  to  vote  for  the  postponement,  and  to  explain  that 
I  do  this,  not  to  dodge  this  question,  in  any  form  whatever,  but  in  order 
that  the  Secretary  may  have  time  allowed  him  to  look  up  the  Eeport, 
which,  no  doubt,  is  on  file.  And  I  will  state  that  it  is  not  a  universal 
custom,  at  all,  for  Secretaries  to  spread  upon  the  Journal  everything  of 
this  kind.  It  is  usual,  under  such  circumstances,  if  documents  of  this 
character  are  not  spread  upon  the  Journal,  to  refer  to  them,  by  number 
or  letter  of  file,  that  they  may  appear  upon  the  Journal.  I  vote  Aye,  in 
order  that  the  Secretary  may  have  time  to  search  his  files. 

(  573  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


Izard  County  Election.— EXPLANATIONS  OE  VOTES. 


'  Mr.  CYPEET  (when  his  name  was  called)  said :  I  know  it  is  usual  for  | 
the  minutes  to  show  reports  of  committees.    When  a  report  is  referred 
to  as  "  the  following,"  it  should  appear  upon  the  minutes.    If  it  was 

adopted,  or  rejected,  by  

Mr.  MOISTTGOMERY.  I  rise  to  a  point  of  order. 

Mr.  CYPERT.  Why  didn't  you  rise  before,  when  the  gentleman  from 
Phillips  [Mr.  Brooks]  was  up  ? 

[Mr.  Montgomery  not  insisting  upon  the  point  of  order,] 

The  PRESIDENT  permitted  Mr.  Cypert  to  proceed. 

Mr.  CYPERT.  I  believe  every  gentleman  in  this  house  is  fully  satisfied 
that  the  action  of  the  Convention  was  as  has  been  represented ;  and  I  do 
not  wish  to  postpone,  the  granting  of  a  right  already  awarded  by  the 
Convention.    I  vote  No. 

Mr.  DUYALL  (when  his  name  was  called)  said  :  I  vote  No ;  because,  li 
I  know  that  the  Report  which  has  been  read  [from  the  "Gazette"]  is  ' 
correct. 

Mr.  HATEIELD  (when  his  name  was  called)  said :  I  was  a  member  of 
that  Committee  ;  and  I  ask  to  be  excused  from  votins:. 

Mr.  CYPERT  [m  his  seat.^  1  object:  we  can't  excuse  you.  ij 

Mr.  HATEIELD.  Aye.    I  now  wish  to  explain  my  vote.    I  will  state,  I! 
that  in  my  recollection,  that  Report  was  handed,  in,  and  action  of  the  Con- 
vention w^as  taken  in  regard  to  the  cases  of  Messrs.  Moore  and  I^orman,  I 
but  that  in  regard  to  the  gentleman  from  Izard  County,  there  was  no  vote 
taken.    Consequently,  I  have  voted  Aye.  I 

Mr.  SARBER  (when  his  name  was  called)  said :  I  was  Chairman  of  the 
Committee  on  Elections,  at  the  time ;  and  I  have  already  stated  that  I  am 
satisfied  the  gentleman  [Mr.  Cypert]  is  correct  in  his  recollection  of  the 
fact  of  the  presentation  of  the  Report;  and  to  the  best  of  my  recollection,  j 
it  was  adopted — I  am  not  positive.   As  charges,  however,  have  been  made,  j 
since  that  time,  that  this  gentleman  is  a  non-resident,  and  in  order  that  : 
we  may  have  time  to  ascertain  the  truth  of  those  charges,  I  should  favor 
postponing  our  action.    Yet  I  think  we  have  no  right  to  go  behind  the 
record;  and  I  therefore  vote  No. 

't 
ji 

The  vote,  as  above  stated,  having  been  announced :  ^ 
Mr.  MOORE  said  :  I  now  move  that  the  gentleman  from  Izard  [Mr. 

Adams]  be  sworn  in  and  take  his  seat.  i 
Mr.  REYi^OLDS.  Upon  that  I  demand  the  previous  question.  j 
Mr.  MOIsTTGOMERY  was  recognized  by  the  Chair.  ! 
Several  MEMBERS  [in  their  seats.']  He  is  out  of  order.    The  previous 

question  was  moved. 

The  PRESIDENT.  The  call  was  not  seconded  before  the  gentleman 

from  Hempstead  [Mr.  Montgomery]  was  recognized.  j 
(  574  ) 


Feb.  10th.]  AEKA:s^SAS  COXSTITUTIOXAL  CO^sTYENTIO]St.  [27tli  Day. 


Izard  County  Election.— GE^s"EEAL  DEBATE, 


Mr.  McCLHRE.  I  rise  to  a  point  of  order.  I  have  not  heard  the  ques- 
tion stated  by  the  Chair. 

The  PEESrOEOT.  The  gentleanan  is  correct.  The  Chair  will  now 
state  the  question.  The  motion  before  the  Convention  is  that  of  the  gen- 
tleman from  Ashley  [Mr.  Moore],  to  swear  in  the  delegate  from  Izard 
County. 

Mr.  REYNOLDS.  I  demand  the  previous  question  upon  that  motion. 

The  question  being  taken  upon  the  demand  for  the  main  question,  and 
a  division  being  called  for,  the  number  (which  was  not  announced)  of 
those  voting  in  the  affirmative  and  in  the  negative  was  found  to  be  equal. 
Before  the  consequent  result  was  declared, 

Mr.  HODGES,  of  Pulaski,  called  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
35,  l^ays  29,  as  follows : 

Teas  :  Messrs.  Eeasley,  Bell,  Bradley,  Brashear,  Corbell,  Cypert,  Dale, 
Duvall,  Evans,  Gantt,  Harrison,  Hicks,  Hinkle,  Hollis,  Hoge,  Houghton,  Kyle, 
Matthews,  Misner,  Millsaps,  McCown,  Moore,  i^orman,  Portis,  Puntney,  Eawl- 
ings,  Eeynolds,  Eounsaville,  Sams,  Shoppach,  Yan  Hook,  Walker,  Wilson, 
Wright,  and  Wyatt — 35. 

]S'ays  :  Messrs.  Belden,  Brooks,  Coates,  Exon,  Gray  of  Jefferson,  Grey  of 
Phillips,  Hatfield,  Hawkins,  Hinds,  Hodges  of  Pulaski,  Hutchinson,  Johnson, 
Langley,  Mason,  Montgomery,  Murphy,  McClure,  Poole,  Priddy,  Eector, 
Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  White,  Williams,  and  the  Presi- 
dent—29. 

The  question  recurring  on  the  motion  that  the  oath  of  office  be  admin- 
istered to  Mr.  Adams, 

Mr.  HODGES,  of  Pulaski,  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

Mr.  CYPEET  said :  I  understand  that  the  gentleman  has  been  already 
admitted  to  his  seat,  as  

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order.  I  say  the  records 
show  nothing  of  the  kind. 

Mr.  CYPEET.  I  know  that  the  facts  state  it,  whether  the  records  do 
or  not;  and  I  cannot  be  responsible  for  the  record's  not  showing  it.  I 
know  it  is  there ;  and  I  defy  any  man  to  deny  it. 

Mr.  BELL.  Does  the  record  show  that  the  gentleman  is  entitled  to  the 
seat  ? 

The  PEESIDEXT.  That  is  a  question  on  which  the  Chair  does  not 
propose  to  decide,  as  it  is  disputed. 

Mr.  BEOOKS.  I  call  for  the  re-reading  of  the  resolution,  upon  that 
point. 

(  575  ) 


1868.] 


DEBATES  Al^J)  PEOCEEDmGS  OF  THE  [Monday, 


Izard  County  Election.— BELL— BEASHEAR—BEOOKS. 


The  PRESIDEI^T.  The  re-reading  is  out  of  order,  unless  by  consent. 
The  previous  question  has  been  ordered ;  and  the  main  question  must  now 
be  put. 

After  some  remarks  on  the  parliamentary  aspect  of  the  question  before 
the  Convention, 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
40,  i^ays  25,  as  follows : 

Yeas  :  Messrs.  Beasley,  Bradley,  Brashear,  Coates,  Corbell,  Oypert,  Duvall, 
Evans,  Gantt,  Grey  of  Phillips,  Hoge,  Harrison,  Hicks,  Hinkle,  Hollis,  Hough- 
ton, Kyle,  Mallory,  Matthews,  Misner,  Millsaps,  McCown,  Moore,  Norman, 
Poole,  Portis,  Priddy,  Puntney,  Eawlings,  Eeynolds,  Eounsaville,  Samuels, 
Sarber,  Scott,  Shoppach,  Yan  Hook,  Walker,  Wilson,  Wright,  and  Wyatt — 40. 

Nays  :  Messrs.  Belden,  Bell,  Brooks,  Dale,  Exon,  Gray  of  Jefferson,  Hatfield, 
Hawkins,  Hinds,  Hodges  of  Pulaski,  Hutchinson,  Johnson,  Langley,  Mason, 
Montgomery,  Murphy,  McClure,  Oliver,  Eector,  Sims,  Smith,  Snyder,  White, 
Williams,  and  the  President — 25. 

Pending  the  call  of  the  roll : 

Mr.  BELL  (when  his  name  was  called),  insisting  that,  if  within  the 
knowledge  of  the  Chair,  it  should  be  stated  whether  the  Convention  had 
declared  the  claimant  from  Izard  entitled  to  a  seat, 

The  PRESIDENT  stated  that,  from  the  reading  of  the  Journal,  two 
opinions  prevailed  upon  the  subject. 

After  further  remarks, 

Mr.  BELL  asked  to  be  excused  from  voting. 
Objection  being  made, 
Mr.  BELL  voted  ITo. 

Mr.  BEASHEAR  (when  his  name  was  called)  said :  I  believe  this  is  the 
first  time  I  ever  rose  to  state  a  reason  for  my  vote.  The  understanding  I 
had  from  the  Chairman  of  the  Committee  was,  that  Mr.  Adams  was 
entitled  to  a  seat  The  record  has  been  read.  My  recollection,  in  the 
matter,  has  been  confirmed  by  the  reading  of  an  extract  from  some  news- 
paper. The  records  do  not  show  the  fact ;  yet  I  am  satisfied  of  it ;  and  I 
am,  therefore,  compelled  to  vote  Aye. 

Mr.  BEOOKS  (when  his  name  w^as  called)  said :  I,  also,  wish  to  explain. 
I  never  pretend  to  rely  upon  my  remembrance,  or  the  remembrance  of  any 
other  gentleman,  with  respect  to  official  proceedings  of  this  character.  We 
have  referred  to  the  Journal ;  and,  as  I  recollect  the  reference,  the  Journal 
does  not  show  the  fact  which  some  gentlemen  recollect.  I  have  asked  for 
the  reading  of  the  Journal,  on  the  point,  simply  as  a  matter  of  informa- 
tion, in  order  that  we  might  be  enabled  to  vote  intelligently,  taking  the 
record  as  a  basis.  That  is  declined.  We  tried  to  get  a  postponement  of 
(  576  ) 


Feb.  10th.]  AEKAXSAS  COXSTITUTIOXAL  CONYE^^TIO^nT.  [27th  Day. 


Izard  County  Election.— EXPLANATIO^iTS  OF  VOTES. 


the  matter,  with  the  object  of  obtaining,  from  the  files  of  the  Secretary, 
the  information.    That  has  been  denied.   In  view  of  these  facts,  I  vote  No. 

Mr.  DALE  (when  his  name  was  called)  said :  Having  acted  as  a  mem- 
ber of  the  Committee  in  this  case,  and  having,  as  I  remember,  after  read- 
ing the  Journal,  become  convinced  that  the  seat  was  declared  properly 
to  belong  to  a  gentleman  of  the  name  of  Adams,  and  as  there  seems  to  be 
so  much  tenacity  exhibited,  about  the  matter,  by  certain  gentlemen,  I  pro- 
pose to  do  what  I  think  is  right,  in  this  case  as  in  all  such  cases,  regardless 
of  what  other  people  think.  I  have  never  so  much  as  thought  of  explain- 
ing my  vote,  on  any  other  occasion.  Inasmuch  as  there  may  be  difference 
of  opinion  in  regard  to  this  matter,  and  inasmuch  as  gentlemen  have 
pushed  the  thing  with  such  tenacity,  I  think  tliere  may  possibly  be  some- 
thing rotten  in  Denmark,  and  I  cannot  vote  for  any  man  unless  I  know 
he  is  the  man,  whether  he  has  credentials  or  not. 

A  MEMBER  [in  his  seat.']    Here  are  his  credentials. 

Mr.  DUYALL  (when  his  name  was  called)  expressed  his  belief  that  Mr. 
Adams  had  been  entitled  to  his  seat;  and  accordingly  voted  Aye. 

Mr.  EXON  (when  his  name  was  called)  said :  To  the  best  of  my  recol- 
lection, the  resolution  declaring  Mr.  Adams  entitled  to  a  seat,  was  never 
adopted;  and  I  therefore  vote  Xo. 

Mr.  GAXTT  (when  his  name  was  called)  said :  I  was  a  member  of  the 
Committee  on  Elections.  The  matter  was  deliberated  upon  in  the  com- 
mittee-room. There  was  not  a  solitary  member  of  the  Committee  that 
was  not  of  opinion  that  Mr.  Adams  was  the  duly  elected  delegate  to  this 
Convention,  from  the  County  of  Izard.  The  question  was  then  raised 
whether,  in  view  of  all  the  circumstances  in  reference  to  Mr.  Toney's 
attendance  at  Little  Rock,  he  was  entitled  to  mileage.  The  Committee 
was  of  opinion  that  he  was  so  entitled. 

Mr.  Gantt  proceeded  with  a  further  statement  of  facts  in  reference  to 
the  presentation  of  the  Report,  and  the  adoption  of  the  resolution  declar- 
ing Mr.  Adams  entitled  to  a  seat ;  and  recorded  his  vote  in  the  affirmative. 

Mr.  GREY,  of  Phillips  (when  his  name  was  called)  said :  I  dislike  the 
idea  of  degenerating  into  a  voting  machine ;  and  I  would  like  to  know 
what  I  am  voting  upon.  I  have  understood  that  Mr.  Adams'  name  has 
been  called,  more  or  less,  as  a  member  of  the  Convention. 

Mr.  BRADLEY  [m  his  seat.']  Every  day. 

Mr.  GREY.  Under  the  circumstances,  I  cannot,  in  accordance  with  my 
conscientious  opinions,  vote  otherwise  than  Aye. 

Mr.  HATFIELD  (when  his  name  was  called)  said :  As  gentlemen  of  the 
Committee  have  positively  declared  that  they  do  know  so  and  so,  and  that 
the  resolution  was  passed,  I,  as  a  member  of  that  Committee,  will  say  that 
I  have  no  such  recollection,  and  do  not  believe  that  the  resolution  was 
voted  on  in  the  Convention.    I  therefore  vote  Xo. 

37  (  577  ) 


1868.] 


DEBATES  AND  PEOCEEDIlSrGS  OF  THE 


[Monday,  { 


Izard  County  Election.— EXPLANATIONS  OF  VOTES. 


Mr.  HODGES,  of  Pulaski  (when  his  name  was  called),  said:  Let  me 
explain  my  vote,  this  time.  Having  discovered  that  that  Report  was  pre- 
sented, and  acted  upon,  I  endeavored  to  have  the  decision  of  this  question  ! 
pnt  off,  until  it  could  be  placed  in  shape.  I  also,  before  the  present  motion  , 
came  up,  endeavored,  by  motion,  to  put  the  matter  in  shape.  But  the 
gentlemen  on  the  other  side  have  refused  to  do  anything  of  that  kind,  and 
have  sprung  the  question  upon  us  in  its  present  form.  Mr.  Toney,  who 
waited  until  the  Report  was  made,  went  away  without  even  asking  a  cer- 
tificate for  his  mileage,  understanding  that  the  Committee  had  not  voted 
upon  it,  in  any  shape  or  manner.    I  therefore  vote  No.  \\ 

Mr.  HOGE  (when  his  name  was  called)  said  :  I  remember  distinctly, 
and  would  be  sworn  now,  that  that  Report  was  acted  upon  b}^  this  Con- 
vention.   I  vote  Aye. 

Mr.  HUTCHINSOiT  (when  his  name  was  called)  said:  I  was  one  of  the 
members  of  the  Committee ;  and  my  recollection  is,  that  the  conclusion 
reached  was  that  Mr.  Toney  should  have  his  mileage,  and  that  Mr.  Adams  { 
was  entitled  to  a  seat.    But  inasmuch  as  that  Report  has  not  gone  regu- 
larly upon  the  Journal,  and  a  difference  of  opinion  seems  to  exist,  it  would 
seem  to  me  desirable  that  the  matter  should  be  deferred,  the  question 
thoroughly  analyzed,  and  all  parties  more  generally  satisfied,  in  regard  to  ij 
it,  than  at  present.   I  feel  that  Mr.  Adams  is  entitled  to  his  seat;  but,  with 
the  views  which  I  entertain  of  the  propriety  of  further  investigation  of  the  ; 
subject,  I  preferred  postponing  its  consideration  until  to-morrow  morning.  jl 

I  therefore  vote  No.  ' 

jl 

Mr.  MALLORY  (when  his  name  was  called)  said  :  I  believe  this  is  the  || 
only  time  I  have  ever  asked  to  be  excused  from  a  vote  in  this  body.- — - 

Mr.  CYPERT.  Here  is  the  record,  as  stated, — the  full  report  and  reso-  ! 
lution  adopted  by  the  Convention.    As  gentlemen  have  disputed  my  word, 
I  call  for  the  reading  of  the  record.  j 

Mr.  MALLORY.  I  submit  a  point  of  order.    The  reading  of  the  record 
has  been  refused. 

Mr.  CYPERT.  I  don't  care  if  it  has  :  my  veracity  has  been  questioned, 
and  I  demand  that  the  record  be  read. 

Mr.  BROOKS.  I  call  for  the  enforcement  of  order.    If  the  Sergeaut- 
at-Arms  has  to  do  it,  let  it  be  done. 

The  PRESIDENT.  The  Chair  proposes  to  keep  order,  himself  The 
Chair  has  already  refused  the  reading  of  anything  in  connection  with  the 
previous  question,  and  decides  that,  in  accordance  with  parliamentary  law, 
the  refusal  will  be  adhered  to. 

Mr.  MALLORY.  I  rose  to  explain  my  vote,  and  still  propose  to  do  so. 
Whatever  the  Committee  may  have  reported,  I  wish  to  know  if  the  ere-  : 
dentials  of  the  gentleman  from  Izard  [Mr.  Adams]  have  been  presented. 

Mr.  REYiN'OLDS.  Yes,  sir ;  I  have  them  in  my  possession. 
(  578  )    ,  ! 


Feb.  10th.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [27tli  Day. 


Izard  County  Election.— AIALLOEY—MOXTGO MEE  r—AirEPHY—AIcCLUEE. 


Mr.  AIALLOEY.  I  am  not  asking  of  any  gentleman,  but  of  the  au- 
thority from  which  

[Mr.  Reynolds  sent  to  the  Secretary's  desk  the  credentials  of  Mr. 
Adams.] 

Mr.  MAJLLOEY  asked  to  be  excused  from  voting. 
Objection  being  made, 

Mr.  MALLOEY  said  :  Then  I  vote  Aye.  [Some  apphause  from  the  left.] 
Mr.  MOXTGOMEEY  (when  his  name  was  called)  said:  I  have  never 
taken  occasion  to  explain  a  vote ;  but  have  always,  until  now,  taken  for 
granted  that  my  vote  would  be  understood.  My  reason  for  voting  as  I 
shall,  is,  merely,  in  the  tact  that  the  gentlemen  desiring  the  admission  of 
the  gentleman  from  Izard,  called  for  the  reading  of  the  records,  stating, 
at  the  time,  that  they  did  so  in  order  to  base  their  vote  upon  the  reading 
of  the  record.  I  propose,  now,  to  base  my  vote  upon  the  record?  and 
unless  there  is  something  upon  the  olhcial  records  of  the  Convention  to 
show  that  this  gentleman  is  entitled  to  his  seat,  we  cannot  possibly,  until 
the  record  shall  be  changed,  vote  to  admit  him.  I  do  not  desire  any  in- 
justice to  the  gentleman  ;  for  I  presume  he  will  be  entitled  to  his  pay,  from 
the  time  he  arrives  here,  at  all  events.    I  shall  vote  Xo. 

Mr.  MUTaPHIT  (when  his  name  was  called)  said:  I  beg  to  be  excused 
from  votino'. 

Mr.  CYPEET  [^.n  his  seat.]  Let  him  be  excused. 
Objection  being  made, 
Mr.  MUEPHY  voted  Yo. 

Mr.  McCLUEE  (when  his  name  was  called^  said  :  The  records  were 
read  before  this  vote  was  taken.  It  appears  that  there  is  no  record  of  the 
Report  of  the  Committee,  or  any  accompanying  resolution.  I  submit  that 
gentlemen  are  proceeding  rather  too  hastily.  There  is  no  record  of  the 
presentation  of  this  gentleman's  credentials,  or  of  any  application,  on  his 
part,  for  admission.  The  motion  is,  simply,  that  the  gentleman  be  sworn 
in.  In  that  state  of  affairs,  we  have  but  one  thing  to  which  to  appeal: 
I  and  that  is  not  the  recollection  of  individuals,  whose  recollection,  perhaps, 
may  happen  to  be  in  accordance  with  their  partisan  views.  The  record,  so 
far  as  it  has  been  read,  does  not  sustain  the  statement  that  the  Convention 
has  passed  any  resolution  declaring  this  gentleman  entitled  to  a  seat.  If 
the  credentials  had  been  presented,  and  it  had  been  then  asked  that  the 
gentleman  be  sworn  in,  we  would  have  been  in  a  different  position.  But 
as  the  matter  stands,  I  desire  to  enter  upon  the  record  my  protest  that  no 
credentials  have  been  presented. 


(  579  ) 


1868.]  DEBATES  AND  PEOCEEDIJSTGS  OF  THE  [Monday, 


Izard  County  Election.— MOOEE— SAMS— SAMUELS— SAEBER— SMITH. 


Mr.  C  YPERT.  I  wish  to  ask  the  gentleman  [Mr.  McClure]  one  ques- 
tion.   It  is  true,  he  is  explaining  

The  PEESIDE^^T.  The  gentleman  from  White  [Mr.  Cypert]  is  out  of 
order.    Let  the  call  of  the  roll  proceed. 

Mr.  MOORE  (when  his  name  was  called)  said :  I  offered  the  motion 
that  Mr.  Adams  be  admitted  to  his  seat,  and  be  qualified.    I  knew,  when 
I  made  the  motion,  what  the  action  of  this  Convention  had  been.    I  knew 
that  the  Committee  had  reported  a  resolution,  recommending  the  admis- 
sion of  Mr.  Adams  to  his  seat.    I  did  not  then  know  that  any  statement 
of  that  fact  was  upon  the  minutes.    I  now  know  that  it  is  upon  the  records 
of  this  Convention.    I  am  not  voting  on  the  strength  of  memory.  My 
memory  was  good,  however ;  and  after  a  reference  to  the  record  it  is  no  j 
better  than  when  I  made  the  motion.    I  know  the  Convention  allowed  | 
the  gentleman  his  seat ;  and  I  am  not  responsible  for  the  want  of  memory  jj 
of  g^tlemen  on  the  other  side  of  the  house,  who  do  not  desire  to  remem-  j| 
ber  facts  that  are  not  in  accordance  with  their  wishes.    I  shall  therefore  j 
vote  Aye.  j 

Mr.  SAMS  (when  his  name  was  called)  said  :  As  I  cannot  appeal  to  the  |l 
minutes,  I  desire  to  be  excused  from  voting.  j| 

The  PRESIDENT.  The  Chair  has  already  stated  that,  under  parlia-  || 
mentary  law,  it  is  improper,  after  the  call  for  the  previous  question,  even  ij 
to  read  a  paper;  and  the  decision  is  final,  unless  appealed  from.  ij 

'No  objection  being  made, 

Mr.  SAMS  was  excused  from  voting. 

Mr.  SAMUELS  (when  his  name  was  called)  said :  I  do  not  know  that 
I  can  vote  on  this  question,  and  give  an  honest  vote,  unless  I  know  what  i 
I  am  doing.  I 

Mr.  CYPERT.  Let  him  be  excused  from  voting.  ! 

Mr.  JOHISrSOE"  [m  his  seaf]  N"o  excuses.  i 

Mr.  SAMUELS  voted  Aye.  ! 

Mr.  SARBER  (wdien  his  name  was  called)  said :  I  have  no  particular 
desire  to  explain  my  vote ;  but  as  I  was  a  member  of  the  Committee,  and 
as  I  rely  principally  upon  my  memory,  in  opposition  to  the  records,  and 
am  perfectly  satisfied,  in  my  own  mind,  that  we  did  make  that  report, 
though  I  am  not  satisfied  as  to  whether  the  Convention  adopted  it  or  not,  | 
— ^under  these  circumstances  I  think,  since  the  simple  admission  of  the 
gentleman  to  his  seat  cannot  prejudice  our  right,  at  any  time,  to  refer  to  '! 
any  committee,  for  investigation,  the  subject  of  any  other  disqualification 
that  may  be  alleged  against  him,  I  will  vote  Aye.  I 

Mr.  SMITH  (when  his  name  was  called)  said :  I  believe  I  have  not 
asked  to  explain  my  vote  in  this  body,  on  any  occasion.    I  will  not  do 
(  580  ) 


Feb.  lOtb.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTION,  [2Ttli  Day. 


Izard  County  Election. — Qualification  of  ^Lv.  Adams. 


this  gentleman  [Mr.  Adams]  any  injustice.  If  he  is  entitled  to  bis  seat, 
I  will  vote  that  it  shall  be  accorded  him.  But  inasmuch  as  the  records, 
so  far  as  read,  do  not  show  him  to  be  so  entitled,  and  from  the  fact  that 
his  credentials  are  not  before  the  Convention,  I  vote  Xo. 

Mr.  SNYDER  (when  his  name  was  called)  said :  I  have  no  disposition 
to  do  any  one  injustice ;  but  as  this  matter  seems  to  be  involved  in  uncer- 
tainty, and  as  the  gentleman  will  certainly  suffer  no  injustice  from  our 
allowing  sufficient  time  for  investigation,  I  vote  Xo. 

The  PRESIDENT  (when  his  name  was  called)  said:  Gentlemen  of  the 
Convention  :  As  an  individual,  I  am  noic  aware  of  the  state  of  this  ques- 
tion ;  but  as  a  member  of  the  Cor^vention  I  am  not  supposed  to  know  any- 
thing more  of  it  than  any  one  who  has  voted.  AVith  that  understanding, 
I  vote  Xo :  but  had  I,  in  my  official  capacity,  known  the  state  of  affairs  as 
I  do  as  an  individual,  I  should  have  voted  Aye.  Although  I  can  see  the 
record,  I  have  no  right  to  know  it  as  an  officer. 

The  vote  was  then  announced  as  above. 

QTJALIFICATIGX  OF  MR.  ADAMS. 

The  credentials  of  Mr.  Y".  W.  Adams,  member  from  Izard  County, 
were  then  presented  :  he  appeared  in  his  seat,  and  the  prescribed  oath  of 
office  was  administered  to  him  by  the  President. 

IZARD  COUNTY  ELECTIOX — AGAIN. 

Mr.  GANTT.  It  has  been  positively  asserted,  her.e,  that  the  Report  of 
the  Committee  on  Elections,  in  the  case  of  Mr.  Adams,  was  not  adopted 
by  the  Convention.    I  now  move  that  the  record  be  read. 

Mr.  McCLURE.  I  object  to  the  motion,  as  out  of  order.  The  minutes 
of  the  Convention  have  been  read  and  approved.  The  question  has  been 
already  settled.  The  reading  of  the  record  is  foreign,  now,  to  any  issue 
before  the  Convention.  I  move  that  the  Convention  now  take  up  the 
reguLar  order  of  the  day. 

Mr.  GAXTT.  I  insist  upon  my  motion. 

Mr.  MOORE.  The  question  has  been  passed  upon  by  the  Convention. 
I  desire  that  the  record  be  now  read,  in  order  that  the  actual  state  of  the 
case,  in  the  matter  of  the  Report  of  the  Committee,  may  appear. 

The  PRESIDENT.  The  Chair  does  not  understand  that,  in  the  discus- 
sion upon  that  matter,  gentlemen  did  not  do  more  than  to  state  various 
opinions.    They  have  not  stated  the  fact  positively. 

Mr.  CTPERT.  /stated  the  fact  positively;  which  was  denied  by  the 
gentleman  from  Pulaski  [Mr.  Hodges]  ;  and  I  desire  that  the  record  be 
now  read,  to  decide  between  us. 

(  581  ) 


1868.]        .      DEBATES  AND  PEOOEEDINGS  OF  THE  [Monday, 
Izard  County  Election — The  Constitution. 


The  PEESIDEiTT.  It  was  stated  as  matter  of  opinion,  merely. 
Mr.  CYPERT.  I  stated  the  fact  to  be  true,  and  defied  any  gentleman 
to  deny  it. 

Mr.  DUVALL.  In  my  explanation,  I  asserted  the  facts  to  be  as  I  stated, 
to  my  certain  knowledge. 

Mr.  HICKS.  If  gentlemen  on  the  other  side  do  not  wish  to  be  set  right 
upon  this  question,  and  contend  that  they  shall  remain  in  ignorance,  I 
have  no  objection. 

The  PRESIDENT.  The  gentleman  will  come  to  order. 

Mr.  HODGES,  of  Pulaski.  We  are  willing  to  abide  by  the  showing  of 
the  Journals.  If  they  do  show  the  fact  as  stated,  it  is  all  right.  I  was 
of  that  opinion  from  the  first. 

The  PRESIDENT.  The  whole  matter  is  out  of  order.  Gentlemen 
must  come  to  order.  The  Secretary  will  read  the  Journal  of  Saturday's 
proceedings. 

The  Journal  of  Saturday  was  read  and  approved. 

Mr.  HINDS  moved  that  the  Convention  take  a  recess  until  7  o'clock,  p.m. 

The  question  was  taken ;  and  the  motion  was  agreed  to ; 
And  thereupon  the  Convention  took  a  recess  till  7,  p.m. 


EVENING  SESSION. 

4 

At  7,  P.M.,  the  Convention  was  called  to  order.  | 
The  roll  was  called;  and  the  following  members  answered  to  their 

names :  \ 

I 

Messrs.  Adams,  Beasley,  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Coates,  I 

Corbell,  Cypert,  Dale,  Duvall,  Bxon,  Evans,  Gantt,  Gray  of  Jefferson,  Grey  of  || 

Phillips,  Harrison,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hodges  of  Pu-  ' 
Jaski,  Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason, 

Matthews,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McClure,  Moore,  jl 

Norman,  OHver,  Poole,  Portis,  Priddy,  Puntney,  Rawlings,  Eector,  Reynolds,  \ 

Eounsaville,  Sams,  Sarber,  Scott,  Shoppach,  Sims,  Smith,  Snyder,  Yan  Hook,  | 
Walker,  Wilson,  White,  Wilhams,  Wright,  Wyatt,  and  the  President. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names :  | 

^  ~  THE  CONSTITUTION.  | 

Mr.  BROOKS  said :  The  Committee  on  the  Constitution,  its  Arrange-  ! 
(  582  ) 


Feb.  10th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [27th  Day 


Report  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


ment  and  Phraseology,  is,  I  believe,  ready  to  report;  and  I  move  yoii, 
therefore,  that  the  rules  be  suspended,  for  the  purpose  of  hearing  and 
acting  upon  the  Eeport  of  said  Committee. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

Mr.  HODGES,  of  Pulaski,  on  behalf  of  the  Committee,  submitted  the 
following 

SEPOET  OF  COM^IITTEE  OX  THE  COXSTIT L'TIOX,  ITS  AREAXGEMENT 

AXD  PHEASEOLOGY. 

OOlTSTITUTIOlf  OP  THE  STATE  OP  ARKANSAS. 

PEEAMBLE. 

YTe,  the  people  of  the  State  of  Arkansas,  grateful  to  God  for"  our  civil  and 
rehgious  liberties,  and  desiring  to  perpetuate  its  blessings  and  secure  the  same 
to  ourselves  and  our  posterity,  do  ordain  and  establish  this  Constitution. 

ARTICLE  I. 

BILL  OF  RIGHTS. 

Section  Oxe.  All  political  power  is  inherent  in  the  people.  G-overnment  is 
instituted  for  the  protection,  security,  and  benefit  of  the  people;  and  they 
have  the  right  to  alter  or  reform  the  same  whenever  the  public  good  may 
require  it.  But  the  paramount  allegiance  of  every  citizen  is  due  to  the  Federal 
Government,  in  the  exercise  of  all  its  Constitutional  powers,  as  the  same  may 
have  been  or  may  be  defined  by  the  Supreme  Court  of  the  United  States;  and 
no  power  exists  in  the  people  of  this  or  any  oiher  State  of  the  Federal  Union, 
to  dissolve  their  connection  therewith,  or  perform  any  act  tending  to  impair, 
subvert,  or  resist  the  supreme  authority  of  the  United  States. 

The  Constitution  of  the  United  States  confers  full  powers  on  the  Federal 
Government,  to  maintain  and  perpetuate  its  existence;  and  whensoever  any 
portion  of  the  States,  or  the  people  thereof^  attempt  to  secede  from  the  Federal 
Union,  or  forcibly  resist  the  execution  of  its  laws,  the  Federal  Government 
^^7,  by  warrant  of  the  Constitution,  employ  armed  force  in  compelling  obedi- 
ence to  its  authority. 

Section  Two.  The  liberty  of  the  press  shall  forever  remain  inviolate.  The 
free  communication  of  thoughts  and  opinions  is  one  of  the  invaluable  rights  of 
man ;  and  all  persons  may  freely  speak,  write,  and  publish,  their  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  such  right. 

In  all  criminal  prosecutions  for  libel,  the  truth  may  be  given  in  evidence  to 
the  jury ;  and  if  it  shall  appear  to  the  jury  that  the  matter  charged  as  libellous 
is  true,  and  was  published  with  good  motives  and  for  justifiable  ends,  the  party 
shall  he  acquitted. 

(  583  ) 


1868.]  DEBATES  AND  PEOOEEDmGS  OF  THE  [Monday, 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


Section  Three.  The  equality  of  all  persons  before  the  law  is  recognized  and 
shall  ever  remain  inviolate  ;  nor  shall  any  person  ever  be  deprived  of  any  right, 
privilege,  or  immunity,  nor  exempted  from  any  burden  or  duty,  on  account  of 
race,  color,  or  previous  condition. 

Section  Four.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
together  for  their  common  good,  to  instruct  their  representatives,  and  to  peti- 
tion for  the  redress  of  grievances,  and  other  proper  purposes. 

Section  Five.  The  citizens  of  this  State  shall  have  the  right  to  keep  and 
bear  arms,  for  their  common  defence. 

Section  Six.  The  right  of  trial  by  jury  shall  remain  inviolate,  and  shall 
extend  to  all  cases  at  law,  without  regard  to  the  amount  in  controversy;  but 
a  jury  trial  may  be  waived  by  the  parties,  in  all  cases,  in  the  manner  prescribed 
by  law. 

Section  Seven.  Excessive  bail  shall  not  be  required,  nor  shall  excessive 
fines  be  imposed,  nor  shall  cruel  or  unusual  punishments  be  inflicted,  nor  wit- 
nesses be  unreasonably  detained. 

Section  Eight.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  county,  or  judi- 
cial district,  wherein  the  crime  shall  have  been  committed, — which  county,  or 
district,  shall  have  been  previously  ascertained  by  law, — and  to  be  informed  of 
the  nature  and  cause  of  the  accusation  against  him,  to  have  compulsory  pro- 
cess for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel 
in  his  defence. 

Section  Nine.  No  person  shall  be  held  to  answer  a  criminal  offence  unless 
on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases  of  impeach- 
ment, or  in  cases  of  petit  larceny,  assault,  assault  and  battery,  affray,  vagrancy, 
and  such  other  minor  cases  as  the  General  Assembly  shall  make  cognizable 
by  Justices  of  the  Peace,  or  arising  in  the  army  or  navy  of  the  United  States,  or 
in  the  militia  w^hen  in  actual  service,  in  time  of  war  or  public  danger ;  and  no 
person,  after  having  been  once  acquitted  by  a  jury,  for  the  same  offence,  shall 
be  again  put  in  jeopardy  of  life  or  liberty:  but  if,  in  any  criminal  prosecution, 
the  jury  shall  be  divided  in  opinion,  the  court  before  which  the  trial  shall  be 
had,  may,  in  its  discretion,  discharge  the  jury,  and  commit  or  bail  the  accused 
for  trial  at  the  same  or  the  next  term  of  said  court :  nor  shall  any  person  be 
compelled,  in  any  criminal  case,  to  be  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law.  All  persons  shall, 
before  conviction,  be  bailable  by  sufficient  sureties,  except  for  capital  offences 
—murder  and  treason, — when  the  proof  is  evident  or  the  presumption  great; 
and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when,  in  cases  of  rebellion  or  invasion,  the  pablic  safety  may  require. 

Section  Ten.  Every  person  is  entitled  to  a  certain  remedy,  in  the  laws, 
for  all  injuries  or  wrongs  which  he  may  receive  in  his  person,  property,  or  char- 
acter :  he  ought  to  obtain  justice  freely  and  without  purchase,  comj^letely  and 
without  denial,  promptly  and  without  delay  ;  conformably  to  the  laws. 

Section  Eleven.  Treason  against  the  State  shall  only  consist  in  levying 
war  against  the  same,  or  in  adhering  to  its  enemies,  giving  them  aid  and  com- 
(  584  ) 


Feb.  10th.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIO:n\  [27th  Day. 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Pliraseologr. 


fort.  Xo  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act.  or  on  confession  in  open  court. 

Section  Twelve.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated;  and  no  warrant  shall  issue  but  upon  probable  cause,  supported 
by  oath  or  affirmation,  and  particularly  describing  the  pUice  to  be  searched 
and  the  persons  or  things  to  be  seized. 

Section  Thirteen.  ZSTo  bill  of  attainder,  or  ex  jjost  facto  law.  nor  any  law 
impairing  the  obligation  of  contracts,  shall  ever  be  passed;  and  no  conviction 
shall  work  corruption  of  blood  or  forfeiture  of  estate. 

Section  Fourteen.  Xo  person  shall  be  imprisoned  for  debt  in  this  State ; 
but  this  shall  not  prevent  the  General  Assembly  from  providing  for  imprison- 
ment or  holding  to  bail  persons  charged  with  fraud  in  contracting  said  debt. 
A  reasonable  amount  of  property  shall  be  exempt  from  seizure,  or  sale,  for 
the  payments  of  debts  or  liabilities. 

Section  Fifteen.  Private  property  shall  not  be  taken  for  public  tise  with- 
out just  compensation  therefor. 

Section  Sixteen.  The  military  shall  be  subordinate  to  the  civil  power.  Xo 
standing  army  shall  be  kept  up  in  this  State  in  time  of  peace;  and  no  soldier 
shalL  in  time  of  peace,  be  quartered  in  any  house  without  the  consent  of  the 
owner,  nor  in  time  of  war  but  in  a  manner  prescribed  by  law. 

Section  Seventeen.  Suits  may  be  brought  by  or  against  the  State,  in  such 
manner  and  in  such  court  as  may  be  by  law  provided. 

Section  Eighteen.  The  General  Assembly  shall  not  grant  to  any  citizen  or 
class  of  citizens,  privileges  or  immunities  which  upon  the  same  terms  shall  not 
equally  belong  to  all  citizens. 

Section  Nineteen.  The  right  of  sutirage  shall  be  protected  by  laws  regu- 
lating elections,  and  prohibiting,  under  adequate  penalties,  all  undue  influence 
from  bribery,  tumult,  or  other  improper  conduct. 

Section  Twenty.  Foreigners  who  are  or  may  become  bona  fide  residents  of 
this  State,  shall  be  secured  the  same  rights,  in  resj^ect  to  the  acquisition,  pos- 
session, enjoyment,  and  descent,  of  property,  as  are  secured  by  native-born 
citizens. 

Section  Twenty-one.  Xo  religious  test  or  amount  of  property  shall  ever  be 
required  as  a  qualification  for  any  office  of  public  trust  under  the  State.  Ko 
religious  test  or  amount  of  property  shall  ever  be  required  as  a  qualification  of 
any  voter  at  any  election  in  this  State.  Xor  shall  any  person  be  rendered 
incompetent  to  give  evidence  in  any  court  of  law  or  equity  in  consequence  of 
his  opinion  upon  the  subject  of  religion.  And  the  mode  of  administering  an 
oath  or  affirmation  shall  be  such  as  shall  be  most  consistent  with  and  binding 
upon  the  conscience  of  the  person  to  whom  such  oath  or  affirmation  may  be 
administered. 

Section  Twenty-two.  Any  person  who  shall,  after  the  adoption  of  this  Con- 
stitution, fight  a  duel,  or  send  or  accept  a  challenge  for  that  purpose,  or  be 
aider  or  abettor  in  fighting  a  duel,  either  within  this  State  or  elsewhere,  shall 
thereby  be  deprived  of  the  right  of  holding  any  office  of  honor  or  profit  in  this 

(  585  ) 


1868.] 


DEBATES  AISTD  PEOCEEDmGS  OF  THE 


[Monday, 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Piiraseology. 


State,  and  shall  be  forever  disqualified  from  voting  at  any  election,  and  shall 
be  punished  otherwise  in  such  manner  as  may  be  prescribed  by  law. 

Section  Twenty-three.  Eeligion,  morality,  and  knowledge,  being  essen- 
tial to  good  government,  the  General  Assembly  shall  pass  suitable  laws  to  pro- 
tect every  religious  denomination  in  the  peaceable  enjoyment  of  its  own  mode 
of  public  worship,  and  to  encourage  schools,  and  the  means  of  instruction. 

Section  Twenty-four.  All  lands  in  this  State  are  declared  to  be  allodial; 
and  feudal  tenures  of  every  description,  with  all  their  incidents,  are  prohibited. 
Leases  and  grants  of  land  for  a  longer  period  than  twenty-one  3^ears,  hereafter 
made,  in  which  shall  be  reserved  any  rent  or  service  of  any  kind,  shall  be  held 
a  conveyance  in  fee  to  the  lessee. 

Section  Twenty-five.  The  action  of  the  Convention  of  the  State  of  Ar- 
kansas, which  assembled  in  the  City  of  Little  Eock  on  the  fourth  day  of  March, 
A.  D.  one  , thousand  eight  hundred  and  sixty-one  (1861),  was,  and  is,  null  and 
void.  All  the  action  of  the  State  of  Arkansas  under  the  authority  of  said  Con- 
vention, of  its  Ordinances  or  its  Constitution,  whether  legislative,  executive, 
judicial,  or  military,  was,  and  is  hereby,  declared  null  and  void.  And  no  debt 
or  liability  of  the  State  of  Arkansas,  incurred  by  the  action  of  said  Conven- 
tion, or  of  the  General  Assembly,  or  any  department  of  the  Government,  under 
the  authority  of  either,  shall  ever  be  recognized  as  obligatory. 

Provided :  That  this  Ordinance  shall  not  be  so  construed  as  to  affect  the 
rights  of  private  individuals,  arising  under  contracts  between  the  parties,  or  to 
change  county  boundaries  or  county-seats,  or  to  make  invalid  the  acts  of  jus- 
tices of  the  peace,  or  other  officers  in  their  authority,  to  administer  oaths,  or 
take  and  certify  the  acknowledgment  of  deeds  of  conveyance,  or  other  instru: 
ments  of  writing,  or  in  the  solemnization  of  marriage. 

AKTICLE  II. 

BOUNDARIES. 

We  do  declare  and  establish,  ratify  and  confirm,  the  following,  as  the  perma- 
nent boundaries  of  said  State  of  Arkansas :  that  is  to  say,  beginning  at  the 
middle  of  the  main  channel  of  the  Mississippi  Eiver,  on  the  parallel  of  thirty- 
six  degrees  north  latitude;  running  from  thence  west  with  the  said  parallel  to 
the  St.  Francis  Eiver;  thence  up  the  middle  of  the  main  channel  of  said  river, 
to  the  parallel  of  thirty-six  degrees,  thirty  minutes,  north ;  from  thence  west 
with  the  boundary  line  of  the  State  of  Missouri,  to  the  south-west  corner  of  the 
State;  and  thence  to  be  bounded  on  the  west  to  the  north  bank  of  Eed  Eiver, 
as  by  acts  of  Congress  and  treaties  heretofore  defining  the  western  limits  of 
the  Territory  of  Arkansas ;  and  to  be  bounded  on  the  south  side  of  Eed  Eiver 
by  the  boundary  line  of  the  State  of  Texas,  to  the  north-west  corner  of  the 
State  of  Louisiana;  thence  east  with  the  Louisiana  State  line,  to  the  middle  of 
the  main  channel  of  the  Mississippi  Eiver;  thence  up  the  main  channel  of  said 
river,  including  an  island  in  said  Eiver  known  as  "  Belle  Point  Island,"  to  the 
thirty-sixth  degree  of  north  latitude,  the  place  of  beginning. 
(  586  ) 


Feb.  lOth.]  AEKANSAS  CO^s^STITUTIOl^AL  CO:t^YE]S^TION.  [27th  Day. 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


AETICLE  III. 

The  seat  of  government  shall  be  at  Little  Eock,  where  it  is  now  established. 

AETICLE  lY. 

Section  One.  The  powers  of  government  are  divided  into  three  depart- 
ments,— the  Legislative,  the  Executive,  and  the  Judicial. 

Section  Two.  'No  person  belonging  to  one  department  shall  exercise  the 
powers  properly  belonging  to  another,  excepting  in  the  cases  expressly  pro- 
vided in  this  Constitution. 

AETICLE  Y. 

LEGISLATIVE  DEPARTMENT. 

Section  One.  Tiie  legislative  power  in  this  State  shall  be  vested  in  a  Gen- 
eral Assembly,  which  shall  consist  of  a  Senate  and  House  of  Eepresentatives. 

Section  Two.  The  General  Assembly  shall  meet  every  two  years,  on  the 
first  Monday  of  January,  at  the  seat  of  Government,  until  altered  by  law ;  but 
the  first  General  Assembly  elected  after  the  adoption  of  this  Constitution  shall 
meet  on  the  second  day  of  April,  A.L>.  one  thousand  eight  hundred  and  sixty- 
eight  (1868). 

Section  Three.  The  House  of  Eepresentatives  shall  consist  of  members 
chosen  every  second  year- by  the  qualified  electors  of  the  several  districts. 

Section  Four.  JSTo  person  shall  be  a  member  of  the  House  of  Eepresentatives 
who  shall  not  have  attained  the  age  of  twenty-one  years,  and  hsive  been  one 
year  a  resident  of  this  State;  who  shall  not  be  a  male  citizen  of  the  United 
States;  who  shall  not,  at  the  time  of  his  election,  have  an  actual  residence  in 
the  district  he  may  be  chosen  to  represent,  and  who  shall  not  be  a  qualified 
elector  as  provided  in  this  Constitution. 

Section  Five.  The  Senate  shall  consist  of  members  chosen  every  fourth 
year  by  the  qualified  electors  of  the  several  districts. 

Section  Six.  JSTo  person  shall  be  a  member  of  the  Senate,  who  shall  not  have 
attained  the  age  of  twenty-five  years,  and  have  been  one  year  a  resident  of  this 
State;  who  shall  not  be  a  male  citizen  of  the  United  States;  who  shall  not,  -at 
the  time  of  his  election,  have  an  actual  residence  in  the  district  he  may  be 
chosen  to  represent ;  and  who  shall  not  be  a  qualified  elector  as  provided  in  this 
Constitution. 

Section  Seven.  The  number  of  members  comprising  the  Senate  shall  be 
twenty-six;  and  of  the  House  of  Eepresentatives  eighty-two. 

Section  Eight.  The  General  Assembly  shall  provide  by  law  for  an  enumer- 
ation of  the  inhabitants  of  this  State  in  the  year  one  thousand  eight  hundred 
and  seventy-five,  and  every  tenth  year  thereafter;  and  the  first  General  As- 
sembly elected  after  each  enumeration  made  by  the  authority  of  the  United 
States  may  re-arrange  the  Senatorial  and  Eepresentative  districts,  according  to 

(  587  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


Report  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


the  number  of  the  inhabitants,  as  ascertained  by  such  enumeration  :  Provided^ 
That  there  shall  be  no  apportionment  other  than  that  made  in  this  Constitu- 
tion, until  after  the  enumeration  to  be  made  in  the  year  one  thousand  eight 
hundred  and  seventy-five. 

Section  JSTine.  Senators  shall  be  chosen  at  the  same  time  and  in  the  same 
manner  that  members  of  the  House  of  Eepresentatives  are  required  to  be. 
Senatorial  districts  shall  be  composed  of  convenient  contiguous  territory,  and 
no  Eepresentative  district  shall  be  divided  in  the  formation  of  a  Senatorial  one. 
The  Senatorial  districts  shall  be  numbered  in  regular  series,  and  the  term  of 
Senators  chosen  for  the  districts  designated  by  odd  numbers,  shall  expire  in 
two  years;  and  the  term  of  Senators  chosen  for  the  districts  designated  by 
even  numbers,  shall  expire  in  four  years;  but  thereafter  Senators  shall  be 
chosen  for  the  term  of  four  years,  excepting  when  an  enumeration  of  the  in- 
habitants of  the  State  is  made,  in  which  case,  if  a  rearrangement  of  the  Sena- 
torial districts  is  made,  the  regulation  above  stated  shall  govern  the  term  of 
office. 

Section  Ten.  Eemovals  of  Senators  and  Eepresentatives  from  their  respect- 
ive districts,  sh^ll  be  deemed  a  vacation  of  their  office. 

Section  Eleven.  No  person  holding  any  office  under  the  United  States,  or 
this  State,  or  any  county  office,  excepting  Postmasters,  Notaries  Public,  Of- 
ficers of  the  Militia,  and  Township  Officers,  shall  be  eligible  to,  or  have  a  seat 
in,  either  branch  of  the  General  Assembly;  and  all  votes  given  for  any  such 
person  shall  be  void. 

Section  Twelve.  Senators  and  Eepresentatives  shall  in  all  cases  (treason, 
felony,  or  a  breach  of  the  peace,  excepted)  be  privileged  from  arrest  during  the 
session  of  the  General  Assembly.  They  shall  not  be  subject  to  any  civil  pro- 
cess during  the  session  of  the  General  Assembly,  or  for  fifteen  days  next  before 
the  commencement  and  next  after  the  termination  of  each  session.  And  they 
shall  not  be  questioned,  in  any  other  place,  for  remarks  made  in  either  House. 

Section  Thirteen.  A  majority  of  the  members  of  each  House  shall  consti- 
tute a  quorum  to  transact  business;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members  in  such  manner  and 
under  such  penalties  as  each  House  may  prescribe. 

Section  Fourteen.  Each  House  shall  choose  its  own  officers,  determine  the 
rules  of  its  proceedings,  judge  of  the  qualifications,  election,  and  return  of  its 
members,  and  may,  with  the  concurrence  of  two-thirds  of  all  the  members 
elected,  expel  a  member;  but  no  member  shall  be  expelled  a  second  time  for 
the  same  cause,  or  for  any  cause  known  to  his  constituents  at  the  time  of  his 
election.  The  reasons  for  any  such  expulsion  shall  be  entered  upon  the  Journal 
with  the  names  of  the  members  voting  thereon. 

Section  Fifteen.  The  General  Assembly  shall  prescribe  by  law  the  manuer 
in  which  the  State  printing  shall  be  executed,  and  the  account  rendered  there- 
for, and  shall  prohibit  all  charges  for  constructive  labor.  They  shall  not 
rescind  or  alter  any  contract  for  such  printing,  or  release  the  person  or  per- 
sons taking  the  same,  or  his  or  their  securities,  from  the  performance  of  any  of 
the  provisions  of  such  contract. 
•    (  588  ) 


Feb.  10th.]  AEKAXSAS  COXSTITrXIOXAL  COXVEXTIOX.  [27th  D 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseolo^v. 


Section  Sixteen.  Each  House  shall  keep  a  Journal  of  its  proceedings,  and 
publish  the  same,  excepting  such  parts  as  may  require  secrecy.  The  yeas  and 
nays  of  the  members  of  either  House,  upon  any  rj_u.estion.  shall  be  entered  on  the 
Journ'al.  at  the  rec|U.est  of  live  members.  Any  member  of  either  House  mav 
dissent  and  protest  against  any  act.  proceeding,  or  resolution.  Trhich  he  mav 
deem  injurious  to  any  person  or  the  public,  and  have  the  reason  of  his  dissent 
entered  on  the  Journal. 

Sectiox  Sevexteex.  In  all  elections  by  either  House,  or  in  joint  convention, 
the  votes  shall  be  given  vica  voce.  All  votes  on  nominations  to  the  Senate 
shall  be  taken  by  yeas  and  nays,  and  published  in  the  Journal  of  its  proceedings. 

.Sectiox  Eighteex,  The  doors  of  each  House  shall  be  open,  unless  the  public 
■welfare  requires  secresy.  Xeither  House  shall.  Tvithout  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place  than  where 
the  General  Assembly  may  then  be  in  session. 

Sectiox  Xixeteex.  Bills  may  originate  in  either  House  of  the  General 
Assembly:  but  all  bills  for  raising  revenue  shall  originate  in  the  House  of 
Eepresentatives  ]  though  the  Senate  may  propose  amendments  as  on  other 
bills. 

Sectiox  Twextt.  Xo  portion  of  the  public  funds  or  property  shall  ever  be 
appropriated  by  virtue  of  any  resolution.  Xo  appropriation  shall  be  made 
except  by  a  bill  duly  passed  tor  that  purpose. 

Sectiox  Tvtexty-oxe.  Every  bill  and  joint  resolution  shall  be  read  three 
times,  on  different  days,  in  each  House,  before  the  final  passage  thereof  unless 
two-thirds  of  the  House  where  the  same  is  pending  shall  dispense  with  the 
rules.  Xo  bill  or  joint  resolution  shall  become  a  law  without  the  concurrence 
of  a  majority  of  all  the  members  voting.  On  the  final  passage  of  all  bills,  the 
vote  shall  be  taken  by  yeas  and  nays,  and  entered  on  the  Journal. 

Sectiox  Twexty-tayo.  Xo  act  shall  embrace  more  than  one  subject,  which 
shall  be  embraced  in  its  title.  Xo  public  act  shall  take  effect  or  be  in  force 
until  ninety  days  from  the  expiration  of  the  session  at  which  the  same  is 
passed,  unless  it  is  otherwise  provided  in  the  act, 

Sectiox  Twexty-three.  Xo  law  shall  be  revised,  altered,  or  amended,  by 
reference  to  its  title  only:  but  the  act  revised,  and  the  section  or  sections  of 
the  act  as  altered  or  amended,  shall  be  enacted  and  published  at  length. 

Sectiox  Twexty-eoeb..  Xo  new  bill  shall  be  introduced  into  either  House 
during  the  last  three  days  of  the  session,  without  the  unanimous  consent  of 
the  House  in  which  it  originated. 

Sectiox  Twexty-eive.  The  Cxeneral  Assembly,  at  its  first  session,  shall  pro- 
vide suitable  laws  for  the  registration  of  qualified  electors,  and  for  the  preven- 
tion of  frauds  in  elections. 

Sectiox  Twexty-six.  Tlie  General  Assembly  shall  provide  for  the  speedy 
publication  of  all  statute  laws  of  a  public  nature,  and  of  such  judicial  decisions 
as  it  may  deem  expedient.  All  laws  and  decisions  shall  be  free  for  publication 
by  any  person. 

Section  Twexty-sevex,  The  style  of  the  laws  of  the  State  shall  be.  Be  it 
enacted  by  the  Gi-eneral  Assembly  of  the  State  of  Arkansas/-' 

(  559  ) 


1868.] 


DEBATES  AE^D  PEOCEEDINGS  OF  THE 


[Monday, 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


Section  Twenty-eight.  The  General  Assembly  may  enact  laws  providing 
for  county,  township,  or  precinct  governments. 

Section  Twenty-nine.  It  shall  be  the  duty  of  the  General  Assembly,  from 
time  to  time,  as  circumstances  may  require,  to  form  and  adopt  a  penal  code, 
formed  on  principles  of  reformation. 

Section  Thirty.  The  General  Assembly  shall  not  change  the  venue  in  any 
criminal  or  penal  prosecution ;  but  shall  provide  for  the  same  by  general  laws. 

Section  Thirty-one.  The  General  Assembly  may  pass  laws  authorizing  ap- 
peals in  criminal  or  penal  cases,  and  regulating  the  right  of  challenge  of  jurors 
therein. 

Section  Thirty-two.  The  General  Assembly  shall  direct,  by  law,  when  and 
how  juries  shall  be  selected  from  judicial  districts,  in  criminal  and  civil  cases. 

Section  Thirty-three.  The  General  Assembly  shall  regulate,  by  law,  by 
whom,  and  in  what  manner,  writs  of  elections  shall  be  issued  to  fill  the  vacan- 
cies which  may  happen  in  either  branch  thereof. 

Section  Thirty-four.  The  General  Assembly  may  declare  the  cases  in  which 
any  ofiice  shall  be  deemed  vacant,  and  also  for  the  manner  of  filling  the  va- 
cancy, where  no  provision  is  made  for  that  purpose  in  this  Constitution. 

Section  Thirty-five.  Every  bill  and  concurrent  resolution,  except  of  ad- 
journment, passed  by  the  General  Assembly,  shall  be  presented  to  the  Governor 
for  approval  before  it 'becomes  a  law.  If  he  approve,  he  shall  sign  it;  if  not, 
he  shall  return  it,  with  his  objections,  to  the  House  in  which  it  originated;  which 
shall  enter  the  objections  at  large  upon  its  Journal,  and  reconsider  it.  On  such 
reconsideration,  if  a  majority  of  the  members  elected  agree  to  pass  the  bill,  it 
shall  be  sent,  with  the  objections,  to  the  other  House,  by  which  it  shall  be  recon- 
sidered. If  approved  by  a  majority  of  the  members  elected  to  that  House,  it 
shall  become  a  law.  In  such  cases  the  vote  of  both  Houses  shall  be  determined 
by  yeas  and  nays;  and  the  names  of  the  members  voting  for  and  against  the 
bill  shall  be  entered  on  the  Journal  of  each  House  respectively.  If  any  bill 
be  not  returned  by  the  Governor  within  three  days  (Sundays  excepted)  after 
it  has  been  presented  to  him,  the  same  shall  become  a  law  in  like  manner  as  if 
be  had  signed  it,  unless  the  General  Assembly,  by  their  adjournment,  prevent 
its  return,  in  which  case  it  shall  not  become  a  law.  The  Governor  may  ap- 
prove, sign,  and  file  a  bill  in  the  office  of  the  Secretary  of  State,  within  three 
days  after  the  adjournment  of  the  General  Assembly,  any  Act  passed  during 
the  last  three  days  of  the  session,  and  the  same  shall  become  a  law. 

Section  Thirty-six.  Each  House  may  punish,  by  imprisonment,  during  its 
session,  any  person,  not  a  member,  who  shall  be  guilty  of  any  disorderly  or 
contemptuous  behavior  in  their  presence ;  but  no  imprisonment  shall  at  any 
time  exceed  twenty-four  hours. 

Section  Thirty-seven.  No  citizen  of  this  State  shall  be  disfranchised,  or 
deprived  of  any  of  the  rights  or  privileges  secured  to  any  citizen  thereof,  unless 
the  same  is  done  by  the  law  of  the  land,  or  the  judgment  of  his  peers,  except 
as  hereinafter  provided.  There  shall  be  neither  slavery  nor  involuntary  servi- 
tude, either  by  indentures,  apprenticeships,  or  otherwise,  in  the  State,  except 


\ 

(  590  ) 


Feb.  lOtb.]  AEKAXSAS  COXSTITUTIOXAL  COXTEXTIOX.  [27th  Day 


Eeport  of  Comniiitee  on  the  Constitution,  its  Arrangement  and  Phraseology, 

for  the  jDunisliment  of  crime,  whereof  the  party  shall  have  been  duly  con- 
victed. 

.Sectiox  Thirty-eight.  The  General  Assembly  shall  have  no  power  to  make 
compensation  for  emancipated  slaves. 

Sectiox  Thirty-xixe.  The  General  Assembly  shall  have  no  power  to  grant 
divorces,  to  change  the  names  of  individuals,  or  to  direct  the  sale  of  estates 
belongino;  to  infants  or  other  persons  laboring  under  legal  disabilities,  bv 
special  legislation  ;  but.  by  general  laws,  shall  confer  such  powers  on  ihe 
courts  of  justice.  ^ 

Sectiox  Forty.  The  General  Assembly  shall  not  authorize,  by  private  or 
special  law.  the  sale  or  conveyance  of  any  real  estate  belonging  to  any  person, 
or  vacate  or  alter  any  road  land  but  by  legal  authority,  or  any  street  in  any 
city  or  village,  or  in  any  recorded  town  plot  ;  but  shall  provide  for  the  same 
by  general  laws. 

Sectiox  Forty-oxe.  The  General  Assembly  shall  not  authorize  any  lottery, 
and  shall  prohibit  the  sale  of  lottery  tickets. 

Sectiox  Forty-two.  In  case  of  a  contested  election,  only  the  claimant  de- 
tided  entitled  to  the  seat,  in  either  House  in  which  the  contest  may  take  place, 
shall  receive,  from  the  State,  jjtfr  d'Hn  compensation,  and  mileage. 

Sectiox  Forty-three.  2!v"o  collector,  holder,  or  disburser.  of  public  moneys, 
-ball  have  a  seat  in  the  General  Assembly,  or- be  eligible  to  any  office  of  trust 
or  profit  under  this  State,  tmtil  he  shall  have  accounted  for.  and  paid  over,  as 
provided  by  law.  all  stims  for  which  he  is  liable. 

Sectiox  Forty-eoer.  The  General  Assembly  shall  have  power  to  alter  and 
regulate  the  jurisdiction  and  proceedings  in  law  and  equity,  subject  to  the  pro- 
visions of  this  Constitution. 

Sectiox  Forty-eive.  The  General  Assembly  shall  direct,  by  law.  in  what 
manner,  and  in  what  courts,  suits  may  be  brought  by  and  against  the  State. 

Sectiox  Forty-six.  It  shall  be  the  duty  of  the  General  Assembly  to  make 
adequate  provision  for  the  maintenance  of  paupers  throtighout  the  State, 

Sectiox  Ftirty-sea^ex.  The  General  Assembly  shall  not  have  power  to  au- 
thorize any  municipal  corporation  to  pass  any  laws  contrary  to  the  general  laws 
of  the  State,  or  to  levy  any  tax.  on  real  or  personal  property,  to  a  greater  ex- 
tent than  two  per  centum  of  the  assessed  value  of  the  same. 

Sectiox  Forty-eight.  The  General  Assembly  shall  pass  no  special  act  con- 
ferring corporate  powers.  Corporations  may  be  formed  under  general  laws  : 
but  all  such  laws  may.  from  time  to  time,  be  altered  or  repealed.  Dues  from 
corporations  shall  be  secured  by  such  individual  liability  of  the  stockholders, 
and  other  means,  as  may  be  prescribed  by  law  ;  but  in  all  cases  each  stock- 
holder shall  be  liable,  over  and  above  the  stock  by  him  or  her  owned,  and  any 
amount  unpaid  thereon,  to  a  further  sum  at  least  equal  in  amount  to  such  stock. 
The  property  of  corporations,  now  existing  or  hereafter  created,  shall  forever 
be  subject  to  taxation,  the  same  as  the  property  of  individuals.  Xo  right  of 
way  shall  be  appropriated  to  the  use  of  any  corporation  until  full  compensa- 
tion therefor  shall  be  first  made  in  money,  or  first  secured  by  a  deposit  of 
money,  to  the  owner,  irrespective  of  any  benefit  froin  any  improvement  pro- 

(  591  ) 


1868.]      .         DEBATES  AND  PEOCEEDINGS  OE  THE  [Monday, 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


posed  by  such  corporation;  which  compensation  shall  be  ascertained  by  a  jury 
of  twelve  men,  in  a  court  of  record,  as  shall  be  prescribed  by  law. 

Section  Forty-nine.  The  General  Assembly  shall  provide  for  the  organiza- 
tion of  cities  and  incorporated  villages,  by  general  laws,  and  restrict  their  power 
of  taxation,  assessment,  borrowing  money,  contracting  debts,  and  loaning  their 
■  credit,  so  as  to  prevent  the  abuse  of  such  power. 

Section  Fifty.  All  corporations  with  banking  and  discounting  privileges 
sha^l,  preparatory  to  issuing  bills  as  currency,  deposit  the  bonds  of  this  State, 
equal  in  amount  to  the  capital  stock  of  such  corporation,  with  the  Auditor  of 
State,  who  shall  not  permit  an  issue  of  circulation  exceeding  eighty  ^er  centum 
of  the  amount  of  bonds  so  deposited,  such  circulation  being  receivable  for  all 
taxes  and  dues  to  the  State ;  and  the  individual  liability  of  stockholders  shall 
be  as  hereinbefore  directed  :  Provided,  That  corporations  chartered  or  existing 
under  any  act  of  the  Congress  of  the  United  States,  shall  be  exempted  from 
these  provisions. 

Section  Fifty-one.  The  General  Assembly,  on  the  day  of  final  adjournment, 
shall  adjourn  at  12  o'clock,  at  noon. 

AKTICLE  yi. 

executive  department. 

Section  One.  The  Executive  Department  of  this  State  shall  consist  of  a 
Governor,  Lieutenant-Governor,  Secretary  of  State,  Auditor,  Treasurer,  At- 
torney-General, and  Superintendent  of  Public  Instruction;  all  of  whom  shall 
hold  their  several  ofiiees  for  the  -term  of  four  years,  and  until  their  successors 
are  elected  and  qualified.  They  shall  be  chosen  by  the  qualified  electors  of 
this  State,  at  the  time  and  places  of  choosing  the  members  of  the  General  As- 
sembly. 

Section  Two.  The  Supreme  executive  power  of  this  State  shall  be  vested 
in  the  Governor. 

Section  Three.  No  person  shall  be  eligible  to  the  ofl&ce  of  Governor  or 
Lieutenant-Governor,  who  shall  not  have  attained  the  age  of  twenty-five  years, 
who  shall  not  have  been  five  years  a  citizen  of  the  United  States,  who  shall 
not,  at  the  time  of  his  election,  have  had  an  actual  residence  in  this  State  for 
one  year  next  preceding  his  election,  and  who  shall  not  be  a  qualified  elector 
as  prescribed  in  this  Constitution. 

Section  Four.  In  elections  for  Governor  and  Lieutenant-Governor,  the  per- 
son having  the  highes.t  number  of  votes  shall  be  declared  elected.  But  in  case 
that  two  or  more  persons  shall  have  an  equal,  and  the  highest,  number  of  votes 
for  Governor  or  Lieutenant-Governor,  the  General  Assembly  shall,  by  joint 
vote,  choose  one  of  such  persons.  The  Governor  shall  be  Commander-in-Chief 
of  the  military  and  naval  forces  of  the  State,  and  may  call  out  such  forces  to 
execute  the  laws,  suppress  insurrections,  repel  invasions,  or  preserve  the  public 
jDeace.  He  shall  transact  all  necessary  business  with  other  officers  of  the  State 
Government,  and  may  require  information,  in  writing,  of  the  officers  of  the 
(  592  ) 


Feb.  10th.]  AEKANSAS  COJN^STITUTIOXAL  CO^VE^^TIO^.  [27th  Day. 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


Executive  Department,  upon  any  subject  pertaining  to  the  duties  of  their  re- 
spective offices. 

Section  Five.  It  shall  be  the  duty  of  the  Governor  to  see  that  the  laws  are 
faithfully  executed. 

Section  Six.  He  may  convene  the  Legislature  on  extraordinary  occasions. 

Section  Seven.  He  shall  give  to  the  General  Assembly,  and,  at  the  close  of 
his  official  term,  to  the  next  General  Assembly,  information,  by  message,  con- 
cerning the  condition  of  the  State,  and  recommend  such  measures  to  their  con- 
sideration as  he  may  deem  expedient. 

Section  Eight.  He  ma}^  convene  the  General  Assembly  at  some  other  place 
when  the  seat  of  government  becomes  dangerous  from  the  prevalence  of  dis- 
ease, or  the  presence  of  a  common  enemy. 

Section  Nine.  He  may  grant  reprieves,  pardons,  and  commutations,  after 
conviction,  for  all  offences,  except  treason  and  cases  of  impeachment,  upon  such 
conditions  and  with  such  restrictions  and  limitations  as  he  may  think  proper ; 
subject,. however,  to  such  regulations  as  may  be  prescribed  by  law  relative  to 
the  manner  of  applying  for  pardons.  Upon  conviction  for  treason  he  may 
suspend  execution  of  the  sentence  until  the  matter  shall  be  reported  to  the 
General  Assembly  at  its  next  session,  when  the  General  Assembly  shall  either 
pardon,  commute  the  sentence,  direct  the  execution  of  the  same,  or  grant  a 
further  reprieve.  The  Governor  shall  communicate  to  the  General  Assembly, 
at  each  session,  information  concerning  each  case  of  pardon,  reprieve,  or  com- 
mutation, granted,  and  the  reasons  therefor. 

Section  Ten.  In  case  of  the  impeachment  of  the  Governor,  his  removal 
from  office,  death,  resignation,  inability,  or  removal  from  the  State,  the  powers 
and  duties  of  the  Governor  shall  devolve  upon  the  Lieutenant-Governor  during 
the  residue  of  the  term,  or  until  the  disabilities  of  the  Governor  are  removed. 

Section  Eleven.  During  a  vacancy  in  the  office  of  Governor,  if  the  Lieu- 
tenant-Governor resign,  be  impeached,  displaced,  absent  from  the  State,  or  in- 
capable of  acting,  the  President  pi'o  tempore  of  the  Senate  shall  act  as  Gov- 
ernor until  the  vacancy  be  filled,  or  the  disability  cease. 

Section  Twelve.  The  Lieutenant-Governor  shall,  by  virtue  of  his  office,  be 
President  of  the  Senate;  and  when  there  is  an  equal  division  he  shall  give  the 
casting  vote. 

Section  Thirteen,  member  of  Congress,  or  any  person  holding  any 
office  under  the  United  States  or  this  State,  shall  execute  the  office  of  Gov- 
ernor. 

Section  Fourteen.  The  Lieutenant-Governor,  and  the  President  of  the  Sen- 
ate pro  tempore,  while  performing  the  office  of  Governor  shall  receive  the  same 
compensation  as  the  Governor. 

Section  Fifteen.  All  official  acts  of  the  Governor — his  approval  of  the 
laws  excepted — shall  be  authenticated  by  the  Great  Seal  of  the  State,  which 
seal  shall  be  kept  by  the  Secretary  of  State. 

Section  Sixteen.  The  Governor  shall,  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  a  convenient  number  of  Notaries  Public,  not  to  exceed 


38 


(  593  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


six  for  each  county,  who  shall  discharge  such  duties  as  are  now,  or  as  may 
hereafter  be,  prescribed  by  law. 

Section  Seventeen.  All  commissions  issued  to  persons  holding  office  under 
the  provisions  of  this  Constitution,  shall  be  in  the  name  and  by  the  authority 
of  the  people  of  the  State  of  Arkansas,  sealed  with  the  great  seal  of  the  State, 
signed  by  the  Governor,  and  countersigned  by  the  Secretary  of  State. 

Section  Eighteen.  The  Governor,  Chief  Justice,  Secretary  of  State,  Treasur- 
er, Auditor,  Attorney-General,  and  Superintendent  of  Public  Instruction,  shall 
severally  reside,  and  keep  all  public  records,  books,  papers,  and  documents, 
which  may  pertain  to  their  respective  offices,  at  the  seat  of  government. 

Section  Nineteen.  The  returns  of  every  election  for  Governor,  Lieutenant- 
Governor,  Secretary  of  State,  Treasurer,  Auditor,  Attorney-General,  and  Super- 
intendent of  Public  Instruction,  shall  be  sealed  up  and  transmitted  to  the  seat 
of  Government,  by  the  returning  officers,  and  directed  to  the  presiding  officer 
of  the  Senate,  who,  during  the  first  week  of  the  session,  shall  open  and  publish 
the  same  in  presence  of  the  members  there  assembled.  The  person  having  the 
highest  number  of  votes  shall  be  declared  elected;  but  if  two  or  more  shall 
have  the  highest  and  equal  number  of  votes  for  the  same  office,  one  of  them 
shall  be  chosen  by  a  joint  vote  of  both  Houses.  Contested  elections  shall 
likewise  be  determined  by  both  Houses  of  the  General  Assembly,  in  such  man- 
ner as  is  or  may  hereafter  be  prescribed  by  law. 

Section  Twenty.  The  Secretary  of  State  shall  keep  a  fair  record  of  all  official 
acts  and  proceedings  of  the  Governor,  and  shall,  when  required,  lay  the  same, 
and  all  papers,  minutes,  and  vouchers,  relating  thereto,  before  the  General  As- 
sembly, and  shall  perform  such  other  duties  as  are  now  or  may  hereafter  be 
prescribed  by  law. 

Section  Twenty-one.  The  Auditor,  Treasurer,  Attorney-General,  and  Sup- 
erintendent of  Public  Instruction,  shall  perform  such  duties  as  are  how  or  may 
hereafter  be  prescribed  by  law. 

Section  Twenty-two.  In  the  case  of  the  death,  impeachment,  removal  from 
the  State,  or  other  disability,  of  the  Secretary  of  State,  Treasurer,  Auditor, 
Attorney-General,  and  Superintendent  of  Public  Instruction,  the  vacancies  in 
their  several  offices,  thus  occasioned,  shall  be  filled  by  appointment  by  the 
Governor,  which  appointment  shall  be  made  for  the  unexpired  terms  of  said 
officers,  or  until  said  disabilities  are  removed,  or  until  elections  are  held  to  fill 
said  vacancies. 

Section  Twenty-three.  Until  the  General  Assembly  shall  otherwise  pro- 
vide, the  Governor  shall  appoint  a  suitable  person,  who  shall  be  styled  Com- 
missioner of  Public  Works  and  Internal  Improvements,  to  superintend  all  pub- 
lie  works  which  may  be  carried  on  by  the  State,  and  have  a  supervising  control 
over  all  internal  improvements  in  which  the  State  is  interested;  and,  until  other- 
wise provided  by  the  General  Assembly,  he  shall  be  ex  officio  Commissioner  of 
Immigration  and  of  State  Lands,  and  shall  perform  such  other  duties  as  may 
be  prescribed  by  law.  He  shall  receive  for  his  services  the  same  salary  as  pro- 
vided by  law  for  the  Auditor  of  State. 

Section  Twenty-four.  The  officers  of  the  Executive  Department,  mentioned 

(  594  ) 


Feb.  10th.]  AEKAI^SAS  CO^s^STITUTIOjN^AL  COJv^YEIS^TIOK  [27th  Day. 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


in  this  article,  shall,  at  stated  times,  receive  for  their  services  a  compensation 
to  be  established  bj  law,  which  shall  not  be  diminished  daring  the  period  for 
which  they  shall  have  been  elected  or  appointed. 

Section  Twenty-five.  The  officers  of  the  Executive  Department  and  Judges 
of  the  Supreme  Court  shall  not  be  eligible,  during  the  period  for  which  they 
shall  have  been  elected  or  appointed  to  their  respective  offices,  to  any  position 
in  the  gift  of  the  qualified  electors,  or  of  the  General  Assembly,  of  this  State. 

Section  Twenty-six.  The  returns  of  every  election  for  State,  County,  and 
Judicial  Officers,  not  herein  provided  for,  shall  be  sealed  up  and  transmitted  to 
the  seat  of  Government,  by  the  returning  officers,  and  directed  to  the  Secretary 
of  State,  who  shall  open  and  publish  the  same  ;  and  the  persons  so  elected  shall 
be  duly  commissioned  by  the  Governor. 

AETICLE  YII. 
JUDICIARY. 

Section  One.  The  judicial  power  of  the  State  shall  be  vested  in  the  Senate 
sitting  as  a  Court  of  Impeachment,  a  Supreme  Court,  Circuit  Courts,  and  such 
other  Courts  inferior  to  the  Supreme  Court  as  the  General  Assembly  may  from 
time  to  time  establish. 

Section  Two.  The  House  of  Eepresentatives  shall  have  the  sole  power  of 
impeachment.  All  impeachments  shall  be  tried  by  the  Senate.  When  sitting 
for  that  purpose,  the  Senators  shall  be  upon  oath  or  affirmation;  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  members 
thereof.  The  Chief  Justice  shall  preside,  and  the  Secretary  of  State  shall  act 
as  clerk  of  this  Court :  Provided^  that  in  case  of  the  trial  of  either  of  them,  the 
person  appointed  temporarily  to  perform  the  duties  of  the  office  shall  act.  The 
Governor,  and  all  other  civil  officers  under  this  State,  shall  be  liable  to  im- 
peachment for  any  misconduct  or  mal-administration  of  their  respective  offices; 
but  judgment  in  such  cases  shall  not  extend  further  than  to  removal  from 
office  and  disqualification  to  hold  any  office  of  honor,  trust,  or  profit,  under  this 
State.  The  party,  whether  convicted  or  acquitted,  shall  nevertheless  be  liable 
to  indictment,  trial,  and  judgment,  according  to  law. 

Section  Three.  Two  terms  of  the  Supreme  Court  shall  be  held  at  the  seat 
of  government,  annually :  Provided,  that  the  General  Assembly  may  provide 
by  law  for  holding  said  Court  at  three  other  places.  The  Supreme  Court  shall 
consist  of  one  Chief  Justice,  who  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  for  the  term  of  eight  years,  and 
four  Associate  Justices,  who  shall  be  chosen  by  the  qualified  electors  of  the 
State  at  large,  for  the  term  of  eight  years  :  Provided,  that  two  of  the  Associate 
Justices  first  chosen  under  this  Constitution  shall  serve  for  four  years  after 
the  next  general  election  ;  and  two  of  them  for  eight  years  after  said  election, — 
said  times  to  be  determined  by  lot, — but  thereafter  the  ilssociate  Justices  shall 
be  chosen  for  the  full  term. 

Section  Four.  The  Supreme  Court  shall  have  general  supervision  and  con- 

(  595  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OE  THE 


[Monday, 


Report  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


trol  over  all  inferior  courts  of  law  and  equity.  It  shall  have  power  to  issue 
writs  of  error,  supersedeas,  certiorari,  habeas  corpus,  mandamus,  quo  warranto,  and 
other  remedial  writs,  and  to  hear  and  determine  the  same.  Final  judgments 
in  the  inferior  courts  may  be  brought,  by  writ  of  error,  or  by  appeal,  into  the 
Supreme  Court,  in  such  manner  as  may  be  prescribed  by  law. 

Section  Five.  The  inferior  courts  of  the  State,  as  now  constituted  hy  law, 
except  as  hereinafter  provided,  shall  remain  with  the  same  jurisdiction  as  they 
now  possess :  Provided,  that  the  G-eneral  Assembly  may  provide  for  the  estab- 
lishment of  such  inferior  courts,  changes  of  jurisdiction,  or  abolition  of  exist- 
ing inferior  courts,  as  may  be  deemed  requisite.  The  judges  of  the  inferior 
courts  herein  provided  for,  or  of  such  as  may  hereafter  be  established  by  law, 
shall  be  appointed  by  the  G-overnor,  by  and  with  the  advice  and' consent  of  the 
Senate,  for  the  term  of  six  years,  and  until  such  time  as  the  General  Assembly/ 
may  otherwise  direct:  Provided,  that  the  General  Assembly  shall  not  interfere 
with  the  term  of  office  of  any  judge. 

Section  Six.  All  writs  and  other  processes  shall  run  in  the  name  of  the 
State  of  Arkansas,  and  bear  teste  and  be  signed  by  the  clerks  of  the  respective 
courts  from  which  they  issue.  Indictments  shall  conclude, — Against  the  peace 
and  dignity  of  the  State  of  Arkansas." 

Section  Seven.  No  judge  shall  preside  on  the  trial  of  an}^  cause  in  the 
event  of  which  he  may  be  interested,  or  where  either  of  the  parties  shall  be 
connected  with  him  by  affinity  or  consanguinity,  within  such  degree  as  may 
be  prescribed  by  law,  or  in  which  he  may  have  been  counsel,  or  have  presided 
in  any  inferior  court. 

Section  Eight.  In  case  all  or  any  of  the  Judges  of  the  Supreme  Court  shall 
be  disquaHfied  from  presiding  on  any  cause  or  causes,  the  court  or  judges 
thereof  shall  certify  the  same  to  the  Governor  of  the  State,  and  he  shall 
immediately  commission  specially  the  required  number  of  men,  learned  in  the 
law,  for  the  trial  and  determination  thereof. 

Section  ^^"ine.  Whenever,  at  ten  o'clock,  a.m.,  of  the  second  day  of  any  term 
of  the  inferior  courts  of  this  State,  the  judge  thereof  is  not  present,  or  if  pres- 
ent, and  he  cannot  for  any  cause  properly  preside  at  the  trial  of  any  case  then 
pending  therein,  the  attorneys  of  said  courts,  then  present,  may  elect  a  special 
judge,  who  shall  preside  during  the  trial  of  such  case  or  cases,  or  shall  hold 
said  court  until  the  appearance  of  the  regular  judge  thereof.  The  proceedings 
in  such  cases  shall  be  entered  at  large  upon  the  Journal. 

Section  Ten.  The  judges  of  the  inferior  courts  may  temporarily  exchange 
circuits,  or  hold  courts  for  each  other,  under  such  regulations  as  may  be  pre 
scribed  by  law. 

Section  Eleven.  Judges  shall  not  charge  juries  with  regard  to  matters  of 
fact,  but  shall  declare  the  law.  In  all  trials  by  jury  the  judges  shall  give  their 
instructions  and  charges  in  writing;  and  if  the  trial  is  by  the  court,  he  shall 
reduce  to  writing  his  findings  upon  the  facts  in  the  case,  and  shall  declare  the 
law  in  the  same  manner  he  is  required  to  do  when  instructing  juries. 

Section  Twelve.  Any  judge  whose  appointment  or  election  is  herein  pro- 
vided for,  shall  be  at  least  twenty-five  years  of  age,  a  qualified  elector  of  this 
(  596  ) 


Feb.  10th,]  AEKA^^SAS  CONSTITUTIONAL  CONTENTION.  [27th  Day. 

 c  

Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


State,  and  shall  have  been  for  one  year  an  actual  resident  of  the  State,  and  shall 
reside  in  the  circuit  or  district  to  which  he  may  be  appointed  or  elected. 

Section  Thirteen.  The  Judges  of  the  Supreme  and  inferior  courts  shall,  at 
stated  times,  receive  a  compensation  for  their  services,  as  is  now  or  may  here- 
after be  provided  by  law,  and  which  shall  not  be  diminished  during  the  re- 
spective terms  for  which  they  may  be  elected  or  appointed. 

Section  Fourteen.  The  inferior  courts  shall  hold  annually  such  terms  as  the 
General  Assembly  may  direct. 

Section  Fifteen.  All  appeals  from  inferior  courts  shall  be  taken  in  such 
manner  and  to  such  courts  as  may  be  provided  by  law  :  appeals  may  be  taken 
from  courts  of  Justices  of  the  Peace,  to  such  courts,  and  in  such  manner,  as  may 
be  prescribed  by  law. 

Section  Sixteen.  When  a  vacancy  occurs  in  the  office  of  Judge  of  the  Su- 
preme or  any  of  the  inferior  courts,  it  shall  be  filled  by  appointment  of  the 
Governor ;  which  appointee  shall  hold  his  office  the  residue  of  the  unexpired 
term,  and  until  his  successor  is  elected  and  qualified. 

Section  Seventeen.  The  Supreme  Court,  and  such  other  courts  as  may  be 
established  by  law,  shall  be  courts  of  record,  and  shall  each  have  a  common 
seal. 

Section  Eighteen.  The  Supreme  Court  shall  appoint  a  Clerk  of  such  Court, 
and  also  a  Eeporter  of  its  decisions.  The  decisions  of  the  Supreme  Court  shall 
be  in  writing,  and  signed  by  the  Judges  concurring  therein  :  any  Judge  dis- 
senting therefrom  shall  give  the  reasons  of  such  dissent  in  writing,  under  his 
signature  :  all  such  decisions  shall  be  filed  in  the  office  of  the  Clerk  of  the  Su- 
preme Court,  and  be  published  in  such  manner  as  the  G-eneral  xissembly  may 
direct.  The  Clerk  and  Eeporter  shall  hold  their  respective  offices  for  the  term 
of  six  years,  subject  to  removal  by  the  Court,  for  cause. 

Section  Nineteen.  A  County  Clerk  shall  be  elected  by  the  qualified  electors 
in  each  organized  county  in  this  State,  for  the  term  of  four  years,  and  shall  per- 
form such  duties  and  receive  such  fees  as  are  now  or  may  hereafter  be  pre- 
scribed by  law. 

Section  Twenty.  In  each  township  in  this  State  there  shall  be  elected,  by 
the  qualified  electors  thereof,  two  Justices  of  the  Peace,  who  shall  hold  their 
offices  for  the  term  of  four  years.  Provided^  that  in  such  townships  as  may 
contain  more  than  two  hundred  qualified  electors,  an  additional  Justice  of  the 
Peace  maybe  chosen.  Justices  of  the  Peace  shall  have  exclusive  originiil  juris- 
diction in  all  actions  of  contract  and  replevin  where  the  amount  in  controversy 
does  not  exceed  two  hundred  dollars,  and  concurrent  jurisdiction  with  the  Cir- 
cuit Court  when  the  amount  in  controversy  does  not  exceed  five  hundred  dol- 
lars. In  criminal  cases  the  jurisdiction  of  Justices  of  the  Peace  shall  extend 
to  all  matters  less  than  felony,  for  final  determination  and  judgment. 

Section  Twenty-one.  Any  suitor  in  any  court  in  this  State  shall  have  the 
right  to  prosecute  or  defend  his  suit  in  his  own  proper  person,  or  by  attorney. 

Section  Twenty-two.  In  the  courts  of  this  State  there  shall  be  no  exclusion 
of  any  witness,  in-civil  actions,  because  he  is  a  party  to  or  is  interested  in  the  issue 
to  be  tried  ;  and  no  person  convicted  of  infamous  crime  shall  be  a  competent 

(  597  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


Keport  of.  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


witness  in  any  case,  without  the  consent  of  both  parties  to  the  controversy. 
Provided^  that  in  actions  by  or  against  executors,  administrators,  or  guardians, 
in  which  judgment  may  be  rendered  for  or  against  them,  neither  party  shall  be 
allowed  to  testify  against  the  other  as  to  any  transactions  with,  or  statements 
to,  the- testator,  intestate,  or  ward,  unless  called  to  testify  thereto  by  the  oppo- 
site party,  or  required  to  testify  thereto  by  the  court.  The  Judges  of  the  Su- 
preme and  all  inferior  courts  shall  be  conservators  of  the  peace  throughout 
their  respective  jurisdictions. 

AETICLE  VIII. 
FRANCHISE. 

Section  One.  In  all  elections  by  the  people  the  electors  shall  vote  by  ballot. 

Section  Two.  Every  male  person  born  in  the  United  States,  and  every  male 
person  who  has  been  naturalized,  or  has  legally  declared  his  intentions  to  be- 
come a  citizen  of  the  United  States,  who  is  twenty-one  years  old  or  upwards, 
and  who  shall  have  resided  in  this  State  six  months  next  preceding  the  elec- 
tion, and  who,  at  the  time,  is  an  actual  resident  of  the  county  in  which  he  offers 
to  vote,  except  as  hef-einafter  provided,  shall  be  deemed  an  elector.  Provided, 
no  soldier,  or  sailor,  or  marine,  in  the  military  or  naval  service  of  the  United 
States,  shall  acquire  a  residence  by  reason  of  being  stationed  on  duty  in  this 
State. 

Section  Three.  The  following  classes  shall  not  be  permitted  to  register  or 
vote  or  hold  offices,  viz. 

First.  Those  who,  during  the  rebellion,  took  the  oath  of  allegiance,  or  gave 
bonds  for  loyalty  and  good  behavior  to  the  United  States  Government,  and 
afterwards  gave  aid,  comfort,  or  countenance,  to  those  engaged  in  armed  hos- 
tility to  the  Government  of  the  United  States,  either  by  becoming  a  soldier  in 
the  rebel  army,  or  by  entering  the  lines  of  said  army,  or  adhering  in  any  way 
to  the  cause  of  rebellion,  or  by  accompanying  any  armed  force  belonging  to 
the  rebel  army,  or  by  furnishing  supplies  of  any  kind  to  the  same. 

Second.  Those  who  are  disqualified  as  electors,  or  from  holding  ofiice,  in  the 
State  or  States  from  which  they  came. 

Third.  Those  persons  who  during  the  late  rebellion  violated  the  rules  of 
civilized  warfare. 

Fourth.  Those  who  may  be  disqualified  by  the  proposed  amendment  to  the 
Constitution  of  the  United  States^  known  as  Article  XIV,  and  those  who  have 
been  disqualified  from  registering  to  vote  for  delegates  to  the  Convention 
to  frame  a  Constitution  for  the  State  of  Arkansas,  under  the  Act  of  Congress 
entitled  "  An  Act  to  provide  for  the  more  efficient  government  of  the  Eebei 
States,"  passed  by  Congress  March  2d,  1867,  and  the  Acts  supplementary 
thereto. 

Fifth.  Those  who  shall  have  been  convicted  of  treason,  embezzlement  of 
public  funds,  malfeasance  in  office,  crimes  punishable  by  law  with  imprison- 
ment in  the  penitentiary,  or  bribery. 

Sixth.  Those  who  are  idiots  or  insane. 
(  598  ) 


Feb.  10th.]  AEKANSAS  COISTSTITUTION^AL  CONYENTIOI!^.  [27th  Day. 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


Provided^  that  all  persons  included  in  the  first,  second,  third,  and  fourth  sub- 
divisions of  this  section,  who  have  openly  advcfcated,  or  have  voted  for,  the 
reconstruction  projiised  by  Congress,  and  accept  the  equality  of  all  men  before 
the  law,  shall  be  deemed  qualified  electors  under  this  Constitution. 

Section  Four.  The  General  Assembly  shall  have  the  power,  by  a  two-thirds 
vote  of  each  House,  approved  by  the  G-overnor,  to  remove  the  disabilities  in- 
cluded in  the  first,  second,  third,  and  fourth  subdivisions  of  Section  Three  of 
this  Article,  when  it  appears  that  such  person  applying  for  relief  from  such 
disabilities  has,  in  good  faith,  returned  to  his  allegiance  to  the  Government  of 
the  United  States.  Provided^  the  General  Assembly  shall  have  no  power  to 
remove  the  disabilities  of  any  person  embraced  in  the  aforesaid  subdivisions, 
who,  after  the  adoption  of  this  Constitution  by  this  Convention,  persists  in 
opposing  the  Acts  of  Congress,  and  reconstruction  thereunder. 

Section  Five.  All  persons  before  registering  or  voting  must  take  and  sub- 
scribe the  following  oath  :  "  I  do  solemnly  swear  (or  affirm)  that  I  will  support 
and  maintain  the  Constitution  and  laws  of  the  United  States,  and  the  Consti- 
tution and  laws  of  the  State  of  Arkansas :  that  I  am  not  excluded  from 
registering  or  voting  by  any  of  the  clauses  in  the  first,  second,  third,  or  fourth 
subdivisions  of  Article  YIII  of  the  Constitution  of  the  State  of  Arkansas  ;  that 
I  will  never  countenance  or  aid  in  the  secession  of  this  State  from  the  United 
States ;  that  I  accept  the  civil  and  political  equality  of  all  men,  and  agree  not 
to  attempt  to  deprive  any  person,  or  persons,  on  account  of  race,  color,  or  pre- 
vious condition,  of  auy  political  or  civil  right,  privileges,  or  immunity,  enjoyed 
by  any  other  class  of  men  :  and  furthermore,  that  I  will  not  in  any  way  in- 
jure, countenance  in  others  auy  attempt  to  injure,  any  person  or  persons,  on 
account  of  past  or  present  support  of  the  Government  of  the  United  States, 
the  laws  of  the  United  States,  or  the  principle  of  the  political  and  civil  equality 
of  all  men,  or  for  affiliating  with  any  political  party.'^  Provided  :  That  if  any 
person  shall  knowingly  and  falsely  take  any  oath  in  the  Constitution  pre- 
scribed, such  person  so  offending,  and  being  thereof  duly  convicted,  shall  be 
subject  to  the  pains,  penalties,  and  disabilities,  which  by  law  are  provided  for 
the  punishment  of  the  crime  of  wilful  and  corrupt  perjury. 

Section  Six.  Electors  shall  in  all  cases  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  arrest  and  civil  process  during  their  attendance 
at  elections,  and  in  going  to  and  returning  from  the  same. 

Section  Seven.  It  shall  be  the  duty  of  the  General  Assembly  to  enact  ade- 
quate laws  giving  protection  against  the  evils  arising  from  the  use  of  intoxi- 
cating liquors  at  elections. 

AETICLE  IX. 

EDUCATION. 

Section  One.  A  general  diffusion  of  knowledge  and  intelligence,  among  all 
classes,  being  essential  to  the  preservation  of  the  rights  and  liberties  of  the 
people,  the  General  Assembly  shall  establish  and  maintain  a  system  of  free 

(  599  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Monday, 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


schools,  for  tlie  gratuitous  instruction  of  all  persons  in  this  State  between  the 
ages  of  five  and  twenty-one  years ;  and  the  funds  appropriated  for  the  support 
for  common  schools  shall  be  distributed  to  the  several  cooties,  in  proportion 
to  the  number  of  children  and  youths  therein,  between  the  ages  of  five  and 
twenty-one  years,  in  such  manner  as  shall  be  prescribed  by  law ;  but  no  relig- 
ious or  other  sect,  or  sects,  shall  ever  have  any  exclusive  right  to,  or  control 
of,  any  part  of  the  school-fund  of  the  State. 

Section  Two.  The  supervision  of  public  schools  shall  be  vested  in  a  super- 
intendent of  Public  Instruction  and  such  other  officers  as  the  Greneral  Assembly 
shall  provide.  -The  Superintendent  of  Public  Instruction  shall  receive  such 
salary,  ajid  perform  such  duties,  as  shall  be  prescribed  by  law. 

Section  Three.  The  General  Assembly  shall  establish  and  maintain  a  State 
University,  with  departments  for  instruction  in  Teaching,  in  Agriculture,  and 
the  Natural  Sciences,  as  soon  as  the  public-school-fund  will  permit. 

Section  Four.  The  proceeds  of  all  lands  that  have  been  or  hereafter  may 
be  granted  by  the  United  States  to  this  State,  and  not  otherwise  appropriated 
by  the  United  States  or  this  State,  also  all  mines,  stocks,  bonds,  lands,  and 
other  property,  now  belonging  to  any  fund  for  purposes  of  education,  also  the 
net  proceeds  of  all  sales  of  land  and  other  property  and  effects  that  may  accrue 
to  this  State  by  escheat,  or  from  sales  of  estrays,  or  from  unclaimed  dividends 
or  distribution  shares  of  the  estates  of  deceased  persons,  or  from  fines,  penal- 
ties, or  forfeitures,  also  any  proceeds  of  the  sales  of  public  lands,  which  may 
have  been  or  may  be  hereafter  paid  over  to  the  State  (Congress  consenting), 
also  all  the  grants,  gifts,  or  devises,  that  have  been  or  hereafter  may  be  made 
to  this  State,  and  not  otherwise  appropriated  by  the  terms  of  the  grant,  gift, 
or  devise,  shall  be  securely  invested  and  sacredly  preserved  as  a  public-school- 
fund,  which  shall  be  the  common  proj)erty  of  the  State.  The  annual  income 
of  which  fund,  together  with  one  dollar  jjier  cajjita,  to  be  annually  assessed  on 
ever}^  male  inhabitant  of  this  State  over  the  age  of  twenty-one  years,  and  so 
much  of  the  ordinary  annual  revenue  of  the  State  as  may  be  necessary,  shall 
be  faithfully  appropriated  for  establishing  and  maintaining  the  free  schools  and 
the  University,  in  this  article  provided  for,  and  for  no  other  uses  or  purposes 
whatever. 

Section  Five.  ISTo  part  of  the  public-school-fund  shall  be  invested  in  the 
stocks,  or  bonds,  or  other  obligations,  of  any  State,  or  any  county,  city,  town, 
or  corporation.  The  stocks  belonging  to  any  school-fund,  or  University-fund, 
shall  be  sold,  in  such  manner  and  at  such  times  as  the  General  Assembly  shall 
prescribe.  And  the  proceeds  thereof,  and  the  proceeds  of  the  sales  of  any 
lands  or  other  property  which  now  belong  or  may  hereafter  belong  to  said 
school-fund,  may  be  invested  in  the  bonds  of  the  United  States. 

Section  Six.  No  township  or  school  district  shall  receive  any  portion  of 
the  public-school-fund  unless  a  free  school  shall  have  been  kept  therein  for  not 
less  than  three  months,  during  the  year  for  which  distribution  thereof  is  made. 
The  General  Assembly  shall  require  by  law  that  every  child  of  sufficient 
mental  and  physical  ability  shall  attend  the  public  schools,  during  the  period 


(  600  ) 


Feb.  10th.]  AEKAXSAS  COXSTITUTIOA^AL  COIs^YENTIOIS^.  [27th  Day. 


Eeport  of  Committee  on  tlie  Constitution,  its  Arrangement  and  Phraseology. 


between  the  ages  of  five  and  eighteen  years,  for  a  term  equivalent  to  three 
years,  unless  educated  by  other  means. 

Section  Seven.  In  case  the  public-school-fund  shall  be  insufficient  to  sustain 
a  free  school  at  least  three  months  in  every  year  in  each  school  district  in  the 
State,  the  General  Assembly  shall  provide  by  law  for  raising  such  deficiency, 
by  levyiDg  such  tax,  upon  all  taxable  property  in  each  county,  township,  or 
school  district,  as  may  be  deemed  proper. 

Section  Eight.  The  General  Assembly  shall,  as  far  as  it  can  be  done  with- 
out infringing  upon  vested  rights,  reduce  all  lands,  moneys,  or  other  property 
used  or  held  for  school  purposes  in  the  various  counties  of  this  State,  into  the 
public-school-fund  herein  provided  for. 

Section  Nine.  Provision  shall  also  be  made,  by  general  laAvs,  for  raising 
such  sum  or  sums  of  money,  by  taxation  or  otherwise,  in  each  school  district, 
as  may  be  necessary  for  the  building  and  furnishing  of  a  sufficient  number  o-f 
suitable  school-houses  for  the  accommodation  of  all  the  pupils  within  the  limits 
of  the  several  school  districts. 

t> 

AETICLE  X. 

finances,  taxation,  public  debt,  and  expenditures. 

Section  One.  The  levying  of  taxes  by  the  poll  is  grievous  and  oppressive  ; 
therefore  the  General  Assembly  shall  never  levy  a  poll  tax,  excepting  for 
school  purposes. 

Section  Two.  Laws  shall  be  passed  taxing  by  a  uniform  rule  all  money- 
credit,  investments  in  bonds,  joint-stock  companies,  or  otherwise,  and  also  all 
real  and  personal  property,  according  to  its  true  value  in  money;  but  burying- 
grouuds^  public-school-houses,  houses  used  exclusively  for  public  worship, 
institutions  of  purely  public  charity,  public  property  used  exclusively  for  any 
public  purpose,  shall  never  be  taxed.  Eeal  estate  shall  be  appraised,  at  least 
once  .every  five  years,  by  an  appraiser  to  be  provided  for  by  law,  at  its  true 
value  in  money.  Personal  property  shall  be  appraised,  in  such  manner  as  may 
be  provided  by  law,  at  its  true  value  in  money;  but  the  General  Assembly 
may  exempt  from  taxation  personal  propei'ty  to  the  value  of  five  hundred 
dollars  to  each  tax-payer. 

Section  Three.  The  General  Assembly  shall  provide  by  law  for  taxing  the 
notes  and  bills  discounted  or  purchased,  moneys  loaned,  and  all  other  prop- 
erty, effects,  or  dues  of  every  description,  without  deduction,  of  all  banks, 
now  existing  or  hereafter  created,  and  of  all  bankers,  so  that  all  property 
employed  in  banking  shall  always  bear  a  burden  of  taxation  equal  to  that 
imposed  on  other  property  of  individuals. 

Section  Four.  The  General  Assembly  shall  provide  for  raising  a  revenue 
sufficient  to  defray  the  expenses  of  the  State  for  each  year;  and  also  a  suffi- 
cient sum  to  pay  the  interest  on  the  State  debt. 

Section  Five.  No  tax  shall  be  levied  except  in  pursuance  of  law;  and  every 
law  imposing  a  tax  shall  state  distinctly  the  object  of  the  same. 

(  601  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Monday, 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


Section  Six.  The  credit  of  the  State  or  counties  shall  never  be  loaned,  for 
any  purpose,  without  the  consent  of  the  people  thereof,  expressed  through  the 
ballot-box. 

Section  Seven.  The  General  Assembly  may  require  the  exhibit  of  receipts 
and  expenditures  of  State  and  county  of&cers,  at  such  times  and  manner  as 
may  be  prescribed  by  law. 

Section  Eight.  ISo  money  shall  be  paid  out  of  the  treasury  until  the  same 
shall  have  been  appropriated  by  law. 

Section  JN'ine.  The  State  may  contract  debts  to  supply  casual  deficits  or 
failures  in  revenue,  or  to  meet  expenses  not  otherwise  provided  for;  and  the 
money  arising  from  the  creation  of  such  debts  shall  be  appropriated  to  the 
purpose  for  which  it  was  obtained,  or  to  pay  the  debt  so  contracted,  and  to  no 
other. 

Section  Ten.  In  addition  to  the  above  power,  the  State  may  contract  debts 
to  repel  invasion,  suppress  insurrections,  preserve  the  public  peace,  defend  the 
State  in  time  of  war,  or  to  redeem  the  present  outstanding  indebtedness  of  the 
State;  but  the  money  arising  from  the  contracting  of  such  debts  shall  be  ap- 
plied to  the  purpose  for  which  it  was  raised,  and  no  other ;  and  all  debts  in- 
curred to  redeem  the  present  outstanding  indebtedness  of  the  State  shall  be 
so  contracted  as  to  be  payable  by  the  sinking-fund  hereinafter  provided  for, 
as  the  same  shall  accumulate. 

Section  Eleven.  The  faith  of  the  State  being  pledged  for  the  payment  of 
its  public  debt,  in  order  to  provide  therefor  there  shall  be  created  a  sinking- 
fund,  which  shall  be  sufficient  to  pay  the  accruing  interest  on  such  debt,  and 
annually  to  reduce  the  same.  The  said  sinking-fund  shall  consist  of  such  net 
earnings  and  profits  of  public  institutions,  bonds,  stocks,  or  other  property  of 
the  State,  or  of  any  other  funds  or  resources,  that  are  or  may  be  provided 
by  law. 

Section  Twelve.  The  Governor,  Secretary- of  State,  and  Attorney-General, 
are  hereby  created  a  Board  of  Commissioners,  to  be  styled  the  Commissioners 
of  the  Sinking-Fund. 

Section  Thirteen.  The  Commissioners  of  the  Sinking-Fund  shall,  imme- 
diately preceding  each  regular  session  of  the  General  Assembly,  make  an 
estimate  of  the  probable  amount  of  the  fund  provided  for  by  the  Eleventh 
Section  of  this  Article,  from  all  sources,  except  from  taxation,  and  report  the 
same,  together  with  all  their  proceedings  relative  to  said  fund,  and  the  public 
debt,  and  transmit  the  same,  to  the  General  Assembly;  and  the  General  As- 
sembly shall  make  all  necessary  provisions  for  raising  and  disbursing  said 
sinking-fund,  in  pursuance  of  the  provisions  of  this  Article. 

Section  Fourteen.  It  shall  be  the  duty  of  the  said  Commissioners,  faithfully 
to  ajDply,  in  such  manner  as  the  General  Assembly  ma^^  by  law  direct,  said  fund, 
together  with  all  the  moneys  that  may  be,  by  the  General  Assembly,  appro- 
priated to  that  object,  to  the  j)ayment  of  the  interest  as  it  becomes  due,  and 
the  redemption  of  the  principal  of  the  public  debt  of  the  State,  excepting  only 
school  and  trust  funds  held  by  the  State. 

Section  Fifteen.  The  principal  arising  from  the  sale  of  all  lands  donated  to 
(  602  ) 


Feb.  10th.]  AEKA^\SAS  COXSTITUTIOXAL  COINYENTIOX.  [27tli  Day. 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


the  State  for  school  purposes,  shall  be  paid  into  the  Treasury;  and  the  State 
shall  pay  interest  thereon,  for  the  support  of  schools,  at  the  rate  of  six  'per 
cent,  per  annum. 

Section  Sixteen.  The  State  shall  never  assume  the  debts  of  the  county, 
town.  city,  or  other  corporations,  unless  such  debts  have  been  created  to 
repel  invasion,  suppress  insurrection,  or  to  provide  for  the  public  vrelfare  and 
defence. 

Section  Seventeen.  The  General  Assembly  shall  tax  all  privileges,  pursuits, 
and  occupations,  that  are  of  no  real  use  to  society;  all  others  shall  be  exempt, 
and  the  amount  thus  raised  shall  be  paid  into  the  treasury. 

AETICLE  XI. 

MILITIA. 

Section  One.  All  able-bodied  electors  in  this  State  shall  be  liable  to  military 
duty  in  the  militia  of  this  State ;  but  all  citizens,  of  any  denomination  what- 
ever, who,  from  scruples  of  conscience,  may  be  adverse  to  bearing  arms,  shall 
be  exempted  therefrom  upon  such  conditions  as  may  be  prescribed  by  law. 

Section  Two.  The  General  Assembly  shall  provide  &r  organizing,  equip- 
ping, and  disciplining  the  militia,  in' such  manner  as  it  shall  deem  expedient, 
and  not  incompatible  with  the  laws  of  the  United  States. 

Section  Three.  The  Governor  shall  be  Commander-in-Chief,  and  shall  have 
power  to  call  out  the  militia  to  execute  the  laws,  to  suppress  insurrection,  and 
to  repel  invasion,  and  preserve  the  public  peace. 

AETICLE  XII. 

EXEMPTED  property. 

Section  One.  The  personal  property  of  any  resident  of  this  State,  to  the  value 
of  two  thousand  dollars,  to  be  selected  by  such  resident,  shall  be  exempted 
from  sale  or  execution  or  other  final  process  of  any  court,  issued  for  the  collec- 
tion of  any  debt  contracted  after  the  adoption  of  this  Constitution*. 

Section  Two.  Hereafter,  the  homestead  of  any  resident  of  this  State  who  is 
a  m.arried  man,  or  head  of  a  family,  shall  not  be  encumbered  in  any- manner, 
while  owned  by  him,  except  for  taxes,  laborers'  and  mechanics'  liens,  and 
securities  for  the  purchase-money  thereof. 

Section  Three.  Every  homestead,  not  exceeding  one  hundred  and  sixty 
acres  of  land,  and  the  dwelling  and  appurtenances  thereon,  to  be  selected  by 
the  owner  thereof,  and  not  in  any  town,  city,  or  village,  or,  in  lieu  thereof,  at 
the  option  of  the  owner,  any  lot  in  a  city,  town,  or  village,  with  the  dwelling 
and  appurtenances  thereon,  owned  and  occupied  by  any  resident  of  this  State, 
and  not  exceeding  the  value  of  five  thousand  dollars,  shall  be  exempted  from 
sale  on  execution  or  any  other  final  process  from  any  court ;  but  no  property 
shall  be  exempted  from  sale  for  taxes,  for  the  payment  of  obligations  con- 
tracted for  the  purchase  of  said  premises,  for  the  erection  of  improvements 

(  603  ) 


1868.] 


DEBATES  AND  PROCEEDmGS  OF  THE  [Monday, 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


thereon,  or  for  labor  performed  for  the  owner  thereof  Provided^  that  the 
benefit  of  the  homestead  herein  provided  for  shall  not  be  extended  to  persons 
who  may  be  indebted  for  dues  to  the  State,  county,  township,  school,  or  other 
trust  fund. 

Section  Four.  If  the  owner  of  a  homestead  die,  leaving  a  widow,  but  no 
children,  the  same  shall  be  exempt,  and  the  rents  and  profits  thereof  shall 
accrue  to  her  benefit  during  the  time  of  her  widowhood,  unless  she  be  the 
owner  of  a  homestead  in  her  own  right. 

Section  Five.  The  homestead  of  a  family,  after  the  death  of  the  owner 
thereof,  shall  be  exempt  from  the  payment  of  his  debts,  in  all  cases,  during  the 
minority  of  his  children,  and  also  sa  long  as  his  widow  shall  remain  unmarried, 
unless  she  be  the  owner  of  a  homestead  in  her  own  right. 

Section  Six.  The  real  and  personal  property  of  any  female  in  this  State, 
acquired  either  before  or  after  marriage,  whether  by  gift,  grant,  inheritance, 
or  devise,  or  otherwise,  shall,  so  long  as  she  may  choose,  be  and  remain  separate 
estate  and  property  of  such  female,  and  may  be  devised  or  bequeathed  by  her 
the  same  as  if  she  were  a  feme  sole.  Laws  shall  be  passed  providing  for  the 
registration  of  the  wife's  separate  property ;  and  when  so  registered,  and  so 
long  as  it  is  not  entrusted  to  the  management  or  control  of  her  husband,  other- 
wise than  as  an  agent,  it  shall  not  be  liable  for  any  of  his  debts,  engagements, 
or  obligations. 

AETICLE  XIII. 
AMENDMENTS  TO  THE  CONSTITUTION. 

Section  One.  Any  amendments  to  this  Constitution  may  be  proposed  in 
either  House  of  the  General  Assembly  ;  and  if  the  same  shall  be  agreed  to  by 
a  majority  of  the  members  elected  to  each  of  the  two  Houses,  such  proposed 
amendment  shall  be- entered  on  their  Journal,  with  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  Legislature  to  be  chosen  at  the  next  general  elec- 
tion; and  shall  be  published,  as  provided  by  law,  for  three  months  previous  to 
the  time  of  rnaking  such  choice;  and  if  in  the  General  Assembly  so  next  chosen 
as  aforesaid,  such  proposed  amendment  or  amendments  shall  be  agreed  to  by 
a  majority  of  all  the  members  elected  to  each  House,  then  it  shall  be  the  duty 
of  the  General  Assembly  to  submit  such  proposed  amendment  or  amendments 
tO  the  people,  in  such  manner  and  at  such  time  as  the  General  Assembly  shall 
provide  ;  and  if  the  people  shall  approve  and  ratify  such  amendment  or  amend- 
ments, by  a  majority  of  the  electors  qualified  to  vote  for  members  of  the 
General  Assembly  voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  Constitution  of  this  State. 

Section  Two.  If  two  or  more  amendments  shall  be  submitted  at  the  same 
time,  they  shall  be  submitted  in  such  manner  that  the  electors  shall  vote  for 
or  against  each  of  said  amendments  separately. 


(  604  ) 


Feb.  10th.]  AEKAXSAS  COySTITrTIOXAL  COXVEXTIOy.  [27th  Day. 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


AETICLE  XIV. 
APPORTIOXMENT. 

Section  Ove.  The  Congressional  districts  shall  remain  as  they  now  are  : 
Provided,  that  the  General  Assembly  may.  at  the  first  session  held  after  the 
adoption  of  this  Constitution,  re-district  the  State  for  Congressional  purposes. 

Sectiox  Two.  Until  after  the  apportionment  as  herein  provided  for.  the 
Senatorial  and  Eepresentative  districts  shall  be  composed  of  the  following 
counties,  to  wit  :  the  first,  of  Jackson.  Craighead.  Poinsett.  Cross,  and  3Iis- 
sissippi  :  second,  of  Lawrence.  Piandolph.  and  Green  :  third,  of  ]\Iadison.  Marion. 
Carroll.  Fulton,  and  Izard;  fourth,  of  Indejjendence  and  Tan  Buren;  fifth;  of 
Searcy.  Pope,  and  Conway  :  sixth,  of  ZSTewton.  Johnson,  and  Yell:  seventh,  of 
TVaishington  and  Benton;  eighth,  of  Crawford.  Franklin,  and  Sebastian  :  ninth, 
of  Crittenden.  St.  Francis,  and  Woodimfi^:  tenth,  of  Pulaski  and  TVhite ; 
eleventh,  of  Phillips  and  Monroe  :  twelfth,  of  Prairie  and  Arkansas  :  thii'teenth. 
of  Scott.  Polk,  Montgomery,  and  Hot  Spring:  fourteenth,  of  Hempstead: 
fifteenth,  of  Lafayette  and  Little  Pdver  ;  sixteenth,  of  L^nion  and  Calhoun  ; 
seventeenth,  of  Clark.  Pike,  and  Sevier  j  eighteenth,  of  Columbia:  nineteenth, 
of  Ouachita  j  twentieth,  of  Jefferson  and  Bradley;  twenty-first,  ^f  Dallas. 
Saline,  and  Perry  :  twenty-second,  of  Ashley,  Chicot.  Drew,  and  Desha.  The 
Senators  and  Ptepresentatives  shall  be  apportioned  among  the  several  Senatorial 
and  Eepresentative  Districts,  as  follows,  to  wit : 

1st  District;  one  (1)  Senator  and  four   (4)  Pepresentatives. 


2d 

one 

(1) 

three  (3) 

3d 

one 

(1) 

four  (4) 

4th 

one 

(1) 

three  (3) 

5th 

one 

a) 

three  (3) 

i( 

6th 

one 

'1) 

i'. 

three  (3) 

li 

7th  ■•■ 

one 

(1) 

four  (4) 

il 

Sth 

one 

(1) 

il 

four  (4) 

11 

9th  - 

one 

(1) 

li 

four  (4; 

li 

10th  - 

two 

(2) 

six  (6; 

11th 

two 

(2) 

six  (6) 

11 

12th  -'^ 

one 

'■1) 

four  (4) 

11 

13th 

one 

(1) 

il 

three  (3) 

11 

14th 

one 

(1) 

a 

three  (3) 

11 

15th 

one 

•l) 

three  (3) 

li 

16th 

one 

(1) 

two  (2) 

17th 

one 

(1) 

il 

four  (4) 

{( 

18th 

one 

(1) 

li 

three  (3) 

({ 

19th  " 

one 

(1) 

a 

two  (2) 

11 

20th 

two 

''2) 

11 

six  (6) 

u 

21st  -'^ 

one 

(1) 

li 

two  (2) 

il 

22d 

two 

(2) 

li 

six  (6) 

11 

(  605  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Monday, 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


AETICLE  XV. 
MISCELLANEOUS  PROVISIONS. 

Section  One.  The  President  of  the  Convention  shall,  immediately  after  the 
adjournment  thereof,  cause  this  Constitution  to  be  deposited  in  the  office  of 
the  Secretary  of  State,  and  shall  transmit  a  copy  of  the  same  to  the  President 
of  the  United  States,  to  be  by  him  laid  before  the  Congress  of  the  United  States, 

Section  Two.  In  all  cases  not  otherwise  provided  for  in  this  Constitution, 
the  General  Assembly  may  determine  the  mode  of  filling  all  vacancies  in  all 
offices,  and  of  choosing  all  necessary  officers,  and  shall  define  their  respective 
powers  and  duties,  and  j)rovide  suitable  compensation  for  all  officers. 

Section  Three.  All  general  elections  shall  be  held  on  the  Tuesday  succeeding 
the  first  Monday  in  November,  and  shall  be  biennial,  commencing  at  the 
.general  election  of  A.D.  1868  but  all  officers  elected  under  the  provisions  of 
this  Constitution  and  Schedule,  except  members  of  Congress,  at  the  election 
commencing  on  the  13th  day  of  March,  1868,  shall  hold  and  continue  in  office 
in  accordance  with  provisions  of  this  Constitution,  the  same  as  though  elected 
at  the  general  election  to  be  held  on  the  Tuesday  succeeding  the  first  Monday 
in  November,  1868  ;  and  no  election  shall  be  had  for  such  officers  at  the  general 
election  of  1868. 

Section  Four.  All  chartered  cities  and  villages  under  the  laws  of  this  State 
shall  hold  their  municipal  elections,  for  the  year  1868,  at  such  times  and  places 
as  may  be  provided  in  this  Constitution  and  the  Schedule  to  the  same. 

Section  Five.  The  term  of  office  of  all  township  and  precinct  officers  shall 
exj^ire  thirt}^  days  after  this  Constitution  goes  into  effect  and  the  Governor 
shall  thereafter  appoint  such  officers,  whose  term  of  office  shall  continue  until 
the  General  Assembly  shall  provide  by  law  for  an  election  of  said  officers. 

Section  Six.  Until  the  General  Assembly  shall  otherwise  provide,  a  Prose- 
cuting Attorney  for  each  judicial  circuit  shall  be  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  who  shall  hold  his  office  for  the 
term  of  four  years,  and  until  his  successor  is  chosen  and  qualified.  Provided, 
that  the  General  Assembly  shall  not  interfere  with  the  term  of  an}^  appointed 
Prosecuting  Attorney. 

Section  Seven.  The  compensation  of  Senators  and  Eepresentatives  shall  be 
six  dollars  per  diem  during  the  first  session  after  the  adoption  of  this  Consti- 
tution, but  may  afterwards  be  prescribed  by  law.  Provided,  no  increase  of 
compensation  shall  be  prescribed  which  shall  take  efi'ect  until  the  period  for 
which  the  members  of  the  House  of  Eepresentatives,  then  existing,  shall  have 
expired. 

Section  Eight.  Senators  and  Representatives  shall  receive  twenty  cents  for 
each  mile  necessarily  travelled  in  going  to  and  returning  from  the  seat  of  gov- 
ernment, in  attending  each  session  of  the  General  Assembly,  until  otherwise 
provided  by  law. 

Section  Nine.  All  salaries,  fees,  and  per  diem,  or  other  compensation,  of  all 


(  606  ) 


Feb.  10th.]  AEKA^s\SAS  COl^STITUTIOlSrAL  COl^YEl^TIOIT.  [27th  Day., 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


State,  county,  town,  or  other  officers  within  the  State,  shall  be  payable  in  such 
funds  as  by  law  may  be  receivable  for  taxes. 

Section  Ten.  Any  public  fund  set  apart  by  the  General  Assembly  for  one 
purpose,  shall  not  be  used  for  another,  unless  in  such  case  otherwise  specially 
authorized  by  law. 

Section  Eleven.  This  Convention  shall  appoint  not  more  than  three  per- 
sons, learned  in  the  law,  whose  duty  it  shall  be  to  revise  and  rearrange  the 
statute  laws  of  this  State,  both  civil  and  criminal,  so  as  to  have  but  one  law 
on  any  one  subject;  and  also  three  other  persons,  learned  in  the  law,  whose 
duty  it  shall  be  to  prepare  a  code  of  practice  for  the  courts,  both  civil  and 
criminal,  in  this  State,  by  abridging  and  simplifying  the  rules  of  practice  and 
laws  in  relation  thereto;  all  of  whom  shall,  at  as  early  a  day  as  practicable, 
report  the  result  of  their  labors  to  the  G-eneral  Assembly,  for  their  adoption  or 
modification.  The  G-eneral  Assembly  shall  provide  suitable  compensation  for 
said  persons  appointed  as  aforesaid. 

Section  Twelve.  'No  county  now  established  by  law  shall  ever  be  reduced, 
by  the  establishment  of  any  new  county  or  counties,  to  less  than  six  hundred 
square  miles  ;  nor  shall  any  county  be  hereafter  established  which  shall  contain 
less  than  six  hundred  square  miles. 

Section  Thirteen.  No  indenture  of  any  person,  heretofore  made  and  exe- 
cuted out  of  this  State,  or,  if  made  in  this  State,  where  the  term  of  service 
exceeds  one  year,  shall  be  of  the  least  validity,  except  those  given  in  cases 
of  apprenticeships,  which  shall  not  be  for  a  longer  time  than  until  the  appren- 
tice shall  arrive  at  the  age  of  twenty-one  years,  if  a  male,  or  eighteen  years, 
if  a  female. 

Section  Fourteen.  All  contracts  for  the  sale  or  purchase  of  slaves  are  null 
and  void,  and  no  court  of  this  State  shall  take  cognizance  of  any  suit  founded 
on  such  contract;  nor  shall  any  amount  ever  be  collected  or  recovered  on  any 
judgment  or  decree  which  shall  have  been,  or  which  hereafter  may  be,  rendered, 
on  account  of  any  such  contract  or  obligation,  on  any  pretext,  legal  or  otherwise. 

Section  Fifteen.  There  shall  be  a  Great  Seal  of  the  State,  which  shall  be 
kept,  and  used  officially,  by  the  Secretary  of  State ;  and  tbe  seal  heretofore  in 
use  in  this  State  shall  continue  to  be  the  Great  Seal  of  the  State,  until  another 
shall  have  been  adopted  by  the  General  Assembly. 

Section  Sixteen.  Private  seals  are  hereby  abolished,  and  hereafter  no  dis- 
tinction shall  exist  between  sealed  and  unsealed  instruments,  concerning  con- 
tracts between  individuals.  All  laws  of  this  State,  not  in  conflict  with  this 
Constitution,  shall  remain  in  full  force  until  otherwise  provided  by  the  General 
Assembly,  or  until  they  expire  by  their  own  limitation.  Nothing  herein  shall 
be  construed  to  impair  vested  rights  under  provisions  of  existing  laws. 

Section  Seventeen.  All  officers  of  this  State,  executive,  legislative,  and 
judicial,  before  they  enter  upon  the  duties  of  their  respective  offices,  shall  take 

the  following  oath  :  "  I  ,  do  solemnly  swear  (or  affirm)  that  I  am 

not  disfranchised  by  the  Constitution  or  laws  of  the  United  States,  or  the 
Constitution  of  the  State  of  Arkansas  ;  that  I  will  honestly  and  faithfully  sup- 
port and  defend  the  Constitution  and  laws  of  the  United  States,  the  Union  of 

(  607  ) 


1868.] 


DEBATES  AND  PROCEEDINGS  OF  THE 


[Monday, 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


the  States,  and  the  Constitution  and  laws  of  the  State  of  Arkansas;  and  that 
I  will  honestly  and  faithfully  discharge  the  duties  of  the  office  on  which  I  am 
about  to  enter,  to  the  best  of  my  ability  :  so  help  me  God." 

Section  Eighteen.  The  term  of  all  officers  elected  or  jfppointed  under  the 
provisions  of  this  Constitution,  shall  expire  on  the  first  day  of  January,  1873, 
unless  herein  otherwise  provided. 

Section  Nineteen.  No  one  shall  be  precluded  from  being  elected  or  ap- 
pointed to  any  office,  by  reason  of  having  been  a  delegate  to  this  Convention, 
or  an  officer  of  the  same. 

Section  Twenty.  No  person  shall  be  allowed,  or  be  qualified,  to  sit  on  any 
jury,  who  is  not  a  qualified  elector. 

Section  Twenty-one.  The  General  Assembly  may  by  general  law  declare 
the  legal  rate  of  interest  upon  contracts  in  which  no  rate  of  i nterest  is  specified ; 
but  no  law  limiting  the  rate  of  interest  for  which  individuals  may  contract  in 
this  State  shall  ever  be  passed. 

Section  Twenty-two.  All  Judges  and  Clerks  of  Election,  appointed  under 
provisions  of  this  Constitution,  shall  take,  and  subscribe  to,  the  oath  of  an 
elector,  as  provided  in  Section  5  of  Article  YIII,  before  they  enter  upon  the 
duties  of  said  offices;  and  said  judges  are  hereby  authorized  to  administer  the 
oath  to  each  other,  and  to  the  clerks,  also  to  administer  the  same  to  all  electors 
offering  to  vote.  Said  judges  and  clerks  shall  also  swear  to  discharge  their 
respective  duties  to  the  best  of  their  ability  according  to  law.  Judges  of  Elec- 
tion may  appoint  a  suitable  number  of  persons  who  shall,  with  themselves,  be 
conservators  of  the  peace  ;  and  they  are  hereby  empowered  to  arrest  all  offend- 
ers. Any  one  refusing  to  act  as  such,  when  called  on  by  the  Judges,  shall  be 
subject  to  a  fine  of  at  least  one  hundred  dollars,  or  imprisonment  not  less  than 
six  months,  or  both. 

SCHEDULE. 

On  the  13th  day  of  March,  A.D.  1868,  and  such  successive  days  as  herein- 
after provided,  an  election  shall  be  held  for  members  of  the  House  of  Eepre- 
sentatives  of  the  United  States,  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Auditor,  Treasurer,  Attorney-General,  Superintendent  of  Public  Instruc- 
tion, Judges  of  the  Supreme  Court,  members  of  the  General  Assembly,  and  all 
county  officers;  and  also  for  the  submission  of  this  Constitution  to  the  people, 
for  their  adoption  or  rejection. 

Section  Two.  Upon  the  days  designated  as  aforesaid,  every  qualified  elector, 
under  the  provisions  of  this  Constitution,  may  vote  for  all  officers  to  be  elected 
under  this  Constitution  at  such  election;  and  also  for  or  against  the  adoption 
of  this  Constitution. 

Section  Three.  In  voting  for  or  against  the  adoption  of  this  Constitution, 
the  words  For  Constitution,'"  or  Against  Constitution''  shall  be  written  or 
printed  on  the  ballot  of  each  voter;  but  no  voter  shall  vote  for  or  against  this 
Constitution  on  a  separate  ballot  from  that  cast  by  him  for  officers  to  be 
elected  at  said  election  under  this  Constitution. 
(  608  ) 


Feb.  10th.]  AEKAI^SAS  COI^STITUTIO^AL  CONTENTION.  [27th  Day 


Keport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


Section  Four.  A  Board  of  Commissioners  is  hereby  appointed,  to  consist  of- 
James  L.  Hodges,  Joseph  Brooks,  and  the  President  of  this  Convention,  any 
two  of  whom  shall  constitute  a  quorum  to  transact  business,  who  shall  keep 
an  office  for  the  transaction  of  business  at  Little  Eock,  and  who  may  employ 
such  clerical  force  as  may  be  necessary.  Said  clerks  not  to  receive  more  per 
day  for  each  day  actually  employed,  than  the  per  diem  paid  the  Assistant 
Secretaries  of  this  Convention ;  and  who  are  empowered  and  -authorized  to 
appoint,  or  cause  to  be  appointed,  suitable  persons  for  Judges  and  Clerks  of 
Election,  in  each  county  in  this  State,  to  hold  the  elections  therein,  for  all  State 
and  County  officers,  and  for  members  of  the  G-eneral  Assembly,  and  of  the 
House  of  Eepresentatives  of  the  United  States,  and  also  for  the  ratification  of 
this  Constitution.  Said  election  shall  be  held  at  such  times  and  places  in  each 
county,  commencing  on  the  13th  day  of  March,  and  continuing  on  such  suc- 
cessive days  as  the  Commissioners  may  direct,  to  secure  a  full  and  fair  vote  at 
such  election. 

Section  Five.  The  Judges  of  Election,  appointed  as  aforesaid,  shall  make 
returns  of  the  same,  to  said  Commissioners,  in  such  manner  and  under  such 
regulations  as  said  Commissioners  may  prescribe  ;  which  returns  shall  show  the 
number  of  votes  cast  at  said  election  for  and  against  the  Constitution,  and  the 
number  cast  for  each  candidate  for  the  offices  provided  for  in  this  Constitution 
and  Schedule. 

Section  Six.  Any  person  contesting  the  election  under  this  Constitution,  for 
any  State  office  or  member  of  the  General  Assembly,  shall  do  so  before  said 
Board  of  Commissioners,  who  shall  have  power  to  decide  and  declare  the  right 
to  any  office  contested,  and  give  the  candidate,  legally  elected,  a  certificate  of 
the  same:  Provided^  said  Commissioners  may,  in  the  cases  of  members  of  the 
General  Assembly,  whose  rights  to  seats  may  be  contested,  refer  the  same  to 
the  General  Assembly,  for  their  determination.  Said  Board  of  Commissioners 
shall  appoint  the  Judges  and  Clerks  of  the  municipal  elections  to  be  held  under 
the  provisions  of  this  Constitution.  Said.  Judges  shall  conduct  and  make  re- 
turns of  said  elections,  in  the  manner  prescribed  by  the  charter  of  the  city  or 
village  in  which  said  municij^al  election  shall  be  held. 

Section  Seven.  Said  Commissioners  shall  appoint  suitable  persons,  as  Boards, 
in  every  county,  to  hear  and  decide  all  cases  of  contested  county  elections. 

Section  Eight.  The  said  Commissioners  shall  have  power  to  inquire  into 
the  fairness  or  validity  of  the  voting  upon  the  ratification  of  this  Constitution, 
and  to  count  the  vote  given  at  said  election,  and  shall  reject  all  fraudulent  or 
illegal  votes  cast  at  said  election.  And  said  Commissioners  shall  also  have 
power,  whenever  it  is  made  to  appear  that  fraud,  fbar,  violence,  improper  influ- 
ence, or  restraint,  were  used,  or  persons  were  prevented  or  intimidated  from 
voting  at  such  election,  to  take  stich  steps,  either  by  setting  aside  the  election 
and  ordering  a  new  one,  or  rejecting  votes,  or  correcting  the  result,  in  any 
county  or  precinct,  as  may  in  such  cases  be  just  and  equitable. 

Section  Nine.  That  said  Commissioners  shall  declare  the  result  of  the  elec- 
tion upon  the  ratification  of  this  Constitution ;  and  if  adopted,  the  President 
of  this  Convention  shall  transmit  a  certified  copy  of  the  same,  together  with 

39  (  609  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Monday, 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


an  abstract  of  the  votes  cast,  to  the  President  of  the  United  States,  to  be  by 
him  laid  before  the  Congress  of  the  United  States  for  their  approval  or  rejec- 
tion, and  shall  also  declare  the  ofl&cers  elected  thereunder;  and  if  declared 
ratified,  the  Constitution  shall,  from  and  after  that  date,  be  in  full  force  and 
effect. 

Section  Ten.  'No  person  disqualified  from  voting  or  registering  under  this 
Constitution,  'shall  vote  for  candidates  for  any  office,  nor  shall  be  permitted  to 
vote  for  the  ratification  or  rejection  of  this  Constitution  at  the  polls  herein 
authorized. 

Section  Eleven.  The  Governor,  and  all  other  officers  elected  under  this 
Constitution,  shall  enter  upon  the  duties  of  their  offices  when  they  shall  have 
been  declared  duly  elected  by  said  Board  of  Commissioners,  and  shall  have  been 
duly  qualified.  All  officers  shall  qualify  and  enter  upon  the  discharge  of  the 
duties  of  their  offices  within  fifteen  days  after  they  have  been  duly  notified  of 
their  election  or  appointment. 

Section  Twelve.  Upon  notice  of  the  election,  or  appointment,  and  qualifica- 
tion, of  the  officers  elected  or  appointed  under  this  Constitution,  the  present 
incumbents  of  all  State,  county,  and  city  offices  shall  vacate  the  same,  and 
turn  over  to  the  officers  so  elected  or  appointed,  and  qualified  hereunder,  all 
books,  papers,  records,  moneys,  and  documents,  belonging  or  pertaining  to  said 
offices,  on  application  made  by  the  officers  elected  or  appointed,  and  qualified, 
under  this  Constitution. 

Section  Thirteen.  Any  person  may  vote  at  the  polls  herein  authorized,  for 
the  election  of  officers  and  ratification  of  this  Constitution,  whom  the  Judges 
of  said  election  shall  be  satisfied,  by  oath  of  the  person  offering  to  vote,  and 
such  other  satisfactory  evidence  as  they  may  require,  is  a  legally  qualified 
elector  under  this  Constitution:  Provided,  the  Judges  of  Election  shall  admin- 
ister to  every  person  off'ering  to  vote  at  said  election,  the  oath  prescribed  in 
this  Constitution. 

Section  Fourteen.  In  the  event  that  either  of  the  three  Commissioners  ap- 
pointed by  Section  Four  hereof,  should  be  a  candidate  for  any  office,  the  other 
two  Commissioners  shall  canvass  the  vote  so  far  as  relates  to  that  office,  and 
issue  the  certificate  to  the  person  elected. 

Section  Fifteen.  In  case  of  death  or  any  disability  of  any  member  or  mem- 
bers of  said  Board  of  Commissioners,  the  remaining  Commissioner  or  Com- 
missioners shall  have  power  to  fill  such  vacancy;  and  said  Commissioner  or 
Commissioners  so  appointed  shall  have  full  power  to  act,  as  though  originally 
appointed. 

Section  Sixteen.  Any  person  selling  or  giving  away  intoxicating  liquor, 
during  the  time  of  the  election  herein  provided  for,  shall  be  punished  by  a  fine 
not  less  than  two  hundred  dollars  for  each  and  every  off'ence,  or  imj^risonment 
not  less  than  six  months,  or  both. 

Section  Seventeen.  Said  Commissioners  shall  provide  suitable  poll-books 
for  each  county,  and  such  instructions  as  may  be  necessary  to  carry  into  eff'ect 
the  provisions  of  this  Schedule.  Judges  and  Clerks  of  Election,  thus  appointed, 
shall  receive  the  same  per  diem  as  the  Boards  of  Eegistrars  provided  for  in  the 
(  610  ) 


Feb.  10th.]  AEKAXSAS  COX.STITUTIOXAL  COXVEXTIOX.  [27th  Day. 


Eeport  of  Committee  on  the  Constitution,  its  Arrangement  and  Phraseology. 


Act  entitled  ■•An  Act  to  provide  for  the  more  etiicient  government  of'theEebel 
States."'  jDassed  Alarch  2d.  A.D.  1S67.  and  Acts  supplementary  thereto. 

Section  Eighteex.  The  Commissioners  herein  appointed  shall  receive  for 
their  services,  for  each  day  actually  employed,  such  compensation  per  day.  and 
allowances,  and  in  such  manner,  as  are  now  provided  for  members  of  this  Con- 
vention. All  expenses  incurred  under  this  Schedule,  not  otherwise  provided 
for.  shall  be  paid  out  of  the  appropriation  for  defraying  the  expenses  of  this 
Convention. 

AX  OEDIXAXCE 

To    PEOVIDE  FOB  AX  ELECTION    BY  THE  TQTEES.   BEGISTEEED  IX  THIS   StATE.  TXDEB  AX 

Act  of  Coxgeess  extitled  ■•  Ax  Act  to  peovide  fob  the  moee  eeeiciext  goveex- 

MEXT  OE  THE  EeBEL  StaTES."  PASSED  MaECH  2d,  1867.  AXD  THE  ACTS  SUPPLEMEXTAEY 
THEEETO. 

Sectiox  OxE.  Be  it  ordained  :  That  any  voter  registered  tinder  the  provisions 
of  an  Act  of  Congress  entitled  an  ••  Act  to  provide  for  the  more  efficient  govern- 
ment of  the  Piebel  States."  passed  Alarch  2d.  1S67.  and  the  supplementary  Acts 
thereto,  shall  be  permitted  to  vote  in  any  county  in  this  State  where  he  may 
be  at  the  time  of  the  election.  Ujjon  the  ratification  of  the  Constitution  framed 
by  this  Convention. 

Section  Two,  That,  in  voting  for  or  against  the  ratification  of  said  Consti- 
tution, the  words  For  Constitution.''  or  -'Against  Constitution.''  shall  be  written 
or  jjrinted  on  each  ballot ;  but  no  person  shall  vote,  at  the  polls  ^^rovided  for  by 
this  Ordinance;  for  any  State  or  county  officer  prescribed  in  said  Constitution. 

Section  Three.  Said  election  shall  be  held  at  such  times  and  places  as  may 
be  designated  by  the  Board  of  Commissioners  appointed  under  the  provisions 
of  the  Schedule  to  the  Constitution  submitted  by  this  Convention  to  the  people. 

Section  Eoer.  The  secresy  of  the  ballot  shall  be  preserved  inviolate.  Xo 
Judge.  Inspector,  or  other  election  officer,  shall  mark  or  deface,  or  furnish  to 
be  marked  or  defaced,  any  ballot  cast  at  the  poll  at  which  he  is  acting,  whereby 
may  be  ascertained  the  manner  any  elector  voted. 

(Siomed)  J.  E.  Hodges.  Chairman. 

Clieeord  Stanley  Sims. 
.John  McClere. 
Joseph  Brooks. 
John  Sarber. 

Mr.  MAELORY.  I  move  you.  sir,  that  the  Constitution,  its  Schedule, 
and  Ordinance,  be  now  adopted  as  a  whole,  and  wirhoat  division:  pro- 
vided, that  any  member  may  explain  his  vote  on  any  point  or  points,  and 
have  such  explanations  entered  on  the  Journal;  provided  that  no  member 
shall  occupy  more  than  live  minutes  in  such  explanation,  except  by  con- 
sent of  the  house.    I  move  the  previous  question. 

^Ir.  CtAXTT.  I  call  for  the  yeas  and  nays. 

Mr.  CA^PERT.  I  rise  to  a  point  of  order.  There  is,  upon  our  minutes, 
a  resolution  that  no  final  action  shall  be  taken  by  the  Convention,  upon 

(  611  ) 


1868.]  DEBATES  AND  PEOCEEDINaS  OF  THE  [Monday, 


The  Constitution.— GENEKAL  DEBATE. 


any  ordinance,  without  the  yeas  and  nays.  The  motion  cannot  be  enter- 
tained, unless  that  shall  be  rescinded. 

The  PRESIDEOT.  The  yeas  and  nays  were  ordered. 

Mr.  MATTHEWS.  I  would  ask  if  there  is  not  a  rule  that  every  ordi- 
nance shall  be  read  three  times. 

The  PRESlDEiTT.  The  rules  have  been  suspended,  as  the  Chair  under- 
stands, upon  the  motion  of  the  gentleman  from  Phillips  [Mr.  Brooks.] 

Mr.  MATTHEWS.  On  this  question  ? 

The  PRESIDEInTT.  The  Chair  so  understands  it. 

Mr.  BROOKS.  The  motion  was,  that  the  rules  be  suspended,  for  the 
purpose  of  hearing  and  acting  upon  the  Report  of  the  Committee. 

Mr.  CYPERT.  Perhaps  I  am  not  understood.  The  demand  has  been 
made  for  the  previous  question,  it  is  true;  but  before  calling  the  previous 
question,  the  previous  question  must  be  in  order.  I  contend  that  the  mo- 
tion of  the  gentleman  from  Jeflerson  [Mr.  Mallory]  is  out  of  order,  from 
the  fact  that  it  violates  the  provisions  of  a  resolution  which  we  have 
already  adopted  concerning  the  yeas  and  nays  upon  the  final  passage  of 
every  ordinance.    That  is  the  point  I  make. 

The  PRESIDEiTT.  The  Chair  is  of  opinion  that  the  motion  is  in  order. 

Mr.  tlOHGES,  of  Pulaski.  The  motion  now  before  the  Convention  is 
such  an  one  as  the  honorable  gentleman  from  White  [Mr.  Cypert]  sub- 
mitted upon  the  franchise  question.  

Mr,  MOORE.  I  call  the  gentleman  from  Pulaski  [Mr.  Hodges]  to  order. 

The  question  being, — Shall  the  main  question  be  now  put  ? 
The  SECRETARY  proceeded  to  call  the  roll. 

Pending  the  call  of  the  roll : 

Mr.  CYPERT  said  :  I  move  a  call  of  the  house.  I  desire  every  man  to 
be  here. 

Mr.  HODGES,  of  Pulaski.  I  second  the  call. 

The  demand  for  a  call  of  the  house  was  sustained. 
The  PRESIDEi^T.   The  Sergeant-at-Arms  will  prevent  any  member 
from  leaving  the  hall. 

The  SECRETARY  proceeded  to  call  the  roll. 

Pending  the  call  of  the  roll :  ^ 
Mr.  MOisTTGOMERY  said :  I  move  that  the  proceedings  under  the  call 
be  suspended.  [Cries  of  "  Object."] 

The  vote  was  taken ;  and, 

Mr.  GAi^TT  calling  for  a  division, 

The  question  was  decided  in  the  affirmative, — Ayes  43,  Noes  20. 
(  612  ) 


Feb.  10th.]  AEKA^^SAS  CONSTITUTIONAL  COXYEXTIOX.  [27th  Day. 


Adjournment.— GEIS'ERAL  DEBATE— EXPLAi^ATIO^^S  OF  VOTES. 


AD.JOURXMENT. 

Mr.  HINKLE.  I  move  that  the  Convention  adjourn. 

Mr.  SARBER.  I  move  that  the  motion  to  adjourn  lie  upon  the  table. 

Mr.  GAOTT.  I  ask  for  the  yeas  and  nays. 

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order.  Is  a  motion  to 
adjourn  in  order,  while  we  are  taking  a  vote? 

The  PRESFDEIS'T.  "\Vhere  the  previous  question  is  called  for,  and  the 
'question  is  being  taken,  no  motion  is  in  order. 

Mr.  HLN'KLE.  I  understand  a  motion  to  adjourn  to  be  always  in  order. 

The  PRESIDE^N  T.  Under  most  circumstances,  it  is ;  but  under  the  cir- 
cumstances stated  by  the  Chair,  it  is  out  of  order. 

Mr.  GAT^TT.  I  appeal  from  the  decision  of  the  Chair;  and  upon  the 
appeal  I  call  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  vote  was  taken  upon  the  question, — Shall  the  decision  of  the  Chair 
be  sustained?  and  it  was  decided  in  the  affirmative, — Yeas  46,  Xays  19, 
as  follows : 

Yeas  :  ]\Iessrs.  Belden.  Bell,  Brashear,  Brooks,  Coates,  Dale.  Evans,  Exon, 
Gray  of  Jefferson.  G-rey  of  Phillips.  Harrison,  Hatfield,  Hawkins.  Hinds,  Hodges 
of  Pulaski,  Houghton.  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory,  Mason, 
Misner,  Millsaps,  Montgomery,  Murphy.  McCown.  McClure.  OUver,  Poole, 
Priddy.  Eawlings.  Eector,  Eeynokls.  Eouusaville,  Sams,  Samuels.  Sarber,  Scott, 
Sims,  Smith,  Snyder,  Yan  Hook,  White,  Williams,  and  Wyatt — 46. 

Nays:  Messrs.  Adams,  Beasley,  Bradley,  Corbell,  Cypert,  Duvah,  Gantt, 
Hicks,  Hinkle,  Hoge,  Matthews,  Moore,  Norman.  Portis,  Puiitney,  Shoppach, 
Walker.  Wilson,  and  Wright— 19. 

So  the  decision  of  the  Chair  was  sustained. 

Pending  the  call  of  the  roll : 

Mr.  BEASEEY  (when  his  name  was  called)  said :  I  do  not  know  upon 
what  I  am  voting. 

The  PRESIDENT.  The  question  is,— Shall  the  decision  of  the  Chair 
be  sustained?  The  Chair  has  decided  that  duriuo;  the  takins;  of  the  vote 
upon  the  previous  question,  the  motion  to  adjourn  was  not  in  order. 

Mr.  BEASLEY.  My  understanding  is,  that  a  motion  to  adjourn  is 
always  in  order.    I  shall  therefore  vote  No. 

Mr.  McCO WN  (when  his  name  was  called)  said :  That  same  question 
came  up  in  a  similar  case,  when,  the  other  day,  I  moved  an  adjournment; 
and  it  was  then  determined  that  it  was  not  in  order,  hence,  I  vote  Aye ; 
though  that  decision  was  against  myself. 

Mr.  REYNOLDS  (when  his  name  was  called)  said :  I  believe  the  mo- 
tion to  adjourn  was  made  while  the  roll  was  being  called,  and  after  a 

(  61S  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Monday, 


The  Constitution.— YAIN"  HOOK— McCOWN— McCLUEE. 


member  had  answered  to  his  name.  I  do  not  believe  that  a  motion  to 
adjourn  was  in  order  at  that  time.    I  therefore  vote  Aye. 

The  vote  was  then  announced  as  above. 

THE  CONSTITUTION — RESUMED. 

The  vote  was  then  taken  upon  the  question, — Shall  the  main  question 
be  now  put?  and  it  was  decided  in  the  affirmative, — Yeas  45,  ]N"ays  21,  as 
follows : 

Yeas:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale^  Evans,  Exon, 
Gray  of  Jefferson,  G-rey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds, 
Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mallory, 
Mason,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McOlure,  OHver, 
Poole,  Portis,  Priddy,  Eawlings,  Eector,  Sams,  Samuels,  Sarber,  Scott,  Sims, 
Smith,  Snyder,  White,  Williams,  Wyatt,  and  the  President — 45. 

JSTays:  Messrs.  Adams,  Beasley,  Bradley,  Corbell,  Oypert,  Duvall,  Gantt, 
Hicks,  Hinkle,  Hoge,  Matthews,  Moore,  E'orman,  Puntney,  Eeynolds,  Eounsa- 
vilie,  Shoppach,  Yan  Hook,  Walker,  Wilson,  and  Wright — 21. 

So  the  main  question  was  ordered. 

Pending  the  call  of  the  roll : 

Mr.  YAI»[  HOOK  said:  I  do  not  think  that  I  can  vote  advisedly,  upon 
the  main  question,  now.    I  therefore  vote  l^o. 

Mr.  McCOWISr  (not  having  answered  to  his  name,  and  his  name  being 
called  a  second  time,  at  the  close  of  the  call  of  the  roll)  said :  I  was  neces- 
sarily out  of  the  hall,  and  do  not  know  what  the  main  question  is. 

The  PEESIDEITT.  The  question  is  upon  the  adoption  of  the  motion  of 
the  gentleman  from  Jefferson  [Mr.  Mallory],  that  

Mr.  McCLTJEE  was  understood  to  rise  to  the  point  of  order  that  the 
gentleman  from  Columbia  [Mr.  McCown],  was  not  entitled  to  a  statement 
of  the  question. 

Mr.  McCOWN  said:  I  must,  then,  beg  to  be  excused.  I  cannot  vote 
without  knowing  what  the  question  is. 

The  PRESIDEOT.  The  Chair  will  state  the  question,  for  the  gentle- 
man's information.  The  question  is,— Shall  the  main  question  be  now 
put  ?  and  the  main  question  to  be  put,  if  so  ordered  by  the  Convention,  is 
upon  the  motion  that  the  Constitution,  its  Schedule,  and  Ordinance,  be 
now  adopted  as  a  whole,  and  without  division ;  provided  that  any  member 
may  explain  his  vote  on  any  point  or  points,  and  have  such  explanation 
entered  on  the  Journal ;  provided  that  no  member  shall  occupy  more  than 
five  minutes  in  such  explanation,  except  by  consent  of  the  house. 

Mr.  McCOWK  I  see  no  use  of  staying  here  any  longer.  I  think  the 
Constitution  presented  is  about  what  it  will  be.  I  have,  given  me,  in  that 
motion,  the  right  to  protest,  and  to  explain  anything,  in  regard  to  the 
(  614  ) 


Feb.  10th.]  AEKAXSAS  CO^s^STITUTIO^^AL  COXVEXTIOX.  [27lh  Day. 


The  Constitution— Kecess.— GENERAL  DEBATE. 


Constitution,  that  I  see  fit.  I  see  no  sense  in  staying  here  any  longer,  at 
the  expense  of  the  people.    I  shall  vote  Aye. 

The  vote  was  then  announced  as  above. 

Mr.  CYPERT.  I  still  rise  to  a  point  of  order.  The  question  before  the 
Convention,  now,  is,  I  contend,  out  of  order;  and  I  call  for  the  reading 
of  the  resolution,  passed  at  an  early  day  in  the  session  of  this  Conven- 
tion— no;  I  will  show  it  by  the  rules. 

The  PRESIDEXT.  The  Chair  will  again  state,  for  the  information  of 
the  gentleman,  that  the  rules  have  been  suspended. 

Mr.  CYPERT.  Isot  so  far  as  this  point  is  concerned.  The  rule  that 
the  yeas  and  nays  shall  be  called  upon  the  final  passage  of  every  ordi- 
nance, is  peremptory. 

Mr.  HODGtES,  of  Pulaski.  I  rise  to  a  point  of  order.  As  I  understand 
it,  explanation  is  now  allowed,  but  anything  foreign  to  the  subject  directly 
before  the  Convention  is  out  of  order. 

Mr.  CYPERT.  I  can  see  no  difference,  if  each  gentleman  can  call  for 
the  yeas  and  nays  

The  PRESIDENT.  The  motion  is  perfectly  in  order. 

Mr.  CYPERT.  I  understand  the  motion  to  prescribe  that  the  vote  shall 
be  taken  without  division. 

The  PRESIDENT.  Division  of  what?  The  Chair  understands  the 
division  mentioned  in  the  motion  to  be,  a  division  of  the  question;  while 
it  is  provided  that  each  member  shall  have  a  right  to  explain  his  own  vote. 

Mr.  CYPERT.  Oh  !  I  didn't  understand  it  in  that  way.  [Laughter.] 

RECESS. 

Mr.  GAXTT.  I  suppose  a  motion  to  adjourn  is  now  in  order. 

The  PRESIDENT.  The  Chair  is  of  opinion  that  the  proper  motion 
would  be,  to  take  a  recess.  The  motion  made  is  now  pending.  The  main 
question  has  been  ordered.  The  Chair  is,  however,  inclined  to  the  opinion 
that  a  motion  for  recess  would  be  in  order. 

Mr.  GAis'TT.  I  then  move  that  the  Convention  take  a  recess  until  to- 
morrow morning  at  eight  o'clock.  [Applause.] 

Mr.  WILSO^N".  I  move  to  amend  by  substituting  ten.  o'clock. 

Mr.  McCLURE.  I  submit,  sir,  and  shall  insist,  that  after  a  call  for  the  pre- 
vious question  has  been  sustained,  no  motion  can  be  entertained  by  the  Chair 
until  the  main  question  itself  is  put.  Had  the  demand  for  the  previous  ques- 
tion not  been  sustained,  that  action  of  the  Convention  would  have  carried 
this  business  over,  until  to-morrow,  or  some  other  day.  On  the  other  hand, 
the  effect  of  the  action  of  the  Convention  in  ordering  that  the  main  ques- 
tion be  now  put,  is  to  place  that  question  before  the  Convention;  and  that, 
too,  when  no  other  motion  can  be  entertained,  except  a  call  of  the  house. 

(  615  ) 


1868.] 


DEBATES  AISTD  PEOOEEDmGS  OF  THE 


[Monday, 


Eecess— The  Constitution.— GENEKAL  DEBATE. 


The  PEESIDEI^T.  The  Chair  will  be  glad  to  hear  suggestions  from 
any  gentlemen  that  are  better  informed,  upon  the  point,  than  the  Chair. 

Mr.  HINKLE.  I  have  always  understood  a  motion  to  adjourn  to  be  in  or- 
der at  any  time.  If  this  is  not  some  time,  I  know  nothing  about  it.  [Laughter.] 

The  PEESIDEOT.  The  Chair  has  already  stated  that  in  general  that  is 
the  rule,  but  that,  in  the  opinion  of  the  Chair,  the  present  status  of  the 
question  before  the  Convention  constitutes  an  exception  to  the  rule. 

Mr.  McCLURE.  It  seems  to  me  that  this  proposition  does  not  admit  of 
discussion.  The  question  upon  which  the  Convention  has  acted  was, — 
Shall  the  main  question  be  now  put  ?  The  Convention  has  decided  that 
question  in  the  affirmative.    D  mmns    now,"  and  no  other  time. 

The  PRESIDETnTT.  The  Chair  is  inclined,  as  already  stated,  to  doubt 
the  propriety  of  a  motion,  either  to  adjourn  or  for  a  recess.  The  Chair 
had  hoped  to  have  the  further  suggestions  of  gentlemen,  upon  the  subject. 

Mr.  McCO WI^.  I  am  not  familiar  with  parliamentary  usages ;  at  the 
same  time,  after  hearing  the  Constitution  read, — of  as  great  length  as  it  is, — 
we  should  have  some  little  time  granted,  certainly  enough  to  read  the  docu- 
ment over,  by  ourselves.  So  far  as  any  unnecessary  haste  is  concerned,  I 
am  utterly  opposed  to  it ;  and  I  believe  it  is  right  and  proper  that  we  should 
now  take  a  recess.  Whether  or  not  it  is  right  and  proper  that  we  should 
adjourn,  I  do  not  know.  As  regards  the  submission  of  explanations  of 
votes,  of  course  we  are  not  now  prepared  to  present  those  to  the  Secretary. 
Some  gentlemen  may  not  be  prepared  to  cast  their  vote ;  and  I  think  it  is 
but  fair  and  right  that  we  should  have  a  recess. 

THE  CONSTITUTION — RESUMED. 

The  PRESIDENT.  The  main  question  has  been  called  for;  and  debate 
is  out  of  order  except  by  consent. 

Mr.  GANTT.  I  call  for  the  reading  of  the  Constitution. 
Mr.  MOORE.  I  second  the  call 

The  PRESIDENT.  The  Chair  has  decided  that  when  the  main  question 
has  been  ordered,  the  reading  of  any  paper,  connected  with  the  question, 
is  out  of  order. — Unless  some  authority  is  shown,  to  establish  the  propriety 
of  the  Chair  entertaining  a  motion  for  an  adjournment  or  recess,  the  main 
question  will  be  put. 

Mr.  MOORE.  Do  I  understand  that  we  have  to  vote  upon  that  instru- 
ment, one  way  or  the  other,  whether  we  may  understand  it  or  not? 

Mr.  McCLTJRE.  I  would  suggest  that  a  motion  to  reconsider  this  vote 
may  be  taken.    That  is  the  only  way  to  get  out  of  it. 

Mr.  MOORE.  I  know  that  would  not  do  any  good. 

Mr.  BROOKS.  I  have  no  motion  to  make,  and  no  debate  to  offer.  I 
only  wish  to  ask  whether  gentlemen  desire  to  debate  the  Constitution,  or 
(  616  ) 


Feb.  lOtli.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [27tli  Day. 


The  Constitution.— GEXEEAL  DEBATE, 


auy  portiou  of  it  ;  and  whether  we  will  not,  by  unanimous  consent,  allow 
remarks,  beyond  mere  explanations  of  votes. 

The  PEESIDEXT.  The  Chair  has  already  stated  that  the  Convention 
may,  by  consent,  permit  debate. 

Mr.  TTTNDR.  I  hope  that  unanimous  consent  will  be  given,  to  those 
gentlemen  who  have  intimated  a  desire  to  discuss  the  subject.  They  have 
before  expressed  themselves  in  favor  of  the  adoption  of  the  Constitution 
of  '64.    Perhaps,  after  hearing  this,  they  may  like  it  better. 

The  PEESIDEXT.  By  unanimous  consent,  leave  may  be  given  to  any 
gentleman  who  desires  to  speak.    [Cries  of  Eeave.'"'"] 

Mr.  CYPERT.  I  believe  the  main  cpiestion  has  not  yet  been  voted  upon. 
I  understand  the  question  to  be  tipon  the  adoption  of  the  resolution. 

The  PPESEDEXT.  Yes,  sir  ;  the  Cjuestion  is  upon  the  motion  of  the 
gentleman  from  Jefferson  [Mr.  Mallory.] 

Mr.  CYPERT.  Tv^hen  that  shall  pass,  I  suppose  the  question  will  be 
upon  the  adoption  of  the  Constitution. 

The  PRE  SIDE  YT.  The  question  has  been  more  than  once  stated  by 
the  Chair.  The  question  is  upon  the  adoption  of  the  Constitution,  its 
Schedule,  and  Ordinance. 

The  SECRETARY  began  the  call  of  the  roll. 

Mr.  BEASDEY  (when  his  name  was  called)  said  :  Are  we  voting  upon 
the  Constitution  ? 

The  PRESEDEYT.  Yes,  sir.  L^nanimous  consent  has  been  given,  to 
such  gentlemen  as  may  so  desire,  to  speak.  If  no  gentleman  desires  to 
speak,  the  question  will  now  be  taken. 

Mr.  BEASDEY.  Are  we  to  vote  upon  the  Constitution  as  a  whole  ? 

The  PRESIDEYT.  Yes,  sir. 

Mr.  MATTHEATS.  I  have  some  objections  to  the  Constitution;  but. I 
wish,  in  any  remarks  I  may  make  in  debate,  to-night,  to  confine  myself  to 
the  subject  of  the  elective  franchise. 

Mr.  McCDDRE.  I  would  suggest  that  gentlemen  make  their  speeches 
in  the  order  in  which  their  names  come  upon  the  roll.  Further  consent 
than  that,  I  am  not  willing  to  give. 

Mr.  McCOTv^Y  \yi\  his  seo.i.']  Consent  is  already  given. 

The  PRESIDEYT.  Ynanimous  consent  was  given  by  the  Convention. 
"Will  the  gentleman  [Mr.  McClure]  be  kind  enough  to  inform  the  Con- 
vention what  was  his  intention — that  gentlemen  should  speak  as  their 
names  are  called,  or  as  they  may  see  fit  ? 

Mr.  BROOKS.  0  no  I  I  think  gentlemen  ought  to  have  an  opportunity 
to  speak  when  the  spirit  moves. 

Mr.  HIYEXE  \f.o  Jlr.  Brooks.]  I  thank  you,  very  kindly — the  com- 
parison being  that  you  have  had  the  whole  time  to  speak,  and  grant  us  a 
morsel,  now  ! 

(  617  ) 


1868.] 


DEBATES  A]^D  PEOCEEBmGS  OF  THE  [Monday, 


The  Constitution.— MATTHEWS. 


Mr.  MATTHEWS.  So  far  as  I  am  able  to  judge  from  having  just  heard 
that  proposed  Constitution  read,  for  the  first  time,  the  objections  to  it  are 
numerous  and  enormous.  But  as,  under  the  rule  adopted  to-night,  I  can 
speak  only  during  the  pleasure  ot  the  Convention,  I  will  merely  occupy 
its  time  to  discuss  what  I  conceive  to  be  the  most  salient  of  those  objec- 
tions,— that  is  to  say,  the  provision  regarding  the  elective  franchise. 

Sir,  the  considerations  which  influence,  or  should  influence,  our'action 
upon  the  question  of  the  elective  franchise,  are  so  numerous  and  so  con- 
flicting, and  it  is  so  diflicult  to  determine  which  of  them  is  entitled  to 
precedence  the  one  of  the  other,  that  in  submitting,  as  I  am  about  to  do, 
my  views  upon  this  subject,  if  I  should  do  so  with  the  least  degree  of 
arrogance  or  dogmatism,  or,  indeed,  without  some  distrust  even  of  their 
entire  correctness,  I  would  discover  but  a  poor  appreciation  of  the  difla- 
culty  and  delicacy  of  the  task  before  us. 

While,  therefore,  the  conclusions  at  which  I  have  arrived,  upon  this 
question,  are  the  result  of  the  most  earnest  and  patient  reflection  of 
which  I  am  capable,  they  constitute  no  obstacle  to  that  respectful  and 
candid  consideration  of  the  opinions  of  others,  which,  at  their  hands,  I 
would  bespeak  for  my  own. 

It  is  scarcely  necessary  to  observe  that  the  circumstances  under  which 
we  are  here,  devolve  upon  us  the  duty  of  framing  a  constitution,  if  it  be 
possible  to  frame  such  a  one,  that  will  be  tolerable  to  the  people  of  the 
State,  which  will  be  acceptable  to  Congress,  and  such  as  will  be  ratified 
by  the  registered  voters  of  the  State.  Unless  we  can  frame  a  Constitution 
coming  up  to  every  one  of  these  requirements,  we  might  better  not  have 
met  here,  and  the  sooner  we  return  to  our  homes  the  better  for  the  inter- 
ests of  the  State. 

•  I  believe  it  possible  for  us  to  frame  such  a  Constitution.  But  I  also 
believe  that  in  framing  a  Constitution,  there  is  but  one  path  upon  which 
the  requirements  I  have  mentioned  can  be  met,  and  that  all  others  lead  to 
inevitable  failure  of  the  present  plan  of  reconstruction. 

I  believe  that  if  we  frame  a  Constitution,  in  other  respects  not  particu- 
larly objectionable,  and  if,  in  the  provision  regarding  the  elective  franchise, 
we  fully  and  unequivocally,  but  at  the  same  time  simply  and  only,  com- 
ply with  the  conditions  which  Congress  has  prescribed  in  the  Reconstruc- 
tion Acts,  w^e  may  reasonablj'  hope  for  the  State's  restoration  to  her 
wonted  relations  with  the  General  Government,  by  the  present  eflfort. 
But  if  we  fail  to  comply  with  the  conditions,  or  if  we  shall  go  any  further 
than  a  compliance  therewith,  we  will  have  no  just  grounds  for  such  a 
hope.  This  is  not  the  place  to  argue  that  a  Constitution  complying  with 
the  conditions  named,  would  or  would  not  be  tolerable  to  the  people  of 
the  State. 

It  w^as  well  understood  in  the  late  election,  that  the  only  need  of  a  Con- 
(  618  ) 


Feb.  10th.]  ARKANSAS  CONSTITUTIONAL  CONVENTION.  [27th  Day. 


The  Constitution.— MATTHEWS. 


vention  was,  to  frame  a  Constitution  in  conformance  with  the  requirements 
of  the  Reconstruction  Acts.  Therefore,  when  the  people  voted  to  have  a 
convention,  they  in  eflect  voted  to  have  a  constitution  framed  in  accord- 
ance with  those  acts.  It  is  not  the  province  of  this  Convention,  therefore, 
to  consider  whether  such  a  constitution  would  promote  the  happiness  of, 
or  be  tolerable  to,  the  people,  or  not.  If  this  question  is  to  be  further  con- 
sidered, it  must  be  by  the  people  themselves,  between  this  and  the  time 
they  shall  vote  u]3on  the  ratification  of  the  Constitution. 

While,  then,  we  may  exercise  a  discretion  with  respect  to  the  Constitu- 
tion, in  other  particulars,  and  consider  how,  in  other  respects,  it  might  or 
might  not  conduce  to  the  happiness  of  the  people,  we  are  bound  to  make 
the  Constitution  we  shall  frame,  meet  the  requirements  of  the  Recon- 
struction Acts — otherwise,  we  violate  the  trust  which  the  decision  of  the 
issues  in  the  late  election  has  devolved  upon  us. 

I  deem  it  unnecessary,  also,  to  occupy  the  time  of  the  Convention  in 
arguing  so  plain  a  proposition  as  that  Congress  is  at  least  as  likely  to 
accept  of  our  Constitution,  if  it  fully  but  only  comes  up  to  the  require- 
ments of  the  Reconstruction  Acts,  as  if  it  undertook  to  go  beyond  them ; 
but  will  proceed  at  once  to  point  out  what  are  and  what  are  not  the 
requirements  of  the  Reconstruction  Acts,  with  respect  to  the  elective  fran- 
chise, and  afterwards  to  show  the  probable  result  of  this  Convention  either 
failing  to  meet,  or  going  be^'Ond,  these  requirements. 

The  5th  Section  of  the  Act  of  Congress  "  to  provide  for  the  more  efficient 
government  of  the  rebel  States,"  which  is  the  only  law  I  know  of  in  point, 
reads  as  follows:  (I  invite  particular  attention  to  that  clause  of  the  law 
which  reads — ) 

''^  And  ivhen  such  Constitution  shall  provide  that  the  elective  franchise  shall  be 
ENJOYED  BY  ALL  SUCH  PEKSONS  as  havc  the  qualifications  herein  stated  for  electors 
of  delegates, 

Who  are  the  persons,  I  would  inquire,  that  have  the  qualifications  stated 
in  that  Act,  for  electors  of  delegates  ?  They  are,  sir,  all  the  male  citizens 
of  the  State,  twenty-one  years  old  and  upwards,  of  whatever  race,  color,  or 
previous  condition,  who  were  resident  in  the  State  for  one  year  previous 
to  the  day  of  the  late  election,  except  such  as  were  disfranchised /or 
pation  in  the  rebellion^  or  for  felony  at  common  law. 

But  who  are  disfranchised  for  participation  in  the  rebellion  ?  Not  a 
single  individual,  white  or  black,  except  those  excluded  from  the  privilege 
of  holding  office  by  the  proposed  amendment  to  the  Constitution  of  the 
United  States.    Not  a  single  registered  voter,  who  rightfully  registered. 

Then  how,  sir,  can  this  Convention,  which  has  no  business  on  earth 
except  to  frame  a  Constitution  in  accordance  with  the  requirements  of  the 
Reconstruction  Acts,  undertake  by  that  constitution  to  disfranchise  just 
such  persons  or  classes  as  it  deems  proper  to  disfranchise  ? 

(  619  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


The  Constitution.— MATTHEWS. 


Every  gentleman  on  this  floor  will  admit  that  if  we  were  to  fail  to  confer 
the  elective  franchise  upon  the  negroes,  we  would  fail  to  meet  the  re- 
quirements of  the  Reconstruction  Acts  :  why,  then,  will  we  not  equally  fail 
to  meet  those  requirements  if  we  deny,  by  the  constitution  we  shall  frame, 
the  elective  franchise  to  white  men,  to  whom  Congress  has  not  denied  it  ? 

Surely  gentlemen  who  are  favoring  this  extensive  disfranchisement  have 
not  read,  certainly  have  not  critically  examined,  the  Reconstruction  Acts. 
And  I  do  beg  that  they  will  do  so  before  voting  upon  this  question.  And 
when  they  see,  as  I  think  they  are  bound  to  see,  that  to  deny  the  elective 
franchise  to  any  who  were  rightfully  electors  of  delegates  to  this  Conven- 
tion, would  be  as  much  a  failure  to  meet  the  requirements  laid  down  by 
Congress,  as  a  condition  precedent  to  reconstruction,  as  though  we  were 
to  deny  it  to  the  negroes,  or  to  any  other  class  which  Congress  in  that  act 
provides  must  enjoy  it,  they  will  not  favor  such  denial. 

Sir,  for  my  own  part,  being  fully  convinced  that  such  a  disfranchising 
provision  as  is  proposed  would  not  be  in  consonance  with  the  require- 
ments of  the  Reconstruction  Acts,  and  being  likewise  fully  convinced  that 
to  frame  a  Constitution  coming  fully  up  to  those  requirements  is  our 
highest  duty  as  delegates  here,  and  having  solemnly  sworn  faithfully  to 
discharge  my  duty  as  a  delegate,  I  could  not  possibly  favor  it,  even  if  other 
considerations  did  not  forbid. 

But  while  we  cannot,  without  disregarding  the  requirements  of  the  Re- 
construction Acts,  withhold  the  elective  franchise  from  any  man  possessing 
the  qualification  of  elector  of  delegates  to  this  Convention,  we  are  not 
bound  by  those  acts  to  disfranchise  any  man  who  does  not  possess  those 
qualifications.  We,  sir,  can  fully  meet  every  requirement  of  Congress, 
without  disfranchising  any  class  or  any  man. 

I  know  of  nothing  under  the  sun  upon  which  the  argument  of  those 
who  claim  that  we  are  bound  to  disfranchise  certain  classes  for  participa- 
tion in  the  rebellion  is,  or  can  be,  based,  other  than  the  clause  in  the  law 
I  have  read,  which  is  as  follows — except  such  as  may  be  disfranchised  for 
participation  in  the  rebellion.^'^ 

ITow,  as  to  this  clause,  it  is  hardly  necessary  to  point  out,  to  any  one  at 
all  conversant  with  the  English  language,  that  the  clause  has  reference 
exclusively  to  the  qualifications  of  electors  of  delegates  to  the  Constitu- 
tional Convention.  And  though  Congress  has,  by  the  Reconstruction  Acts, 
required  that  every  one,  having  the  qualification  of  an  elector  of  delegates 
to  this  Convention,  shall  have  the  elective  franchise  under  the  Constitution 
we  shall  frame,  there  is  not,  sir,  a  single  requirement,  hint,  or  intimation, 
in  any  Act  of  Congress  upon  the  subject  of  reconstruction,  making  it  our 
duty  to  disfranchise  any  one  for  not  possessing  those  qualifications.  And 
nothing  has  surprised  me  more,  in  this  Convention,  than  did  the  animad- 
versions of  honorable  gentlemen  on  this  floor,  against  a  resolution  of  mine, 
(  620  ) 


Feb.  10th.]  AEKANSAS  CO^^STITUTIONAL  CONVENTION.   [27th  Day. 


The  Constitution.— MATTHEWS. 


proposing  an  instruction  to  the  appropriate  comraittee,  to  simply  inquire 
into  the  expediency  of  disfranchising  no  one  for  participation  in  the  re- 
bellion— and  the  assertion  by  them  that  the  resolution  contemplated  a 
failure,  on  the  part  of  the  Convention,  to  meet  the  requirements  of  Con- 
gress. Sir,  as  I  have  said  before,  there  is  no  requirement  that  the  Con- 
stitution should  withhold  from  any  one  the  elective  franchise.  And  if  we 
disfranchise  any  class  for  participation  in  the  rebellion,  it  will  have  to  be 
for  some  other  reason  than  that  it  is  necessary  in  order  to  make  the  Con- 
stitution acceptable  to  Congress. 

I  come  next  to  speak  of  the  chances  of  ratification  which  a  constitution 
coming  fully,  but  only,  up  to  the  requirements  of  the  Reconstruction  Acts, 
compared  with  those  of  a  proscriptive  one,  or  of  one  disfranchising  any 
class  for  participating  in  rebellion. 

Sir,  I  am  not  prepared  to  assert  that  if  we  frame  a  constitution  the 
least  objectionable  to  the  white  voters  of  the  State  it  is  possible  for  us  to 
do,  and  yet  make  it  conform  to  the  Reconstruction  Acts,  it  will  be  ratified. 

As  I  have  said  before,  I  believe  it  will,  but  am  not  entirely  certain  it 
will.  And  I  do  not  believe  it  will  be  ratified  by  anything  like  so  large  a 
majority  as  there  was  in  favor  of  a  convention,  in  the  late  election.  A 
few  weeks  only  before  the  late  election  you  could  scarcely  hear  of  a  man 
in  this  State,  who  did  not  believe  that  the  best  that  could  be  done  was  to 
come  forward  and  reconstruct  upon  the  Congressional  plan.  But  about 
that  time,  for  causes  it  is  not  necessary  to  recur  to,  a  reaction  set  in  upon 
this  subject,  and  there  grew  strengthened  an  opposition  to  reconstruction 
so  considerable,  that  at  the  election  there  were  13,558  votes  against  a  Con- 
vention, out  of  41,134  votes  polled;  and  some  25,000  voters  had  become  so 
doubtful  of  the  propriety  of  voting  for  a  Convention  that  they  did  not  vote 
at  all. 

Now,  sir,  the  indications  are  that  this  reaction  had  not  reached  its  culmi- 
nating point  at  the  date  of  the  election,  if  indeed  it  has  yet.  Since  then 
the  most  herculean  efforts  have  been  made,  and  indeed  are  now  being 
made,  by  the  opponents  of  reconstruction.  Their  forces  are  mustered  and 
disciplined,  their  organization  is  complete  and  in  full  operation;  and,  sir, 
if  those  who  favor  reconstruction  by  the  present  effort  would  succeed, 
they  will  require  every  advantage  of  the  situation  it  is  possible  for  them 
to  take.  If,  sir,  we  give  our  opponents  the  arguments  that  we  have 
denied  to  and  withheld  the  elective  franchise  from  citizens,  without  any 
requirement,  therefor,  by  Congress, — in  a  word,  sir,  if  we  shall  enter  the 
contest  in  support  of  a  constitution  loaded  down  with  innovations  upon 
American  and  common-sense  republicanism,  in  my  humble  judgment 
inevitable  defeat  awaits  us. 

Some  gentlemen  seem  to  think  that  a  majority  of  the  registered  voters 
of  this  State  are  abstractly  and  enthusiastically  in  favor  of  the  Congressional 

(  621  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


The  Constitution.— MATTHEWS. 


plan  of  reconstruction.  They  will  permit  me  to  warn  them  that  if  such  an 
opinion  is  founded  at  all  upon  the  vote  at  the  late  election,  in  my  portion 
of  the  State,  it  is,  at  least  to  that  extent,  erroneous,  and,  I  believe,  entirely 
erroneous. 

The  white  men  who  voted  for  a  Convention  in  my  County,  did  not 
prefer  the  Congressional  plan  to  the  President's  plan  of  reconstruction ; 
but  they  voted  as  they  did,  because  they  saw^  little  or  no  hope  of  recon- 
struction in  any  other  direction,  and  many  of  them,  indeed,  voted  for  a 
convention  without  having  determined  even  that  they  would  vote  for  a 
constitution  framed  in  accordance  with  the  requirements  of  the  Reconstruc- 
tion Acts,  however  unobjectionable  in  other  respects  it  might  be.  They 
thought  there  would  be  no  particular  harm  in  having  such  a  constitution 
framed,  and  submitted  to  the  people  for  ratification,  and  that  they  would 
consider  further  as  to  whether  they  would  finally  vote  for  its  ratification. 
They  thought  that  to  peremptorily  vote  down  a  convention  would  be  con- 
strued as  a  defiance  of  Congress,  and  therefore,  in  some  sort,  of  the  General 
Government,  and  would  in  other  respects  be  susceptible  of  misinterpre- 
tation by  the  people  of  the  I^orth.  They  were  not  willing  to  have  it  said 
that  the  people  of  the  State  would  not  entertain  even  the  most  remarkable 
proposition  looking  to  reconstruction.  But  they  had  not  made  up  their 
minds  that  it  was  best  to  accede  to  the  terms  ofiered.  Others,  again,  who 
have  concluded  that  it  is  best,  upon  the  whole,  to  reconstruct  upon  the 
Congressional  plan,  and  who  will  vote  and  work  for  a  constitution  grant- 
ing universal  manhood  suffrage,  will  vote  and  work  against  a  constitution 
which  denies  suffrage  to  any  class,  for  participation  in  the  rebellion. 

The  white  people  of  Arkansas,  with  but  inconsiderable  exception,  I  think, 
do  not  want  negro  suffrage;  they  do  not  believe  in  the  justness  or  pro- 
priety even  of  having  it  forced  upon  them ;  but  a  good  portion  of  them 
have  not  felt  that  we  could  afford  to  neglect  the  conditions  which  Congress 
has  prescribed  for  our  rehabilitation.  But,  sir,  I  apprehend  that  few  of 
these  will  perceive  a  necessity  for  compliance  with  whatever  additional 
conditions  this  Convention  shall  take  upon  itself  to  interpose. 

And  I  tell  you,  sir,  if  this  Convention  shall  frame  a  constitution  which, 
after  enfranchising  the  negroes,  shall  deny  to  white  men  the  elective  fran- 
chise, for  no  offence  of  which  they  have  been  convicted,  it  will  most 
assuredly  be  defeated.  Thousands  who  voted  for  a  convention  will  vote 
against  the  Constitution ;  nearly  every  registered  voter  who  failed  to  vote 
in  the  late  election  will  be  on  hand,  and  in  opposition  to  the  Constitution. 

Nor,  sir,  can  the  negroes  be  counted  on,  to  support  with  unanimity  a 
constitution  against  which  a  large  portion  of  the  white  men  with  whom 
they  voted  in  the  recent  election  shall  be  arrayed. 

In  counties  where  the  negroes  are  largely  in  the  ascendant,  numerically, 
I  admit  that  they  are  likely  to  vote  any  way  their  party  managers  require. 
(  622  ) 


Feb.  lOth.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [27th  Dar, 


The  Constitution.— MATTHEWS. 


But  in  districts  where  they  are  equalled  or  outnumbered  by  the  whites^ 
where  every  negro  has  for  his  friends,  neighbors,  advisers,  and  patrons,  two, 
three,  or  half  a  dozen  white  men,  they  voted  for  a  Convention  because, 
in  part,  at  least,  those  white  men  voted  that  way  or  were  indilferent  upon 
the  subject,  and  therefore  did  nothing  to  counteract  the  effort  of  those  sent 
to  manipulate  the  negroes.  And  if,  sir,  when  all  the  white  men,  in  whose 
midst  they  are,  shall  be  earnestly  and  actively  opposed  to  the  ratification 
of  the  Constitution,  the  negroes  will  to  a  great  extent  be  carried  along 
with  them,  in  spite  of  all  the  tactics  and  enterprise  that  can  be  used  to 
prevent  it. 

The  point  that  I  wish  to  make,  then,  is  that  the  ratification  of  a  constitu- 
tion, coming  up  to  the  requirements  of  the  Eeconstruction  Acts,  is  by  no 
means  a  foregone  conclusion,  and  that  if  we  frame  a  constitution  still 
more  objectionable  to  the  white  people  of  the  State,  it  is  almost  certain  to 
fail  of  being  ratified. 

But  some  gentlemen  have  said  that  if  they  cannot  get  a  constitution 
which  shall  disfranchise  the  rebels,  or  a  particular  class  of  the  rebels,  they 
don't  want  any.  That  is  to  say,  if  they  cannot  have  reconstruction  upon 
their  own  terms,  they  do  not  Avant  it  at  all.  And  yet  these  very  gentlemen 
say  that  I,  and  those  with  whom  I  concur,  are  unsound  upon  the  subject  of 
reconstruction.  (  It  was  in  reference  to  a  resolution  offered  by  myself,  that 
these  remarks  were  called  out.)  AVe  desire  reconstruction  for  its  own  sake 
— nay,  sir,  we  Avant  reconstruction  in  spite  of  the  fact  that  we  have  to  take 
it  mixed  with  what  we  regard  as  an  evil ;  and  yet,  sir,  we  are  called  tm- 
sound,  by  men  who  are  unwilling  to  have  reconstruction,  unless  it  is  such 
reconstruction  as  will  put  the  success  of  their  party  beyond  peradventure  I 
How  much  sounder  reconstructionists  are  these  gentlemen  themselves,  than 
are  even  the  Democrats  ? 

They  desire  reconstruction  if  it  will  secure  the  success  of  the  Republican 
party,  but  not  without — the  Democrats,  also,  are  anxious  to  have  recon- 
struction, provided  they  can  have  it  upon  a  basis  entirely  safe  to  the  Demo- 
cratic party. 

Xow,  sir,  we,  the  few  of  us  here,  whose  devotion  to  the  best  interests  of 
the  State  and  the  country  is  not  circumscribed  by  any  party  lines,  are 
willing  and  anxious  to  have  reconstruction  for  its  own  sake.  TTe  are  will- 
ing to  take  reconstruction,  even  if  thereby  neither  Republican  nor  Demo- 
crat ever  holds  office  ascain. 

But  some,  who  are  in  favor  of  a  proscriptive  Constitution,  claim  that  if 
It  is  not  ratified  by  those  who  are  now  qualified  to  vote,  another  law  of 
CoDgress  will  soon  be  enacted,  confining  the  question  of  ratification  to  such 
classes  as  will  not  fail  to  ratify  it.  But  I  do  not  think  that  those  who  are 
earnest  in  their  professions  of  a  desire  to  have  full  political  rights  con- 
ferred upon  the  negro,  because  they  believe  them  due  him,  and  not  because 

(  623  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Monday, 


The  Constitution.— MATTHEWS— NOEMAN. 


of  any  mere  party  purpose,  will  trade  the  chances  which  Congress  has 
already  given  them  of  eifecting  that  object,  for  a  chance  that  Congress  will 
enable  them  to  effect  a  further  and  different  object. 

Evidently,  the  masses  at  the  I^orth  are  beginning  to  suspect  that  others, 
as  well  as  those  lately  in  rebellion,  may  be  to  blame  for  the  postponement 
of  reconstruction.  They,  it  is  certain,  are  not  abstractly  in  favor  of  negro 
suffrage ;  but  they  have  thus  far  acquiesced  in  its  being  forced  upon  the 
South,  because  led  to  believe  that  it  was  an  essential  means  of  recon- 
struction. 

But  when  the  State  of  Arkansas  has  said,  as  she  has  by  the  late  election, 
that  she  desires  reconstruction,  even  though  she  has  to  take  it  upon  terms 
which  are  repugnant  to  white  men,  ITorth  and  South,  and  everywhere,  I 
think  the  people  of  the  l^orth  will  be  ready  to  say, — "  'Tis  enough."  And, 
sir,  when  a  party  shall,  for  its  own  ends,  still  further  outrage  the  instincts, 
heart-promptings,  memories,  and  teaching,  of  the  American  people,  by 
other  innovations  upon  American  and  common-sense  republicanism,  and 
when  the  people  of  our  State  shall  refuse  to  endorse  those  further  innova- 
tions, the  people  of  the  North  will  say  Amen  !  to  that  refusal ;  they  will 
perceive  that  the  more  there  is  yielded  to  the  demands  of  Radicalism,  the 
more  there  is  demanded,  and,  in  their  disgust,  will  declare,—"  We  have 
already  gone  too  far — let  us  return  to  the  old  landmarks,  to  the  old  original 
time-tested  principles  of  our  fathers." 

Sir,  I  took  the  ground,  in  the  late  contest  upon  the  question  of  conven- 
tion or  no  convention,  that  the  public  sentiment  of  the  country  was  in 
such  a  state  of  incertitude,  impatience,  and,  indeed,  exasperation,  regard- 
ing and  on  account  of  the  postponement  of  reconstruction,  that  the  South- 
ern people  could  not  afford  to  peremptorily  reject  the  Congressional  plan 
of  reconstruction. 

And  I  will  now  and  here  say  and  proclaim,  that  for  the  very  same 
reason,  those  who  desire  the  political  equality  of  the  two  races,  not  for 
any  ulterior  object,  but  because  of  what  they  believe  to  be  right,  cannot 
afford  to  practically  reject  the  Congressional  plan  of  reconstruction  by  the 
interposition  of  further  and  other  conditions,  to  which  the  people  will  not, 
ought  not,  and  cannot  accede. 

Mr.  NORMAlsT.  ISTothing  so  pointedly  distinguishes  us  from  the  brute, 
as  the  desire  to  live  in  favorable  memory  of  those  who  are  to  come  after 
us.  The  man  of  noble  instincts  feels  that  "it  is  not  all  of  life  to  live,  nor 
all  of  death  to  die."  How  forcibly  this  truth  ought  to  impress  itself  upon 
the  mind  of  every  member  of  this  Convention  !  The  work  which  we  are 
doing  is  not  for  a  party,  nor  for  the  fleeting  life  of  a  day.  Possibly  our 
children's  children  will  bless  us  for  our  patriotic,  wise,  prudent,  far-seeing 
statesmanship;  or  mayhap  they  will  damn  us  through  all  the  coming 
years  of  time,  for  our  folly,  our  partisanship,  our  wilful  disregard  of  the 
(  624  ) 


Peb.  10th.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [27th  Day. 


The  Constitution.— yORMAX. 


teachings  of  history,  and  the  lessons  of  our  Creator:  inscribing  upon  our 
humble  tombstones — ^' They  gave  to  party  what  was  meant  for  mankind/'" 
An  intelligent  and  observing  stranger  from  a  remote  country,  would  be 
utterly  astonished  at  the  excitement,  the  turmoil,  the  angry  and  bitter 
coDtentions,  which  agitate  the  public  mind.  The  great  rebellion  has  long 
since  ceased  to  affright  us  from  our  propriety.  Every  man  is  vying  with 
his  neighbor  in  protestations  of  loyalty  to  the  government  of  our  fathers, 
G-overnors,  judges,  sheriffs,  officers  legislative,  executive,  and  judicial, 
abotmd  everywhere  as  of  yore:  yet  the  republic  rocks  and  reels  as  a 
drunken  man.  Uncertainty,  despair,  forebodings,  and  "  chimeras  dire,'" 
hold  their  unwelcome  revellings  in  all  our  bosoms,  and,  like  Banc[uo's 
ghost,  will  not  down  at  our  bidding. 

"TVTiy,"  asks  the  uninformed  stranger,  "  all  this  ?  T\"hy  is  business  pros- 
trated? ^hy  this  great  financial  crisis,  while  the  issues  of  'greenbacks' 
are  as  thick  as  the  'leaves  that  strew  the  vale  of  Tallambrosa.'  "Why  does 
a  general  bankruptcy,  like  a  gloomy  cloud,  hang  over  all  the  land?  TThy 
is  the  laborer  and. the  landlord  alike  impoverished  and  hopeless?  A\^hy 
are  Jeremiahs  and  prophets  of  evil  abounding  everywhere,  weeping  over 
our  disasters,  or  warning  us  of  the  future?'' 

I  assert,  sir,  and  the  solemn  verdict  of  history  will  as  surely  sustain  my 
assertion,  as  the  night  will  follow  the  day,  that  it  is  the  assumed,  but  false 
and  wicked  position,  that  the  Southern  States  need  reconstruction.  From 
the  wide  and  placid  waters  of  the  Potomac,  to  the  ALexican  Eio  Grande, 
the  people,  in  every  legitimate  sense  of  the  word,  are  loyal  to  the  Govern- 
ment and  the  Union.  Over  all  that  boundless  region  State  governments 
exist.  Over  all  this  vast  Southern  country,  peace,  prosperity,  and  plenty, 
would  this  day  be  hovering  with  angel  wings,  and  we  could  grasp  the  hand 
of  every  man  as  a  brother,  but  for  the  fell  spirit  of  party,  but  for  this  in- 
sane purpose  to  rule  or  ruin.  Party,  the  love  of  power  and  of  spoils,  by 
a  devilish  incubation,  have  hatched  a  brood  that  are  brino-ino-  ^voes  un- 
numbered  upon  our  afflicted  country.  If  I  did  not  think,  like  the  patriotic 
old  Eoman,  that  the  city  was  eternal,  I  should  be  ready  to  say:  "AYe 
perish."  But  the  great  God  of  our  fathers  will  be  with  us  even  in  these 
desperate  days;  and  when  the  storm  has  ceased,  liov^  pureicill  be  the  atriios- 
phere  it  will  have  cleared  ! 

Our  unsophisticated  stranger,  who  makes  all  these  pertinent  inquiries, 
will  be  astonished  to  know  tliat  the  now  dominant  party,  fishing  in  the 
broad  ocean  of  chance  for  a  new  lease  of  power  and  plunder,  should  have 
hooked  a  scheme  so  falsely  named,  and  so  fatally  jJregnant  with  mischief. 
Reconstruction  is  the  word — which  is  only  to  be  effected  by  the  aid  of  Afri- 
can votes.  This  is  the  great  sun,  before  which  all  other  issues  and  matters, 
.  political  and  social,  "  pale  their  ineffectual  light.'"  The  broad  and  startling 
proposition  is  announced  to  the  world,  that  no  government  can  be  made 

40  (  625  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Monday, 


The  Constitution.— NOKMAN. 


in  these  Southern  States,  lo3'al  and  true,  without  the  aid  of  negro  votes. 
Every  white  man  who  puts  his  fist  to  that  clause  of  the  proposed  Constitu- 
tion, signs  a  libel  upon  his  race,  and  sanctions  a  wrong  which  he  must 
know  is  unwarranted  and  unwarrantable. 

When  we  protest  against  this,  in  the  name  of  our  blood  and  our  country, 
our  Eepublican  friends  sing  the  same  unvarying  song — Reconstruction — 
w^e  must  reconstract  the  State."  When  they  themselves  know,  as  well  as 
they  know  that  God  is  in  heaven  and  the  Devil  in  hell,  that  if  there  had. 
been  no  negro  votes  in  the  South  to  help  lift  to  qfiice  and  to  plunder, 
we  would  have  been  long  ago,  without  any  aid  of  theirs,  the  most  beauti- 
fully reconstructed  political  fabric  under  the  broad  cerulean  canopy.  [Ap- 
plause on  the  left.]  0  how  fatal  is  the  spirit  of  party!  It  is  now  seeking 
to  tear  down  a  beautiful  Corinthian  temple,  and  erect  in  its  stead  a  rude 
and  disfigured  fabric,  with  unhewn  and  shapeless  material  from  Dahomey 
and  the  Nile ! 

The  political  doctors  are  reducing  all  to  chaos — are  making  the  body 
politic  sick,  because  they  claim  special  skill  in  curing,  when  they  them- 
selves do  the  destructive  work;  upon  the  same  principle  that  the  notorious 
quack  operated  with  all  his  patients — whatever  might  be  their  disease  or 
sickness,  he  asserted  that  he  always  threw  them  into  fits — as  he  was  hell  on 
jits.  [Laughter.]  The  country  is  thrown  into  Jits,  jyolitical,  social,  and  financial, 
that  Thad.  Stevens,  et  id  oyime  genus,  may  demonstrate  to  the  world  that 
they  are  hell  on  Reconstruction  !  [General  laughter.] 

This  fact  is  certainly  apparent  to  every  student  of  history,  that  no  two 
dissimilar  races  have  occupied  the  same  territory,  and  maintained  am- 
icable relations,  except  in  case  one  was  subordinate  to  the  other.  The 
Moors  and  Spaniards  warred  for  ages,  and  there  was  no  peace  till  the 
Crescent  gave  way  to  the  Cross.  Celt  and  German,  Norman  and  Saxon, 
never  ceased  to  hate,,  and  spill  blood,  till  one  or  the  other  was  anni- 
hilated, or  the  discordant  elements  were  mingled  in  the  great  river 
of  life. 

By  giving  the  colored  man  the  elective  franchise,  you  at  once  strengthen 
and  intensify  class  and  race  feelings  and  prejudices.  It  will  be  but  to- 
morrow when  all  the  blacks  will  constitute  one  party,  and  all  the  whites 
the  other  party.  Where,  then,  the  safety  to  either,  or  peace  and  prosperity 
for  our  country  ? 

Education  and  Christianity  may  modify  the  character,  but  prejudices  of 
race  and  color  are  almost  as  unchanging  and  unchangeable  as  the  God  who 
gave  them.  The  more  highly  civilized  the  people,  the  stronger  and  more 
intense  the  race-prejadices  and  sympathies. 

You,  then,  who  love  peace,  you,  who  are  willing  to  trust  to  the  justice, 
the  impartiality,  the  virtue,  of  your  own  white  race,  should  at  once  lift  your 
hands  against  this  precipitate  enfranchisement  of  an  inferior,  ignorant, 
(  626  ) 


Feb.  10th.]  AEKAIsTSAS  COIS'STITUTIOI^AL  CONYENTION.  [27th  Day. 


The  Constitution.— NORMAN. 


and  dissimilar  people.  As  a  laborer,  and  in  a  subordinate  political  posi- 
tion, the  negro  will  be  protected,  courted;  as  a  politician,  despised, 
detested,  destroyed. 

Is  not  the  colored  man  fully  protected  in  life,  in  property,  and  reputa- 
tion, in  Ohio,  in  Kansas,  in  Minnesota?  Where,  then,  is  the  Arkansan 
base  enough  to  assert  that  the  people  of  these  States  are  better  than  we  ? 
If  any,  speak,  for  him  have  I  offended!  Away  then  with  this  slander, 
that  the  negro  must  vote,  to  shield  himself  from  oppression  and  wrong! 

Again,  you  are  investing  him  with  the  elective  franchise  at  the  point  of 
the  bayonet,  against  the  expressed  wish  of  the  millions  of  white  people  of 
the  Southern  States.  This  opposition  is  almost  unanimous.  Those  whites 
favoring  it,  are  of  recent  importation,  or  those  desiring  offices,  or  the  few, 
honest,  timid  few,  who  have  been  frightened  with  the  shadowy  ghosts  of 
confiscation,  and  other  dire  threats  from  a  Jacobinical  Congress.  Can 
you  hope  to  build  a  lasting  fabric,  when  millions  of  hands  are  ready,  and 
millions  of  hearts  willing,  at  the  first  favorable  opportunity,  to  pull  it 
down  and  trample  it  in  the  dust? 

I  tell  you,  to-day,  Mr.  President,  this  opposition  will  grow  stronger  and 
stouter,  with  the  developments  of  each  returning  day,  and  the  time  is  not 
distant  when  all  those  who  have  thus  attempted  to  degrade  their  own  race, 
will  call  upon  the  rocks  and  mountains  to  fall  upon  them,  to  hide  them 
from  the  wrath  and  indignation  of  an  injured  people. 

By  accident,  we  are  in  a  minority  here  now.  But  there  are  twenty 
thousand  majority  of  the  registered  voters,  and  the  uncounted  thousands 
disfranchised,  of  this  State,  at  our  backs;  and  we  may  safely  say,  we  can 
follow  them  and  fear  no  evil. 

It  must  be  wrong;  it  must  be  dangerous;  it  must  ultimately  fail,  and 
fail  signally,  when  it  meets  at  every  step,  in  spite  of  threats,  and  buUy- 
ings,  and  cajolings,  such  stern  and  relentless  opposition.  In  every  aspect 
in  which  it  can  be  viewed,  the  giving  the  elective  franchise  to  the  negro, 
is  fraught  with  evil,  and  evil  continuall3^  It  will  engender  and  precipitate 
race-conflicts;  it  will  force  the  negro  from  his  true  sphere;  and  you  might 
as  well  expect  harmony  in  the  starry  heavens  with  the  planets  out  of  their 
orbits.  It  will  plant  the  seeds  that  will  germinate  into  political  corrup- 
tions that  would  shame  Catiline  or  Danton.  If  successful,  the  greatness 
and  glory  of  our  country  are  gone  forever!  Washington,  Madison,  Jef- 
ferson, and  Marshall,  will  have  lived  in  vain.  The  young  star  of  Arkan- 
sas, but  lately  so  brightly  shining  in  the  political  firmament,  will,  like  the 
lost  Pleiad,  wander  back  into  utter  night. 

I  appeal,  then,  to  all  who  love  Arkansas,  who  expect  to  make  her  people 
their  people,  and  her  God  their  God,  to  touch  not,  taste  not,  handle  not, 
the  unclean  thing ! 

We  are  hourly  told  that  the  State  must  have  reconstruction,  in  order  that 

(  627  ) 


1868.] 


DEBATES  Al^D  PEOCEEDINGS  OF  THE  [Monday, 


The  Constitution.— NOEMAN. 


peace,  prosperity,  and  quiet,  should,  follow  in  its  wake.  Is  there  any  sen- 
sible, honest  Arkansas  Ivepublican,  longer  to  be  deceived  by  so  gross  and 
patent  a  falsehood?  Look  at  the  horrid  and  wicked  oath  which  the  pro- 
posed Constitution  requires  to  be  taken,  and  do  you  believe  that  there  is 
any  honest  desire  to  reconstruct  the  State  Government  upon  honorable 
and  just  terms?  Do  you  not  see  that  every  decent  white,  who  fears  God 
or  regards  man,"  is  forever  debarred  the  right  and  privilege  of  participating 
in  the  government  of  a  State  which  is  to  tax  him,  to  rule  him,  to  guide 
his  daily  life  and  walk? 

They  have  not  the  courage,  like  Robespierre,  to  cut  ofl*  heads,  with  the 
actual  guillotine,  till  their  enemies  are  reduced  to  a  minority,  but  with  an 
ingenuity  hardly  less  cruel  than  that  of  the  great  Jacobin,  they  fetter  all 
the  good  and  noble  of  the  State,  that  they  may  torture  and  degrade,  that 
license  and  plunder  may  go  unwhipped  of  justice,  that  all  who  love  their 
country  may  stand  like  chained  martyrs,  helpless  witnesses  to  public  ruin 
and  public  plunder.  May  we  not  exclaim,  with  the  indignant  old  Roman, 
"0  tempora,  0  mores!" 

How  basely  have  the  Union  men  of  Arkansas  been  betrayed !  How 
have  all  their  assertions  been  belied  and  falsified.  How  have  all  their 
hopes  been  disappointed  !  We  believed  that  Arkansas  could  not  secede, — 
that  Arkansas  once  a  State  was  always  a  State, — that  rebellion  had  abol- 
ished slavery,  but  not  all  the  rights  and  privileges  of  American  citizens — 
that  to  have  been  a  slave  and  an  African  did  not  tit  men  for  the  high  duties 
of  statesmanship.  Yet  such  are  the  dreadful  teachings  of  the  hour.  Yet 
such  are  the  solemn  declarations  sought  to  be  incorporated  in  the  funda- 
mental law  of  one  of  the  once  proud  States  of  the  American  Union. 

I  never  was  a  last-ditch  man.  Blood  and  thunder  declarations  were 
never  regarded  by  me  as  tests  of  manhood  or  evidences  of  fearless  deter- 
mination. But  I  can  say  to  you  now  (and  I  feel  it  as  an  inspiration)  that 
the  people  of  this  State  will  never  submit  to  so  monstrous,  so  cruel,  so 
degrading  terms,  as  you  are  this  night  attempting  to  rivet  upon  them. 
ITever!  ^Tever!  If  this  be  treason,  make  the  most  of  it.  When  you 
have  bound  every  man  hand  and  foot,  and  placed  a  guard  at  every  door, 
then  and  then  only  can  you  hope  to  carry  measures  so  fraught  with  ruin 
and  degradation  ! 

You  claim  that  the  people  were  betrayed  into  secession  by  their  leaders, — 
that  their  hearts  were  all  right, — that  they  were  misled.  An  honorable 
member  asserted,  the  other  day,  upon  this  floor,  that  if  the  Ordinance  of 
Secession  had  been  submitted"  to  the  people  of  this  State,  they  would  have 
indignantly  voted  it  down.  Yet  the  same  misled,  honest,  deceived  Union 
men  of  Arkansas  are  turned  over  to  the  tender  mercies  of  a  negro  gov- 
ernment, run  by  "  carpet-sack"  politicians,  who  are  breathing  out  slaugh- 


(  628  ) 


Feb.  lOtb.]  AEKAIS^SAS  CO^^STITUTIO^s^AL  COA^YElS^TIOIs^.  [27th  Day. 


The  Constitution.— NOEMAI^—MUEPHY. 


ter  and  vengeance!  Is  this  a  specimen  of  the  charity  of  the  "  Grod  and 
Morality"  Party? 

I  must  appeal  to  you  again,  men  of  Arkansas, — men  whose  destinies, 
whose  all,  are  identified  with  our  young  and  noble  State.  Will  you  let 
passion,  and  prejudice,  and  the  bitter  memories  of  the  past,  warp  your 
better  j udgment,  and  blind  your  minds  ?  "  Whom  the  gods  wish  to  destroy 
they  first  make  mad."  Gentlemen  complain  of  rebel  outrages  and  plun- 
derings.  These  cannot  be  justified.  Civil  war  is  the  fruitful  womb  from 
which  they  spring.  The  wonder  is,  that  the  outrages  and  wrongs  on  both 
sides  were  not  tenfold  greater.  But  we  are  not  here  to  punish  treason  or 
to  convict  felons.  The  ostensible  object  is  to  establish  a  civil  constitution 
and  o^overnment  for  the  State  of  Arkansas. 

By  oaths,  by  gerrymandering,  by  means  as  detestable  as  they  are  unjust, 
three-fourths  of  the«wdiite  people  of  Arkansas  are  deprived  of  voice  in 
their  own  government.  And  this,  too,  by  the  party  claiming  to  be  the 
Republican  party. 

You  who  can  endorse  that  iniquity  have  stouter  hearts  than  he  who 
leads  the  forlorn  hope  or  faces  the  booming  cannon.  For,  I  assure  you, 
the  indignation,  the  frowns,  the  curses,  the  just  and  damning  denunciations 
of  a  betrayed,  hopeless,  despairing  people,  will  haunt  you  to  dishonored 
graves. 

Come  out  from  among  them,  then,  m}^  brothers  of  Arkansas! 

•Tor  whilst  the  lamp  holds  out  to  burn, 
The  vilest  sinner  may  return." 

[Laughter.] 

The  angry  passions  of  the  day  must  soon  give  place  to  reason,  and  the 
wicked  purpose  to  plunder,  wither  before  the  sunlight  of  truth.  The 
people  of  the  United  States,  and  a  coming  Congress,  will  yet  do  us  justice, 
and  strike  the  manacles  from  our  limbs.  That  the  day  may  speedily  come, 
let  us  hope,  let  us  ever  pray.  I  glory  in  a  just  and  constitutional  Union. 
I  can  grasp  in  all  this  great  country,  in  my  love  and  admiration.  I  want 
us  all  to  be  brothers.  I  want  that  glorious  old  banner  to  be  again  the 
emblem  of  our  national  unity  and  brotherhood. 

But,  sir,  if  that  Constitution  upon  your  table  becomes  the  law  of  the 
land,  erase  forever  from  the  flag  the  star  of  Arkansas,  and  widen,  and^ 
deepen,  and  lengthen  the  stripe,  as  a  perpetual  memorial  of  her  degrada- 
tion and  her  sorrows ! 

Mr.  MURPHY.  I  had  not  intended  to  have  anything  to  say,  in  this 
Convention;  and  I  have  waited,  long  and  patiently,  in  silence.  But  as 
some  gentlemen  upon  the  other  side  glory  in  flinging  a  firebrand  upon 
the  colored  man, — the  negro  votes, — and  boasting  of  their  great  intelli- 


(  C29  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


The  Constitution.— MURPHY. 


gence,  though  they  may  have  obtained  the  means  of  education  by  the 
black  man's  sweat,  it  is  enough  to  fill  any  man  with  the  inspiration  to 
rise  and  express  the  sentiments  of  his  mind.  They  are  boasting,  upon 
the  other  side  of  the  house,  about  their  great  intelligence.  Though  I 
believe  there  are  some  good  gentlemen  there,  they  cannot  find  where  the 
colored  man  has  a  right  to  vote.  They  have  traced  the  histories  of  Amer- 
ica; they  have  traced  the  histories  of  the  nations  of  the  world;  and  they 
cannot  find  where  the  colored  man  has  the  right  of  suffrage.  They  have 
traced  back  the  history  of  the  world,  for  thousands  of  years;  and  in  it  all 
they  cannot  find  where  the  colored  man  has  the  right  of  suffrage.  He  is 
represented  as  a  brute ;  he  is  called  everything  except  a  human  being. 
But  if  you  will  only  fiy  to  the  supreme  law  of  nations,  the  supreme  law  of 
God,  you  will  find  that  the  colored  man  has  not  only  the  right  to  liberty, 
but  to  every  privilege  of  an  American  citizen.  When  lifted  up  by  the 
hand  of  an  all-wise  God  and  an  overruling  Providence, — when  the  late 
war  resulted  in  the  issuing  of  the  Emancipation  Proclamation  by  Abraham 
Lincoln, — four  millions  of  our  enslaved  brethren  were  called  to  aid  in  the 
establishment  of  this  Union  of  loyalty.  For  the  colored  troops  have  made 
full  proof  of  their  loyalty,  they  have  made  full  proof  of  their  capabilities; 
they  have  marched  to  the  field,  and  they  have  stood  upon  the  field;  they 
have  protected  the  Union  cause,  when  the  flag  was  insulted  by  the  boast 
of  South  Carolina,  that  she  intended  to  make  African  slavery  universal  in 
the  country;  they  have  stood  amidst  the  storms  of  iron  hail,  when  thun- 
dering cannons  roared  around  them,  when  thousands  fell  both  right  and 
left — they  still  stood  fast  and  protected  that  Union  flag.  So  they  stood; 
and  while  gentlemen  have  been  compelled  to  surrender  the  sw^ord,  at  the 
same  time  they  will  rise  here,  now,  under  the  flag  of  the  Union,  after  they 
have  dropped  their  swords  and  their  bayonets,  and  seek  to  limit  our  privi- 
leges! I  would  never  have  spoken,  here,  but  to  say  this  to  the  men  that 
have  been  our  masters,  men  whom  we  have  brought  to  the  very  condition 
they  are  in,  and  have  not  only  fed  them,  but  have  clothed  them,  have 
tied  their  shoes,  and  finally  have  fought  until  they  were  obliged  to  sur- 
render. Yet,  now  that  they  have  surrendered,  they  say  we  have  no  rights  ! 
Has  not  the  man  who  conquers  upon  the  field  of  battle,  gained  any  rights? 
Have  w^e  gained  none  by  the  sacrifice  of  our  brethren  ?  And  not  only  so, 
but  we  are  united  with  the  Eepublican  Party.  I  have  longed  to  see  the 
line  of  separation  withdrawn.  And  every  time  these  gentlemen  come  to 
this  hall,  they  represent  the  negro  as  a  goat — a  goat!  They  have  for- 
gotten that  we  have  tied  their  shoes,  that  we  have  clothed  them,  that  we 
have  driven  them  in  their  carriages,  we  have  reared  them,  in  their  castles, 
we  have  furnished  them  all  the  means  they  now  possess  in  the  world,  and 
we  have  furnished  them  money  to  employ  the  overseers  to  drive  us  in 
the  field,  where  they  have  driven  us  all  the  day  and  half  the  night,  and 
(  630  ) 


Feb.  10th.]  ARKANSAS  CONSTITUTIONAL  CONTENTION.  [27th  Da3^ 


The  Constitution.— MOORE— HODGES  of  Pulaski. 


theu  again  before  the  morning  light.  And  now,  when  we  are  free,  they 
sav  that  we  have  no  right!  no  riglit!  [Applause  on  the  right  of  the  hall.] 

Mr.  MOORE.  This  is  a  monstrous  thing!  We  are  the  representatives 
of  a  great  people.  We  have  assembled  here  under  extraordinary  circum- 
stances. We  have  come  together  for  a  specific  purpose,  for  the  purpose 
of  framing  an  organic  law  for  the  government  of  the  people  of  Arkansas, — 
a  great,  a  noble,  and,  I  believe,  an  honest  people.  But  I  must  say,  I  have 
felt  a  great  deal  of  astonishment,  to-night,  at  what  I  have  heard.  When 
I  sat  in  my  seat,  to-night,  and  listened  to  the  remarks  of  gentlemen  on 
the  opposite  side  of  the  hall, — remarks  which  I  regarded  as  trespassing 
upon  the  rights,  the  interests,  and  the  feelings  of  the  people  of  Arkansas, 
I  must  say  that  my  poor  heart  was  almost  ready  to  bleed,  to  think  that 
such  men  as  those  from  whom  these  remarks  proceeded,  had  ever  polluted 
the  soil  of  Arkansas.  I  must  say  that  I  was  sorry  that  they  had  not  staid 
upon  a  different  soil — I  must  say  that  I  wished  they  had  never  set  their 
foot  upon  that  of  Arkansas. 

But,  sir, — to  leave  that  subject, — I  am  called  upon,  in  a  very  brief 
space  of  time,  to  vote  upon  the  instrument  that  lies  upon  the  table  of 
thi^  Convention.  That  instrument  is  to  be  the  organic  law  of  Arkan- 
sas. It  is  to  be  the  law  under  which  I  expect  to  live;  it  is  to  be  the  law 
by  which  my  children  are  to  be  governed.  I  desire,  sir,  to  express  some 
views,  regarding  that  instrument,  here,  to-night,  in  a  very  humble  way. 
I  desire  to  take  no  grand  position — for  I  feel  very  simple  in  this  con- 
cern. This  instrument  is  one  that  all  heaven,  I  believe,  must  blush, 
to-night,  to  see  put  forth  to  the  people, — an  instrument  which  I  feel 
ashamed  that  anybody  should  come  upon  the  soil  of  Arkansas  and 
attempt  to  stuff  down  the  throats  of  the  people  of  the  State.  It  proposes, 
sir,  to  disfranchise  a  large  portion  of  the  people  of  Arkansas.  It  proposes 
to  disfranchise  me.    It  proposes  to  disfranchise  my  neighbor,  over  there — 

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order. 

Mr.  MOORE..  I  expected  that.  [Laughter.]  [To  Mr.  Hodges.]  I  ex- 
pected your  ears  would  be  tickled  a  little,  before  I  should  get  through. 
Just  keep  your  seat,  and  I  will  tickle  you,  before  I  have  done,  worse  than 
I  yet  have. 

Mr.  HODOES.  I  wish  to  correct  the  gentleman.  That  instrument  pro- 
vides for  your  disfranchisement,  only  in  case  you  should  disfranchise  your- 
selves. 

Mr.  MOORE.  \_To  3Ir.  Hodges.]  Take  your  seat.  If  gentlemen  are 
going  to  interrupt  me,  I  wish  they  would  do  it  all  at  once. 

I  repeat,  that  instrument  proposes  to  disfranchise  a  large  portion  of  the 
people  of  Arkansas.  It  ought  to  disfranchise  the  gentleman  who  has  just 
spoken.  If  he  is  as  good  a  man  as  I  am,  it  will  disfranchise  him.  But  I 
must  say,  as  a  man  who  hopes  and  expects  to  live  and  die  under  the  same 

(  631  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


The  Constitution.— MOOEE. 


government  under  which  I  was  born,  that  no  constitution  can  afford  to 
disfranchise  the  intelligence  of  the  country.  The  instrument  which  lies 
upon  the  Secretary's  table  does  propose  to  disfranchise  the  people  of 
Arkansas;  and  it  goes  further, — its  provisions  would  disfranchise  the 
people  of  the  Southern  States ;  and  I  say  no  republican  government  can 
afford  to  do  that.  Sir,  whenever  you  disfranchise  the  intelligence  of  the 
country,  you  organize,  in  your  own  land,  an  enemy,  l^or  does  the  effect 
stop  there.  The  mftuenee  of  the  intelligent  classes  is  disfranchised — and 
their  influence  is  double,  in  proportion  to  their  numerical  strength.  I 
say  that  no  republic  under  the  heavens  can  sustain  the  burden  of  a  dis- 
franchisement of  the  intelligence  of  that  republic.  Sir,  is  there  any  pre- 
tense that  this  is  not  proposed  by  the  instrument  which  we  here  have 
submitted  to  us  ?  And  if  it  is,  I  say  that  it  comes  before  the  people  as  a 
bastard,  without  a  name — and  a  bastard  that  never  will  receive  a  name,  in 
Arkansas. 

We  did  not  come  here  to  send  out  to  the  people  an  instrument  of  that 
sort,  telling  them  to  disfranchise  the  intelligence  and  respectability  of  the 
country.  We  came  for  a  nobler  and  higher  purpose.  With  what  purpose 
did  the  men  assemble,  who  met,  in  this  hall  or  elsewhere,  in  1836,  to  frSme 
a  government,  republican  in  form,"  for  the  State  of  Arkansas?  Did  they 
come  with  that  kind  of  spirit  shown  here  to-night?  Did  they  come  to 
force  upon  the  people  an  instrument  thus  odious  in  the  extreme  ? 

A  MEMBER.  I  would  ask  the  gentleman  what  kind  of  Convention 
assembled  here  in  '61. 

Mr.  MOORE.  Take  your  seat,  if  you  please. 

The  PRESIDEiSTT.  The  gentleman  from  Pulaski  is  not  entitled  to  the 
floor  without  the  consent  of  the  gentleman  from  Ashley  [Mr.  Moore.] 

Mr.  MOORE.  I  do  not  wish  to  be  disturbed  in  my  remarks.  If  the 
gentleman  wishes  to  say  anything  more,  while  I  am  speaking,  I  hope  he 
will  finish  now. 

This  instrument,  I  say,  disfranchises  a  large  class  of  citizens;  and  I 
stood  up,  upon  this  floor,  holding  up  my  hand,  while  you,  sir,  administered 
to  me  an  oath  which  implied  that  I  would  consent  to  do  nothing  of  the 
kind.  I  felt,  sir,  when  I  took  that  oath,  that  I  was  going  to  do  my 
Avhole  duty  to  the  people  of  Arkansas.  I  believed  that  you  acted  in  all 
good  conscience,  and  I  believed  that  you  had  the  right  to  administer 
that  obligation.  I  meant  to  live  up  to  it.  And  yet,  now,  sir,  I  am 
called  upon  to  vote  for  that  instrument,  w^hen  by  so  doing  I  would  be 
violating  the  sacred  obligation  which  you  administered  to  me.  I  should 
be  recreant  to  all  the  feelings  that  ever  palpitated  in  this  bosom  of  mine, 
if  I  were  to  prove  false  to  that  sacred  obligation.  I  would  not  swear  to  a 
lie,  for  all  Arkansas;  I  would  not  swear  to  a  "lie,  for  the  benefit  of  all  the 
members  of  the  Republican  Party,  in  the  world.  I  would  not  swear  to  a 
(  632  ) 


Feb.  10th.]  AKKA^^SAS  CON^STITUTIOI^AL  COJ^YElSrTIOIS^  [27th  Day, 


The  Constitution.— MOORE— BROOKS. 


lie,  for  all  the  world  itself.  T  do  not  think  I  would.  That  sacred  instru- 
ment which  you  swore  me  to  support,  the  Constitution  of  the  United 
States,  declares,  in  the  Second  Section  of  the  Fourth  Article,  that 

"  The  citizens  of  each  State  shall  be  entitled  to  all  the  privileges  and  immu- 
nities of  the  citizens  of  the  several  States." 

ITow,  Mr.  President,  the  Constitution  that  lies  upon  the  Secretary's  desk, 
proposes  to  enfranchise  all  Africa;  while,  if,  to-night,  the  negro  of  Arkan- 
sas, who  by  this  instrument  is  to  be  awarded  the  right  of  suffrage,  were 
to  go  into  Iowa,  into  Kansas,  into  Connecticut,  or  any  of  those  States, 
he  could  not  enjoy  the  immunities  which  it  is  proposed  to  give  him  here. 

Mr.  COATES  [in  his  seat.^  He  can  go  to  Ohio. 

Mr.  MOOKE.  He  could  not  do  it,  a  few  days  ago. — He  cannot  do  it  to- 
night. 

Mr.  COATES  [in  his  seat.']  He  can  go  there  at  any  time  he  chooses. 

Mr.  MOORE.  Fifty  thousand  white  men,  good  and  true,  a  majority 
of  the  State,  said  he  could  not.  Yet  you  call  upon  me  to  vote  for  an  instru- 
ment that  endows  him  with  such  privileges  in  Arkansas ! 

Let  me  turn  to  my  apostolic  friends,  who  propose  to  live  under  the 
Bible — ^to  take  the  Bible  as  the  man  of  their  counsel.  Let  me  ask  them, 
in  all  good  conscience,,  if  they  can  do  this  thing.  I  imagine  they  would 
shirk  it,  unless  they  are  the  sort  of  people  who  do  not  know  the  Bible, 
nor  its  teachings.   • 

Mr.  BROOKS.  Does  the  gentleman  refer  to  that  part  of  the  Bible  which 
says,  "  An  eye  for  an  eye,  and  a  tooth  for  a  tooth?"  [Laughter.] 

Mr.  MOORE.  Yes,  sir;  I  mean  to  refer  to  that  part  of  the  Bible— ^' An 
eye  for  an  eye,  and  a  tooth  for  a  tooth  !"  and  I  mean  to  refer,  too,  to  that 
other  part  of  the  Bible  which  forbids  a  lie.  That  is  another  part  of  the 
Bible,  to  which  I  desire  to  refer.  I  would  refer  to  the  whole  Bible — I  like 
it,  from  the  first  of  Genesis  to  the  last  of  Revelation.  I  do  not  know 
whether  the  gentleman  can  stand  it  all,  or  not — I  don't  know  whether  or 
not  it  would  suit  him.  I  desire  to  take  the  whole  ;  if  he  wants  a  different 
Bible  from  the  one  made  by  God,  through  inspired  men,  I  cannot  go  with 
that  gentleman. 

But,  sir,  we  are  told  that  we  ought  to  adopt  this  Constitution,  because  it 
offers  equal  rights  to  all  parties.  Sir,  you  know  that  is  not  so.  You  know 
it,  sir!  I  say  that  you,  as  President  of  this  Convention,  know  that  is  a 
libel  upon  its  face.  I  say  it  is  a  libel,  too,  upon  common  sense.  Take  the 
latter  part  of  the  Constitution — take  the  apportionment  which  it  fixes ; 
and  is  it  not  an  insult  to  Heaven  ?  Is  it  not  an  insult  to  common  sense? 
Is  it  not  an  insult  to  every  member  of  this  Convention  ?  Do  not  the  gentle- 
men who  introduced  that  Article  here,  feel  ashamed  that  they  should 
attempt  to  force  upon  the  people  of  this  State  a  measure  of  that  kind  ?  I 

(  G33  ) 


1868.] 


DEBATES  AND  PEOCEEDIJSTGS  OF  THE 


[Monday, 


The  Constitution.— MOORE. 


tell  them  now,  and  I  tell  them  in  bold  and  emphatic  language,  that  Ar- 
kansas will  not  swallow  any  such  instrument  as  that.  Arkansas  is  too  free, 
too  intelligent,  and, — as  that  Committee  on  Finance  said,  a  few  days  ago, — 
has  "stolen"  too  much,  ever  to  suffer  such  a  thing  to  go  down  its  throat. 
Nor  can  these  recent  importations  compel  the  State  to  swallow  it.  Look 
at  my  own  little  district — Ashley,  Chicot,  Drew,  and  Desha!  Why  is  such 
an  apportionment  as  that  made?  Great  Heaven!  look  down  upon  this 
work!  The  object  of  this  apportionment  is,  that  little  Ashley  County 
shall  be  forced  to  hover  under  the  black  wing  of  the  negro  majority  in  the 
counties  with  which  she  is  joined.  Sir,  it  is  a  burning  shame,  an  outrage 
upon  honesty;  and  no  honest  man  would  offer  such  a  proposition  in  a  de- 
liberative body.  This  is  pretty  bold  language.  It  comes  from  me — I  am 
responsible  for  it,  here  or  elsewhere.  I  say  it  is  an  insult  to  honesty ;  I 
say  it  is  an  insult  to  my  rights ;  I  say  it  is  an  insult  to  the  people  I  have 
the  honor  to  represent,  who  are  a  bold  and  chivalric  people.  Tell  me 
that  we  are  to  have,  from  that  district,  six  Representatives  and  two  Sena- 
tors !  Why,  I  know  the  gentleman  blushed,  if  anything  like  shame  could 
have  been  written  upon  him ;  and  if  the  mark  of  Cain  had  not  been  written 
upon  their  brow,  others,  of  his  associates,  would  have  blushed.  I  feel 
ashamed — I  feel  ashamed !  that  men  with  so  little  moral  integrity  could 
ever  have  stepped  upon  the  soil  of  my  adopted  State.  I  love  Arkansas,  I 
love  the  people  here ;  but  I  do  not  'love  a  want  of  moral  integrity.  I  do 
not  love  that  anywhere,  or  in  any  people. 

Sir,  the  people  of  my  County,  and  the  people  of  Arkansas,  will  sa}^  that 
this  Convention  was  conceived  in  sin  and  brought  forth  in  iniquity ;  they 
will  say  that  hell  never  produced  anything  like  it;  that  it  is  a  shame  to 
the  moral  sense  and  moral  decency  of  a  respectable  community;  and  yet 
gentlemen  will  have  the  boldness  to  rise  here  and  move  the  previous  ques- 
tion upon  a  motion  that  the  whole  instrument  here  presented  to  us  be 
adopted,  without  division,  at  once  !  Great  God  !  Do  you  not  feel  ashamed, 
Mr.  President? — does  not  that  whole  concern,  over  there,  feel  ashamed? 
[Laughter.]  Is  it  not  a  disgrace  to  the  very  bystanders,  here,  that  such  a 
thing  should  be  sent  out  to  honorable  old  Arkansas,  that  has  for  thirty- 
two  years  been  living,  moving,  and  having  her  being,  in  the  great  family 
of  States,  and  that  is  now  called  upon  to  adopt,  as  her  organic  law,  such 
an  instrument  as  this? 

I  propose,  sir,  to  refer,  in  a  very  slight  way,  to  the  principles  taught  by 
Washington,  Madison,  Jefferson,  the  great  Adams,  and  all  the  other  illus- 
trious exponents  of  the  fundamental  doctrines  of  the  Constitution  of  the 
United  States.  I  wish  to  refer,  more  especially,  to  their  views  in  refer- 
ence to  the  representative  system  in  a  republican  government.  Look  at 
the  instrument  presented  to  us  this  evening,  and  say  how  the  system  of 
representation  is  there  arranged.  See  whether  it  is  a  representative  sys- 
(  634  ) 


Feb.  10th.]  AEKAXSAS  CONSTITUTIO^^AL  CONYEXTIOX.  [27th  Day. 


The  Constitution.— :M00EE— HODGES  of  Pulaski. 


tern.  I  cannot  tell  whether,  under  the  provisions  of  that  instrument,  I 
have  or  have  not  anv  rights.  I  think  a  man  who  votes  for  it,  ought  to  be 
ashamed  that  he  ever  was  in  Arkansas.  Ask  yourselves,  whether  the 
people  have  auj  rights,  whether  any  gentleman  upon  this  floor  has  any 
essential  rights,  under  that  representative  system.  There  is  no  gentleman 
here,  of  common  honesty — that  is  the  word  I  desire  to  use,  to  use  in  its 
broadest  sense,  and  desire  that  it  should  be  understood  in  its  broadest 
sense, — that  can  approve  of  such  a  thing.  I  know  that  there  are,  here, 
venerable  men  of  Arkansas, — of  Southern  Arkansas, — men  whom  I  like, 
men  of  piety  and  devotion,  men  who  revere  the  teachings  of  the  Bible — 
under  whose  wings  I  am  glad  to  be  gathered.  They  cannot  swallow  any 
such  thing  as  this ;  for  an  acquiescence  in  it,  as  they  well  know,  must  de- 
prive them  of  everything  like  common  honesty.  Sir,  I  am  ashamed, 
to-night,  that  I  ever  occupied  a  position  in  this  mongrel  Convention.  I 
wish  I  had  never  occupied  my  seat — that  you  had  shoved  me  out  of  the 
seat.  For  I  am  degraded,  before  the  eyes  of  the  people, — unless,  indeed, 
I  enter,  upon  the  records  of  this  Convention,  my  solemn  protest  against 
its  proceedings  :  and  that  I  will  do.  ^ 
Another  question  arises,  after  this,  

Mr.  HODGES,  of  Pulaski.  I  would  ask  the  gentleman,  what  was  his 
acconnt  for  mileage  ? 

Mr.  MOORE  [to  JTr.  Hodges.]  Take  your  seat.  Have  you  any  more 
prisoners  to  kill  ?  If  you  have  no  more  negroes  to  kill,  let  me  go  on,  now. 
[Laughter.] 

The  next  point  that  strikes  my  mind,  in  the  discussion  of  this  question, 
is  that  of  the  test-oaths  required. — If,  however,  the  gentleman  from  Pulaski 
[Mr.  Hodges]  has  any  other  prisoner  of  the  Penitentiary  to  kill,  or  any  other 
matter  to  attend  to,  if  he  will  let  me  know  it  I  will  suspend  my  remarks. 

Mr.  HIXDS.  I  would  like  to  know  how  many  miles  it  is  from  this  City 
to  Ashley  County. 

Mr.  MOORE  [to  Mr.  Hixds.]  Xine  thousand  miles,  if  you  please.  It  is 
a  great  many  more  miles  there  than  you  will  ever  get  votes  there. 

Mr.  President,  whenever  that  party  gets  through  with  his  remarks,  I 
will  proceed. 

The  PRESLDEXT.  Let  the  gentleman  proceed. 

Mr.  MOORE.  I  pay  no  regard  to  remarks  of  that  kind.  If  there  is 
any  more  yelping  to  be  done,  I  trust  it  will  be  done  at  once,  and  that  I 
may  then  be  permitted  to  go  on.  

]S'ow  as  to  the  question  of  test-oaths.  Sir,  what  is  required,  in  order  to 
disfranchise  a  man,  in  the  L^nited  States  of  America  ?  Can  you  disfran- 
chise a  citizen,  under  the  Constitution  of  the  L^nited  States — that  law 
under  which  we  live,  which  was  penned  by  the  greatest  intellects  that 
America  has  ever  produced — under  that  Constitution  can  you  disfranchise 

'(  635  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Monday, 


The  Constitution.— MOOEE. 


him  otherwise  than  by  trying  him,  and  convicting  him  of  crime?  If  you 
cannot,  then  I  must  say  that  the  test-oath  required  of  voters,  in  Arkansas, 
is  in  violation  of  the  Constitution  of  the  United  States,  and  of  the  oath 
we  took  when  we  entered  upon  our  duties  as  delegates  in  this  body.  Is 
it,  then,  expected  that  we  are  to  break  our  oaths,  by  fixing  a  test-oath  in 
violation  of  the  great  principles  of  republican  government  ?  I  say,  sir, 
that  the  attempt  to  require  such  an  oath,  is  an  unconstitutional  proceed- 
ing, and  one  that  ought  to  raise  a  blush  upon  the  face  of  any  man  who 
should  propose  it  here. 

This  is  not  all.  Let  us  go  on  a  little  further,  and  inquire  how  men  are 
to  be  enfranchised,  in  Arkansas,  and  in  the  United  States.  What  is  re- 
quired, in  order  to  make  a  man  a  citizen  of  the  United  States?  If  a 
foreigner,  he  has  to  become  naturalized,  before  he  has  the  full  privileges 
of  citizenship.  I  would  ask  an}^  gentleman  whether,  if,  during  the  days 
of  slavery,  I  had  emancipated  my  negro,  that  woiild  have  constituted  him 
a  citizen  ?  I  ask  the  question  of  every  candid  man  of  common  sense.  I 
have  had  a  few  negroes,  in  my  life,  and  lost  them  honestly,  by  the  war, 
and  gave  them  up  willingly.  I  ask  whether,  if  I  had  freed  them  before 
the  war,  that  act  of  emancipation  Would  have  made  them  citizens,  in  any 
of  the  United  States?  Now,  if  that  act  would  not  have  made  them  citi- 
zens, would  a  bare  proclamation  of  the  President  of  the  United  States, 
freeing  them,  as  a  war  measure,  make  them  citizens  of  the  United  States? 
I  appeal  to  every  sane  man  to  take  that  question  to  himself,  and  ask  him- 
self whether  a  bare  proclamation  of  emancipation  made  negroes  citizens. 
If  it  did,  then  such  a  proclamation  w^ould  make  an  Indian  a  citizen. 
Under  the  instrument  presented  to  us  to-night,  if  every  Indian  in  the 
Choctaw  Nation  were  to  come  to  Arkansas,  he  would  be  allowed  to  vote 
— if  every  Indian  in  the  Cherokee  Nation  were  to  come,  he  could  vote — 
if  the  Snakes,  and  all  the  other  Indians  that  ever  lived,  were  to  come 
here,  they  w^ould  all  be  entitled  to  vote.  You  propose  to  enfranchise  the 
last  one  of  them.  If  all  Africa  were  to  move  into  Arkansas,  under  that 
instrument  they  would  be  enfranchised  to-morrow!  Are  you  willing  to 
do  that?  That  instrument  surrenders  manhood  suffrage.  It  takes  the 
right  from  us,  and  confers  it  upon  an  ignorant  class,  not  citizens  of  the 
United  States,  under  the  Constitution.  I  ask  every  reflecting  man 
whether  that  class  are  citizens  of  the  United  States.  Sir,  if  they  were 
citizens,  they  would  have  been  entitled  to  vote;  and  they  had  no  such 
right.  Then,  too,  if  they  are  citizens,  why,  in  the  name  of  reason  and 
common  sense,  why,  in  the  name  of  all  that  is  just  and  right,  should 
Congress  ask  us  to  adopt  the  proposed  Fourteenth  Amendment  to  the 
Constitution  of  the  United  States?  That,  of  itself,  carries  with  it  the  fact 
that  the  Congress  of  the  United  States,  the  people  of  the  United  States, 
do  not  regard  them  as  citizens,  or  we  should  never  be  asked  to  assent  to 
(  636  )• 


Feb.  10th.]  AEKAJ^SAS  CONSTITUTIONAL  CONVENTION.  [27th  Day. 


The  Constitution.— MOOKE. 


the  incorporation,  in  the  Constitution,  of  an  amendment  tlie  purpose  of 
which  is  to  declare  them  citizens.  It  would  be  preposterous,  in  a  body  of 
as  sensible  men  as  the  Congress  of  the  United  States  pretend  to  be,  and 
ought  to  be,  to  ask  the  people  to  adopt  an  amendment  declaring  the  citizen- 
ship of  a  class  already  citizens.  And  yet,  because  we  are  a  downtrodden 
and  oppressed  people,  we  are  asked  to  make  them  citizens.  Sir,  there  is 
but  one  object  in  making  them  citizens,  and  giving  them  the  right  of  suf- 
frage, and  that  is,  to  propagate,  and  maintain  in  power,  the  Radical  Party. 
That  party  know,  to-day,  that  their  death-knell  is  sounded,  unless  they 
can  succeed  in  making  the  poor,  deluded  African  a  voter.  They  know  it. 
It  is  as  patent  to  them  as  that  the  noonday  sun  will  shine  when  this  snow- 
storm shall  pass  off.  They  know  they  have  held  their  last  office  in  Ar- 
kansas, unless  they  can  succeed  in  this  attempt  to  enfranchise  the  negro, 
get  him  under  their  thumb,  and  make  him  an  instrument  of  power.  Has 
it  not  been  said,  in  my  hearing, — "  We  don't  care  a  curse  for  the  nigger, 
unless  we  can  use  him  for  political  purposes,  and  for  the  benefit  of  the 
Radical  Party!"  And  so  the  poor,  deluded  African  is  permitted  to  be 
estranged  from  his  old  friends,  to  follow  after  new  gods,  and  uncertain 
ones,  to  hold  to  new  and  uncertain  friends,  who  only  want  to  use  him  for 
the  attainment  of  party  ends,  and  as  instruments  of  political  power.  They 
care  no  more  for  him  than  I  do  for  the  man  in  the  moon,  no  m.ore  than 
they  do  for  the  Devil,  except  as  they  can  use  him  for  their  own  advan- 
tage. Is  there  one  man  in  this  body,  belonging  to  the  extreme  wing  of 
this  concern,  wdio  will  come  up  to  me,  and  say  he  believes  the  negroes  to 
be  capable  of  exercising,  intelligently,  the  right  of  suffrage  ?  There  are, 
indeed,  some  of  their  fanatical  preachers  and  others,  who  have  imbibed 
the  idea  that  black  is  white  and  white  is  black;  but  when  you  come  to 
the  honest  members  of  the  party,  the  last  one  of  them  will  acknowledge 
that  it-is  only  for  political  purposes  that  they  want  the  negro  enfranchised. 
I  have  lived  in  the  South  all  my  life ;  I  was  suckled  by  a  negro  woman, 
and  her  milk  w^as  as  good  as  that  of  anybody  else.  But  I  do  not  believe 
that  her  offspring  were  competent  to  take  upon  themselves  the  govern- 
ment of  this  country. 

Nor  do  we  stop  there.  In  enfranchising  the  negro,  you  make  him  your 
political  and  social  equal.  .  It  is  to  invite  him  into  your  house,  and  make 
him  the  companion  of  your  social  hours.  In  my  opinion,  if  he  should  be 
enfranchised,  he  would  be  taken  into  the  parlors  of  all  that  vote  for  him 
— to  marry  their  daughters,  and,  if  necessary,  hug  their  wives !  If  you  " 
enfranchise  him,  give  him  all  those-  rights.  I  stand  here,  to-night,  will- 
ing, cheerfully  willing,  to  give  him  all  his  rights  before  the  law,  willing 
that  he  should  enjoy  liberty  of  person  and  property;  but  when  it  comes 
to  doing  violence  to  my  obligations  as  a  member  of  this  body,  I  must  stop. 
I  did  not  come  here  to  swear  a  lie.    And  w^ere  I  to  assist  in  proposing,  to 

(  637  ) 


1868.] 


DEBATES  AND  PEOCEEDIIsrGS  OF  THE  [Monday, 


The  Constitution.— MOOKE— HODGES  of  Pulaski. 


tbe  people  of  Arkansas,  a  Constitution  that  should  enfranchise  the  Afri- 
can,— or  the  emancipated  descendant  of  Africans,  in  these  Southern  States, 
if  you  will  have  it  that  way, — I  would  be  doing  violence  to  the  obliga- 
tion that  I  took;  and  every  other  honest  man  would  be  doing  violence  to 
that  obligation,  by  taking  such  a  course.  We  swore  that  we  would  faith- 
fully support  the  Constitution  of  the  United  States,  and  would  impartially 
discharge  the  duties  incumbent  upon  us  as  delegates  to  the  Constitutional 
Convention  of  Arkansas,  according  to  the  best  of  our  ability.  If  we  vote 
for  the  enfranchisement  of  the  negro,  we  violate  that  sacred  oath,  for  we 
violate  the  Constitution  of  the  United  States.  And  if  the  enfranchised 
negro  of  Arkansas  should,  to-day,  go  to  Illinois, — possessing,  here,  all  the 
rights  and  blessings  that  I  possess,  having  the  privilege  of  walking  up  to 
the  polls  and  voting, — he  could,  according  to  the  laws  of  Illinois,  be  ex- 
pelled from  that  State.  And  I  have  before  me,  sir,  the  decision  to  sustain 
my  statement.  Sir,  I  do  not  wish,  by  such  action  as  is  here  proposed,  to 
bring  this  country  into  confusion,  or  to  precipitate  another  rebellion.  I 
have  seen  as  much  war  and  fighting  as  I  wish  to  see.  I  have  seen  enough ! 
I  have  stood  by  and  witnessed  scenes  that  would  make  the  blood  curdle 
in  the  veins  of  any  man  possessed  of  any  feeling.  I  want  to  see  no  more 
such.  Do  not  rob  the  people  of  their  inestimable  rights.  Do  not  strip 
them  of  those  rights  which  they  have  enjoyed  for  the  last  ninety  years. 
Let  us  enjoy  them  as  was  intended  by  the  great  framers  of  that  instru- 
ment, now  daily  insulted  throughout  the  country.  Let  us  live  up  to  that 
instrument,  not  oppose  it — it  is  one  which,  faithfully  observed,  should 
make  us,  as  a  people,  respected  and  beloved  of  all  the  world. 

I  have  been  sitting,  now,  in  this  Convention,  for  several  days;  and,  as 
I  have  reflected  upon  what  I  have  seen,  I  have  thought  of  what  I-*have 
read  in  the  Bible, — that  when  the  great  Son  of  Man  was  placed  upon  the 
cross,  the  sun  in  Heaven  refused  to  shine,  because  of  the  iniquities  "of  the 
people.  Sir,  the  sun  of  heaven  has  now  refused,  for  several  days,  to  shine 
upon  this  assembly.  I  can  hardly  but  believe  that  it  is  the  iniquities  of 
this  body. that  have  thus  dimmed  the  face  of  nature  itself.  We  are  ruin- 
ing the  people ;  we  are  robbing  them  of  their  rights.  I  say,  take  that 
instrument  back,  and  make  it  what  it  should  be.  We  do  not  propose  to 
vote  upon  it ;  but  let  them  take  it  back,  and  make  it  what  it  should  be,  so 
that  the  people  shall  not  be  ashamed  of  it,  and  that  G-od  in  heaven  may 
not  frown  in  wrath  at  so  shameful  an  enactment.  You,  gentlemen,  the 
'  last  one  of  you,  ought  to  be  ashamed  to  let  such  an  instrument  go  before 
the  people  of  Arkansas.  It  is  an  insult  to  the  intelligence  of  Arkansas; 
it  is  an  insult  to  their  manhood ;  it  is  an  insult  to  every  decent  gentleman 
in  the  State. 

Mr.  HODGES,  of  Pulaski.  My  speeches  are  always  short;  and  I  feel 
an  inclination  to  answer  the  gentleman,  so  far  as  regards  his  exceedingly 
(  688  ) 


Feb.  lOtb.]  AEKANSAS  CONSTITUTIONAL  CONTENTION.  [27th  Bay, 


The  Constitution.— HODGES  of  Pulaski— MOOKE. 


great  shame.  The  reason  why  I  asked  him  the  question  which  I  just  now 
propounded,  was,  that  I  happened  to  see,  upon  the  Secretary's  table,  a 
little  note,  which  I  will  read. 

[Mr.  Hodges  here  read  a  certificate,  on  honor,  of  Mr.  Moore,  calling 
for  mileage  for  about  nine  hundred  miles'  travel.] 

Mr.  MOOEE.  That  is  just  eight  hundred  and  eighty-eight  miles  less 
than  to  the  Penitentiary. 

Mr.  HODGES.  I  understand  the  distance,  really,  to  be,  instead  of  some 
four  hundred  and  fifty  miles,  one  hundred  and  thirty  or  one  hundred  and 
forty. 

Mr.  MOOEE.  That  is  a  personal  matter,  and  I  wish  to  reply  to  it. 

Mr.  HODGES.  I  will  give  the  gentleman  permission. 

Mr.  MOOEE.  I  desire,  in  replying,  to  show  the  number  of  prisoners 
the  gentleman  has  killed. 

Mr.  HODGES.  An  official  report  of  a  Committee,,  upon  that  subject, 
has  been  presented,  and  lies  upon  the  table. 

The  Senator  from  the  gentleman's  County,  last  winter,  drew  mileage 
for  two  hundred  and  seventy  miles.  Enough  of  this.  I  desire  to  say  a 
word  or  two  in  reference  to  the  apportionment  fixed  by  the  Constitution. 
It  is  similar  to  that  of  various  other  States,  among  which  I  will  mention 
Illinois  and  Minnesota;  and,  with  opportunity  of  reference,  I  could  men- 
tion several  others.  I  think  it  is,  also^  the  practice  of  the  State  of  Georgia. 
It  may,  or  it  may  not,  be  a  "  carpet-sack"  arrangement. 

Upon  the  subject  of  the  franchise,  I  will  merely  say  a  word  or  two  in 
explanation.  Section  Three  of  the  Article  on  that  subject,  to  which  the 
gentleman  objects,  provides,  first,  for  disfranchising  persons  who,  during 
the  war,  took  the  oath  of  allegiance,  or  gave  bonds  for  their  loyalty,  and 
good  behavior,  and  who  afterwards  violated  their  oaths,  or  subjected  them- 
selves to  forfeiture  of  their  bonds.  The  next  subdivision  disfranchises 
those  who  were  already  disfranchised  in  the  States  from  which  they  came. 
The  next  subdivision  disfranchises  those  persons  who  were  guilty  of  acts 
in  violation  of  the  rules  of  civilized  w^arfare.  The  subdivision  which  fol- 
lows disfranchises  those  who  are  disfranchised,  or  prevented  from  holding 
office,  by  the  Fourteenth  Article  of  Amendment  to  the  Constitution,  and 
those,  also,  disfranchised  by  the  Eegistration  Law.  A  provision  is  made, 
in  the  Constitution,  enfranchising  all  who  have  faithfully  supported  the 
plan  of  reconstruction  put  forth  by  Congress,  and  voted  for  the  same;  and 
under  that  provision,  men  are  enfranchised  who  were  not  permitted,  during 
the  last  election,  to  register — this  on  the  ground  of  their  repentance,  and 
return  to  loyalty.  They  are  enfranchised  because  they  have  ceased  fight- 
ing the  Government,  hiring  men  to  kill  Union  officers,  and  all  that  sort  of 
thing. 

Mr.  CYPEET  [in  his  seat.']  If  they  w^ere  ever  guilty  of  any  crime  which 

(  639  ) 


1868.] 


DEBATES  AND  PROCEEDINGS  OF  THE  [Monday, 


Kecess— The  Constitution.— MOOKE— HODGES  of  Pulaski. 


would  justly  entitle  them  to  disfranchisement,  they  certainly  ought  not 
now  to  be  enfranchised. 

Mr.  HODGES.  Those  who  have  ceased  tiring  upon  voters,  ceased  in- 
timidating voters,  ceased  threatening  Registrars,  and  all  that,  and  have  re- 
turned to  -their  loyalty,  honestly  and  faithfully,  are  enfranchised,  by  the 
provisions  of  the  Constitution.  Another  provision  is,  that  the  General 
Assembly  may,  by  a  two-thirds  vote,  enfranchise  any  one  who,  from  this 
time  forward,  shall  commence  to  be  loyal,  and  shall  cease  to  contend 
against  the  General  Government.  The  Constitution  then  goes  on  to  pro- 
vide that  such  as  shall  persist  in  opposing  reconstruction,  and  the  Govern- 
ment, shall  never  be  enfranchised.  That  means,  that,  after  five  years  of 
rebellion,  and  two  or  three  years  of  fight  in  time  of  peace,  the  day  of  pro- 
bation is  at  an  end,  and  that  if  you  continue  shooting  Union  officers,  if 
3^ou  continue  threatening  voters,  if  you  continue  threatening  Registrars 
and  Judges  of  Election,  if  you  continue  shooting  men  on  account  of  their 
principles,  you  shall  never  be  enfranchised.  I  have  now  given  you,  Mr. 
President,  the  spirit  of  the  disfranchising  clauses. 

RECESS. 

Mr.  KYLE.  I  move  that  the  Convention  now  take  a  recess  until  to- 
morrow morning  at  ten  o'clock. 

Mr.  MOORE.  I  hope  the  gentleman  will  withdraw  his  motion  for  just  a 
moment,  in  order  to  allow  me  to  make  an  explanation,  as  the  gentleman 
from  Pulaski  [Mr.  Hodgies]  has  said  several  things  personal  to  myself,  and 
I  wish  to  answer  them. 

Mr.  GAi^TT.  I  move  to  lay  upon  the  table  the  motion  to  adjourn. 

Mr.  KYLE.  I  withdraw  my  motion,  for  the  present,  to  enable  the  gentle- 
man [Mr.  Moore]  to  make  a  personal  explanation.  ' 

THE  CONSTITUTION — RESUMED. 

Mr.  MOORE.  I  hoped  I  would  not  have  been  driven  to  the  necessity  of 
referring  to  this  matter ;  and  I  hoped  no  gentleman  who  did  not  have  a 
better  record  than  the  gentleman  from  Pulaski  [Mr.  Hodges]  would  have 
risen  here  to  impugn  the  motives  of  any  honest  man  in  this  house.  And 
I  hope,  moreover,  that  he  will  not  stultify  himself  any  more,  by  making 
any  declaration,  unless  he  is  able  to  prove  it.  He  says  I  have  certified 
upon  honor,  that  the  most  practicable  route  from  this  city  to  my  town  

Mr.  HODGES,  of  Pulaski.  I  rise  to  an  explanation.  I  have  not  said 
any  such  thing.    I  have  read  the  gentleman's  own  handwriting. 

Mr.  MOORE.  It  is  not  any  such  thing.  I  know  what  I  am  saying.  The 
(  640  ) 


Feb.  10th.]  AEKAl^SAS  CONSTITUTIONAL  CONYENTIOK  [27th  Day. 


The  Constitution— Eecess.—aANTT—MONTGOMEEY— HODGES— McCOWN. 


gentleman  represents  me  as  stating,  upon  honor,  that  the  distance  from  this 
place  to  Hamburg  is  four  hundred  and  fifty  miles,  and  that,  counting  the 
distance  both  ways,  the  sum  is  nine  hundred  miles.  If  called  upon  for 
proof,  I  will  introduce  that  of  the  gentleman  from  Chicot  [Mr.  Mason], 
to  say  whether  I  have  made  any  misrepresentation  ;  and  then  the  gentle- 
man from  Pulaski  will  be  ashamed  of  himself,  if  he  has  any  shame, — w^hich 
I  think,  from  the  way  in  which  he  has  acted  for  the  last  two  months,  is  ex- 
ceedingly doubtful. 

RECESS — AGAIN. 

The  PI^ESIDENT.  If  there  is  no  objection,  the  motion  of  the  gentle- 
man from  Dallas  [Mr.  Kyle]  may  now  be  entertained. 

Mr.  GA^N'TT.  There  is  objection.  If  we  are  to  go  through  this  thing, 
in  the  w^ay  proposed,  let  it  be  done  at  once. 

Mr.  DUYALL  [in  his  seat.']  Let  us  have  it  out  in  full. 

Mr.  MONTGOMERY.  I  move  to  amend,  by  substituting,  for  ten  o'clock, 
half-past  nine  o'clock.  [Cries  of  "^To."    "Let  us  go  on."] 

Mr.  GANTT.  Let  us  go  through. 

The  PRESIDENT.  If  gentlemen  insist  upon  the  objection,  the  motion 
for  a  recess  cannot  be  entertained. 

Several  MEMBERS  favoring  and  opposing,  respectively,  the  proposition 
for  a  recess, 

Mr.  HODGES,  of  Pulaski,  said :  If  the  call  of  the  roll  has  begun,  any 
motion  is  evidently  out  of  order. 

The  PRESIDENT  stated  that  no  such  motion  could  be  entertained  if 
any  gentleman  should  object. 

Mr.  GANTT.  I  do  object,  very  seriously,  even  if  we  do  not  get  through 
until  daylight. 

Mr.  MOORE.  I  object,  also.    "We  can  sit  here  as  long  as  anybody. 

Mr.  McCOWN.  As  I  have  before  supported  the  motion,  thinking  it  in 
order,  I  advocate  it  again,  for  the  same  reason,— -for  myself  and  for  the 
rest  of  us. 

-  Mr.  GANTT.  I  rise  to  a  point  of  order.  There  is  no  motion  before  the 
Convention. 

Mr.  McCOWN.  There  is  a  motion  before  the  Convention. 
The  PRESIDENT.  The  motion  is  withdrawn. 

Mr.  GANTT.  I  submit  that,  even  were  a  motion  to  adjourn  before  the 
Convention,  such  a  motion  is  not  debatable. 
Mr.  McCOWN.  I  move  that  we  take  a  recess. 
Mr.  GANTT.  The  motion  is  not  in  order,  in  anyway. 
A  MEMBER  [to  Mr,  McCown.]  If  you  want  to  make  a  speech,  go  ahead. 
Mr.  McCOWN.  Well,  I  do. 
Mr.  GANTT.  I  object. 

41  (  641  ) 


1868.] 


DEBATES  A^^D  PEOCEEDmGS  OF  THE  [Monday, 


The  Constitution.— GANTT—McCOWN—BEADLEY—HINKLE. 


The  PRESIDE^TT.  The  Chair  is  of  opinion  that  as  two  names  have 
been  called  upon  the  roll,  not  even  a  recess  can  be  taken,  unless  by  unani- 
mous consent. 

Mr.  McCOWIT.  I  appeal  from  the  decision  of  the  Chair.  The  utmost 
latitude  has  been  allowed,  here ;  and  if  we  have  any  right  to  express  an 
opinion,  or  to  inform  ourselves,  we  ought  to  be  allowed  it. 

The  PRESIDEi^T  said :  The  Chair  would  be  inclined  to  favor  a  recess  ; 
but  the  rule  of  parliamentary  law  does  not  permit  the  motion  to  be  enter- 
tained. 

Mr.  McCOW^T  not  insisting  upon  his  appeal, 

THE  CONSTITUTION — AGAIN. 

Mr.  GrANTT  said  :  I  make  no  objection  to  the  gentleman  [Mr.  McCown] 
ventilating  his  opinions  upon  the  Constitution. 

Mr.  McCOWiT.  I  want  to  have  an  opportunity  to  inform  myself  upon 
the  subject. 

Mr.  GANTT  [to  3Ir.  McCown.]  You  have  been  in  the  caucus  that  ma- 
tured it ;  and  you  ought  to  know  it. 

Mr.  BRADLEY.  I  hope  gentlemen  will  all  be  patient,  while  the  Con- 
vention is  in  labor,  and  that  the  pains  will  not  cease  until  that  thing  is 
born. 

Mr.  Hli^KLE.  I  do  not  present  myself  for  the  purpose  of  making  a 
regular  set  speech  ;  for  I  am  one  of  those  "  old  Arkansans,"  and,  of  course, 
you  couldn't  expect  one  of  them  to  make  a  regular  set  speech.  I  was  in 
hopes  that  the  gentlemen  who  have  occupied  the  time  of  the  Conven- 
tion, in  debate,  for  the  last  three  or  four  weeks,  would  have  sat  still,  this 
evening,  and  allowed  the  few  old  Arkansans  here  to  have  had  a  word  or 
two  to  say.  The  course  that  has  been  taken,  here,  has  been  frittering 
away  the  time,  and  the  "  dear  people's"  money,  and  to  no  advantage.  [A 
pause.] 

MEMBERS  [in  their  seats,']  Go  on. 

Mr.  HroKLE.  Whenever  Mr.  President  gets  done  caucusing,  I  will. 
[Laughter.] 

The  PRESIDENT.  Proceed  with  your  remarks.  Sir. 

Mr.  HIE'KLE.  As  I  have  said,  you  couldn't  expect  an  Arkansan  to 
make  a  set  speech ;  but  there  is  one  thing  that  I  assure  you  of, — whenever 
I  get  my  glasses  on,  I  can  see  just  as  far  into  a  millstone  as  the  man  that 
picks  the  eye.  [Laughter.]  My  constituents,  of  Conway  County,  elected 
me  to  defend  their  rights  in  this  Convention.  They  expected  me  to  have 
some  hand  in  the  framing  of  this  Constitution.  How  much  have  I  had  to 
do  in  it  ?  Who,  sir,  have  been  put  on  all  the  Committees  ?  IsTew-comers. 
It  was  due  to  the  old  Arkansans.  It  was  due  to  them.  Have  any  of 
them — with  small  exception — had  any  hand  in  the  formation  of  this  Con- 
(  642  ) 


Feb.  I'lth.]  AEXAXSAS  COXSTITniOXAL  COyVEXTIOX,  [2:t1i  Day. 


The  Constitution.— HINKLE. 


stitiition  ?  T\"^e  who  have  broken  the  cane  iu  Arkansas.  knoAv  what  suits 
the  people,    ^'e  know  exactly. 

I  can  tell  you  more  than  that.  I  arn  an  old  practitioner  of  medicine.  I 
have  been  at  the  birth  of  many  a  child;  and  I  never  knew  force-work  to 
do  any  good,  yet :  it  is  always  attended  with  danger,  and  has  never  failed, 
in  any  instance  in  my  experience,  to  do  mischief  [Laughter  and  applause.] 
Assist  nature,  and  you  will  get  along  well,  and  procure  an  easy  delivery 
and  a  happy  and  quick  recovery. 

I  tell  you.  sir,  in  all  candor,  that  with  the  weight  that  is  hung  to  that  Con- 
stitution, you  never  can  carry  it  through.  I  knoir  \t :  and  you  will  find  it 
out.  You  know,  very  well,  the  objections  I  have  to  it.  I  have  not  kept 
them  a  secret  from  you.  I  could  not  do  it.  I  was  promised  that  it  should 
be  made  to  appear  all  right.  But  now  that  it  has  come  to  light,  does  it 
appear  as  I  wanted  it  ?  Xo.  it  does  not  ;  and  it  lacks  a  good  deal  of  it. 
In  the  first  place.  I  want  to  know  why  these  five  Judges  of  the  Supreme 
Court  are  appointed,  for  this  little  State  of  Arkansas.  [Applause.]  Three 
have  always  attended  to  the  business,  and  are  amply  able  to  do  it  now.  / 
can  tell  you  the  reason — as  big  a  fool  as  I  am; — there  is  some  one  who 
wants  a  position,  and  there  is  no  room  for  him!  [Much  laughter  and  ap- 
plause.] That  is  one  of  the  features  of  this  Constitution,  to  which  I  enter- 
tain a  great  objection.  I  warrant  that  but  for  the  object  of  makino-  room 
for  two  more  ofiice-holders,  the  three  Judges  would  have  satisfied  you  ! 

The  next  point  to  which  I  object,  is,  prohibiting  the  Governor,  the 
Lieutenant-Governor,  and  all  the  ofiicers  of  the  Executive  Department, 
from  ever  holding  any  other  ofiice  until  the  term  for  which  they  were 
elected  shall  have  expired.  Xo  difierence  how  much  the  people  want  them, 
or  how  much  the  people  call  on  them,  they  cannot  take  the  new  position. 
Even  if  they  resign,  they  cannot  take  another  ofiice.  What  is  the  reason 
for  this,  sir?  I  can  tell  you.  very  well — as  big  a  tool  as  I  am: — I  see  into 
the  trick,  in  a  minute  !  [Laughter  and  applause.]  There  is  a  certain  man. 
up  Xorth,  that  might  be  in  the  way  of  a  certain  other  man's  getting  into 
the  United  States  Senate.  [Laughter.]  That  is  the  reason  for  this  clause 
of  the  proposed  organic  law  of  Arkansas.  And  that  clause  is  another  of 
those  to  which  I  object,  and  seriously,  too. 

Another  objection  which  I  find,  is  to  the  six  years'  term  for  the  Circuit 
Judo^es.  2s  ow.  if  the  old  Arkansans had  set  to  frame  this  Constitution. 
I  could  have  selected  three  common  old  ordinary,  illiterate  Arkansans, 
who  in  one  week  could  have  arranged  that  matter  quite  as  well  as  all  the 
wisdom  that  has  been  here.  I  think  the  four  years'  term  plenty  long 
enough  for  a  Circuit  Judge.  If  he  does  not  perform  the  duties  of  iiis 
position  well,  we  want  to  have  some  opportunity  of  getting  him  removed: 
if  he  does,  we  are  willing  to  re-elect  him,  and  keep  him  there  as  long  as 
he  does  well. 

(  643  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 

The  Constitution.— HINKLE—DUVALL. 


My  next  objection  is  to  the  provision  on  the  subject  of  the  poll-tax.  You 
prohibit  us,  nearly,  from  raising  any  revenue.  Many  have  nothing  upon 
which  to  pay  taxes,  unless  it  be  a  poll-tax;  and  it  may  be,  probably,  that 
some  of  those  who  are  running  for  high  position,  pay  no  other,— if  they 
pay  that.  We  must  have  a  revenue.  Government  has  to  be  supported ; 
and  under  this  system  of  taxa1:iOn,  those  who  have  a  little  will  soon  have 
nothing  to  exempt.  You  exempt  their  homesteads  from  taxation.  Why, 
sir,  exempt  from  execution  what  sum  you  will,  and  under  this  system  of 
taxation  the  property  of  those  who  own  but  a  moderate  amount,  will  soon 
be  so  eaten  up  by  taxes  that  the  exemption  will  be  futile. 

The  great  objection  that  I  have  to  the  apportionment,  is  this.  The  citi- 
zens of  the  State  have  not  been  consulted  on  it.  The  citizens  are  liere.^ 
through  their  representatives.  Men  who  Jvnow  the  condition  of  the  coun- 
try have  not  been  consulted.  Certain  men  have  made  this  apportionment 
.to  their  notions,  without  consulting  those  sent  here  to  represent  the  inter- 
ests of  the  people.  I  am  inclined  to  think  that  I  represent  as  loyal  a 
county  as  there  is  in  the  State.  I  can  vouch  for  Conway  County.  The 
people  of  that  County  look  to  me  for  protection  ;  and  if  I  cannot  give 
them  any  privileges,  how  can /protect  them?  They  will  protect  them- 
selves^ when  they  come  to  the  ballot-box,  just  as  certain  as  the  day  comes 
round.  ^ 

Mr.  DUVALL.  I  do  not  propose  to  detain  this  Convention  long.  JSTor 
■had  I  intended  to  say  anything.  But,  sir,  I  have  serious  objections  to 
this  Constitution.  If  I  know  myself,  I  desire  the  interest  of  my  country. 
I  am  satisfied  that  the  Constitution  here  proposed  will  never  lead  to  the 
good  of  the  people  of  Arkansas.  I  feel  somewhat  like  the  gentleman  on 
the  opposite  side  of  the  house.  I  claim  to  have  some  few  rights,  myself. 
I  am  an  American-born  citizen.  I  have  been  loyal  to  my  country.  I 
have  supported  her  in  her  trials.  But  we  have  presented  to  us,  here,  to- 
night, a  Constitution,  under  which,  I  say  conscientiously,  as  a  man,  I  can- 
not exercise  the  right  of  an  American  citizen.  I  am  unwilling,  and  I 
believe  every  honest  white  man  in  the  State  of  Arkansas  is  unwilling,  to 
swear  universal  equality,  political  and  social,  as  that  oath  will  compel  us 
to  do  as  a  condition  precedent  to  registration  and  suffrage.  Is  this  justice, 
is  this  honorable, — that  any  body  of  men,  for  political  purposes,  should 
attempt  to  force  upon  men  whose  loyalty  is  undoubted,  an  oath  which 
they  cannot  conscientiously  take,  and  at  the  same  time  to  enfranchise  a 
class  or  race  of  people,  who  are  not  capable  of  exercising  the  elective 
franchise  ?  They  are  not  capable  of  making  their  own  contracts.  You 
have  a  Bureau  established,  here,  and  all  over  the  countr}^,  to  make  their 
contracts  and  eflect  their  settlements.  Is  any  race  of  people  capable  of 
exercising  the  elective  franchise,  that  is  not  capable  of  making  its  con- 
tracts? It  certainly  is  not;  and,  I  repeat  what  I  have  said  before,  they 
(  644  ) 


Feb.  lOth.]  AEKAXSAS  COXSTITrTIOyAL  COSTESTIOS.  [27iii  Day. 


The  ConTention,— DUVALL— GEEY— JOH^'SOX— AIOyTGOAIERY, 


are  not  citizens  of  the  United  States.  Thev  claim  the  elective  franchise 
as  their  rio-lit.  They  talk  of  tijeir  bones  bleaching  upon  the  held  !  If 
thev  were  citizens.  I  ask  theni.  why  did  not  the  G-overnnient  draft  thern 
into  the  service,  as  it  did  with  white  men  ?  They  Avere  not  recognized  as 
citizens. 

Mr.  GREY,  of  Philhps.  They  did  draft  iis.  in  the  Xorthern  States. 
Mr.  DWALL      Mr.  Grey.]  I  would  like  you  to  show  me  the  proof. 
I  was  in  the  service  :  arjd  I  do  n.ot  suppose  any  of  you  were. 
A  [colored]  AIEMBEE.  I  served  for  three  years. 
Mr.  DUVALL,  How  many  more  of  you  ? 

Mr.  JOHXSOX.  I  am  an  old  soldier  :  and  I  expect  to  stick  to  it. 

IMr.  DUVAEE.  If  you  were  in  the  Army,  you  were  not  in  the  same 
sort  of  troops  with  whom  I  served,  and  were  not  placed  with  them  on 
duty. 

AE\  JOHX SOX.  I  have  soldiered  among  them,  and  slept  among  them, 
and  fouo'ht  among  them. 

Mr.  DIAEIEE.  I  know  how  it  was  where  I  served. 

Mr.  AIOXTGQMEEA'.  I  desire  to  state  to  the  gentleman  

Mr.  DUVAEE.  If  the  gentleman  desires  to  speak.  I  will  yield  the  floor. 

Mr,  AEjyTGOAIERA^.  I  was  myself  a  soldier  :  and  I  have  made  a  hun- 
dred details  of  negro  troops,  for  provost  duty. 

Mr.  DUVAEE.  I  know  they  were  on  provost  duty — and  how  the  thing 
ran. 

Sir.  I  want  these  men  to  have  protection.  They  are  not  responsible  for 
their  position:  and  I  I^now  I  am  lionest  when  I  ask  tliat  protection  tor 
them.  I  feel  a  sympathy  for  the  race.  But  I  have  seen  manifested  here, 
to-night,  upon  this  floor,  coming  from  that  side  of  the  house,  the  very 
spirit  that  will  wage  a  war  of  extermination  between  the  two  races.  AVas 
there  a  man  so  Ijlind  that  could  not  see  the  vindictive  spirit  that  boiled  in 
the  heart  nf  the  gentleman  [Mr.  AlrRPHv].  when  he  stood  upon  the  floor, 
here,  before?  Xone  could  fail  to  see  it.  Sirs,  when  the  white  race  is  to 
be  disfranchised,  and  put  beneath  the  other,  how  will  the  plan  work?  It 
is  for  the  interest  of  the  black  race  that  I  say.  they  should  be  protected, 
but  not  put  above  my  own. 

This  Constitution,  sir.  proposes  to  tax  me  and  my  children  to  educate 
that  race,  while  but  few  of  them  are  to  pay  any  taxes.  I  cannot  support 
such  a  provision.  

Mr.  JOHXSOX.  I  rise  to  a  point  of  order. 

Mr.  Dl^VAEE  [to  Jlr.  JoHysox.]  I  yield  the  floor  to  you.  if  you  want 
to  talk  awhile. 

Mr.  JOIIXSOX.  You  forget  how  long  we  worked  for  you.  in  a  state  of 
slavery,  to  give  you  the  means  by  which  you  have  been  educated;  and 
now  we  want  to  come  upon  a  level  with  you. 

(  645  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Monday, 


The  Constitution.— DUYALL— HINDS. 


[Mr.  DuvALL  having  taken  his  seat,] 

The  PRESIDENT  asked:  Does  the  gentleman  from  Lawrence  [Mr. 
Duvall]  wish  to  proceed  with  his  speech  ? 

Mr.  DUVALL.  No,  sir;  I  don't  propose  to  have  anything  more  to  say 
in  this  body. 

The  PRESIDENT.  Do  any  more  gentlemen  wish  to  speak  ? 

Mr.  HINDS.  The  Constitution  submitted  to  the  Convention  by  the 
Committee,  is  one  which  should  claim  the  support  of  every  person  who 
desires  the  preservation,  the  advancement,  and  the  renown  of  the  State. 
It  is  a  Constitution  which  guarantees  to  all  the  citizens  of  this  State  equal 
rights.  It  is  a  Constitution  that  secures  no  rights,  privileges,  or  immuni- 
ties, to  any  one  individual,  that  are  not  equally  secured  to  all  persons  within 
the  State.  It  seems  as  though  no  gentleman  who  desires  that  security 
and  protection  which  can  but  result  from  a  restoration  of  the  State,  and 
establishment  of  a  loyal  government,  should  object  to  the  adoption  of  this 
instrument.  The  Constitution  under  which  the  people  of  this  State  have 
lived  for  the  last  thirty  years,  and  under  which  the  gentleman  upon  the 
left  [Mr.  Moore]  seems  willing  still  to  live,  does  not  guarantee  those  equal 
rights  that  are  secured  by  the  provisions  of  this  Constitution.  For  forty 
years  Arkansas  has  been  in  the  hands  and  under  the  contrftl  of  a  set  of 
political  vampires,  who  have  robbed  the  people  of  this  State^-of  the  mu- 
nificent donations  made  the  State,  by  the  General  Government,  for  school 
purposes.  As  a  result  there  is  scarcely  a  public-school-house  within  the 
broad  limits  of  the  State.  With  all  the  means  at  their  command,  no  pro- 
vision has  ever  been  made  for  the  education  of  the  masses. 

Mr.  DUYALL.  I  call  the  gentleman  to  order.  I  wish  him  to  confine 
himself  to  the  discussion  of  this  Constitution,  and  not  go  back  and  rake 
up  the  ashes  of  the  history  of  the  State  for  thirty  years  past. 

Mr.  HINDS.  I  desire,  in  calling  attention  to  the  past  history  of  Ar- 
kansas, to  show  that  its  political  and  financial  managers  have  been  enabled 
under  the  old  Constitution  to  reduce  the  State  well-nigh  to  a  condition  of 
bankruptcy  and  ruin.  I  wish  to  show  that  should  we  adopt  this  Consti- 
tution, which  not  only  enumerates  great  principles,  and  guards  and  re- 
stricts those  clothed  with  power  thereunder,  but  guarantees  to  every  pe^'- 
son  within  the  limits  of  the  State  the  equal  protection  of  the  law,  we  shall 
be  doing  our  duty  to  the  people  whom  we  represent,  and  shall  be  consult- 
ing their  best  interest. 

The  gentleman  objects  mainly  to  the  provision  which  disfranchises  cer- 
tain classes  of  the  citizens  of  the  State.  Sir,  no  man  is  disfranchised  by 
the  provisions  of  this  Constitution,  unless  he  disfranchised  himself.  The 
Constitution  only  provides  thus :  that  those  who  have  sought  to  destroy 
the  Government,  and  still  seek  to  destroy  it,  and  stab  at  its  vitals,  shall  be 
disfranchised.  It  is  not  safe  to  allow  this  State  to  be  ruled  by  men  who 
(  646  ) 


Feb.  10th.]  AEKAXSAS  COXSTITUTIOXAL  COyTEXTIOX.  [27ili  Day. 


Tlie  Constitution.— HiyDS—AIOOEE. 


have,  by  their  past  action  and  by  their  present  course,  evinced  themselves 
the  enemies  of  the  Government.  It  is  not  safe  for  the  people :  it  is  not 
safe  for  the  Eepublic.  This  Constitution  provides  that  the  ballot  —  a 
mighty  power  in  the  hands  of  the  people — ^shall  be  wielded  for  the  protec- 
tion of  the  loyal  people  of  this  State.  Under  this  Constitution  the  ballot, 
a  weapon  firmer  set  and  better  than  the  bayonet,  a  weapon  that 

Comes  down  as  still 

As  snow-flakes  fall  upon  tlie  sod, 
But  executes  a  freeman's  will, 

As  lightning  does  tlie  will  of  God."' 

is  phiced  in  the  hands  of  the  

Mr.  MOORE  [in  his  stair\  Colored  men. 

Mr.  HIXDS. — Of  the  loyal,  honest  men  of  the  State  of  Arkansas — ^those 
who  seek  not  to  destroy  the  State  by  treason,  but  seek  to  preserve  rather 
than  destroy  it. 

^e  are  told  that  the  negro  would  be  protected  in  his  ri2:hts.  even  were 
he  not  allowed  the  ballot.  Yes.  indeed  I  but  it  would  be  such  protection 
as  is  given  to  the  lamb  when  in  the  jaws  of  the  wolf  I  The  protection 
which  he  gets  will  be  that  which  the  ballot  gives  him.  The  rich  man. 
the  man  o-f  inliuence  in  society,  can  well  get  along  without  the  power 
which  th^  ballot  gives.  But.  sir.  it  is  the  only  protection  of  the  weak; 
and  it  sliould  be  given  to  him  as  an  instrument  for  his  self-protection.  It 
is  indispensable,  to  the  safety  of  the  rights  and  interests  of  these  people, 
formerly  enslaved,  but  now  made  free,  that  they  should  be  clothed  with 
this  power. 

Mr.  MOORE.  I  desire  to  ask  the  gentleman  a  question.  I  do  not  desire 
to  interrupt  any  gentle Jiian :  but  I  was  myself  several  times  interrupted 
in  the  remarks  that  I  made,  and  I  hope  the  gentleman  will  not  think  hard 
if  I  interpose  a  question.  I  wish  to  ask  him  if  he  does  not  think  the  ballot 
in  the  hands  of  the  colored  people  is  his  only  means  of  riding'  into  the 
Enited  States  Congress  ? 

Mr.  HEnDS.  Yo.  sir:  not  the  only  means.  Tv^e  expect  the  loyal  white 
men  of  the  State  to  come  up  to  our  support. 

.    Air.  DIAEAEE  [''/(  his  seatJl  There  will  not  many  of  tliem  do  it. 

Mr.  mXDS.  ATe  expect  those  men  who  have  fought  by  our  side. — 
who  have  come  up  to  our  help  before  to-day. — to  stand  by  us  now  as  here- 
tofore. 

Mr.  AIOORE.  There  is  another  question  which  I  want  to  ask  the  gentle- 
man— I  wish  to  ask  him  if      has  ever  done  any  fighting? 
Mr.  HIXDS.  Yes.  sir.    I  will  give  the  gentleman  an  answer. 
Mr.  MOORE.  Got  any  scars': 

Mr.  COATES  [in  his  seat.~\  He  probably  paid  some  one  else  to  do  it,  if 
he  didn't. 

I  lu:  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Monday, 


The  Constitution.— HINDS. 


Mr.  JOHI^'SOIT  [in  his  seat.']  And  we'll  do  it  for  him  again. 

Mr.  HI]^DS.  Yes,  sir;  we  served  our  time  out  in  the  United  States 
Army,  as  a  soldier,  were  honorably  mustered  out,  and  have  our  discharge, 
dated  1864.  [Applause.] 

Sir,  I  say  these  men  who  fought  by  our  side,  and  came  up  to  the  sup- 
port of  our  Government  in  her  days  of  peril,  are  asking  nothing  more 
than  their  right;  and  we  expect  that  they  will  not  only  support  us,  but 
they  will  support  the  Government  now  as  strongly  as  they  did  when  these 
men  sought  to  overthrow  it  by  armed  force. 

The  gentleman  from  Ashley  [Mr.  Moore]  says  that  the  country  would 
have  been  reconstructed  long  ago,  had  it  not  been  thought  that  the  col- 
ored men  could  wield  the  ballot,  and  thereby  contribute  to  throw  the  po- 
litical control  .of  this  country  into  the  hands  of  the  Republicans.  Yes, 
indeed;  it  would  have  been  a  fine  reconstruction!  The  spirit  that  was 
alive  in  this  State  the  last  winter,  when  the  Legislature  met  in  these  halls, 
would  have  been  the  spirit  that  would  have  animated  the  people  of  this 
State,  in  the  matter  of  reconstruction  —  such  reconstruction  as  I  think 
no  loyal,  honest  man  in  the  State  could  desire. 

The  gentleman  says  that  to  give  the  ballot  to  the  negro  will  be  the 
engendering  of  strife.  Now,  sir,  during  the  history  of  this  war,  and  since 
the  war,  we  think  "no  event  has  transpired  that  could  warrant  such  an 
assertion.  We  think  it  necessary  for  the  protection  of  this  Government — 
not  only  of  the  colored  man  but  of  the  Government,- — that  the  colored 
man  should  have  the. right  of  suffrage.  Other  nations,  in  other  times,  have 
found  it  dangerous  to  their  peace  and  preservation  to  permit  a  large  class 
of  their  people  to  be  disfranchised,  and  denied  a  voice  in  the  affairs  of 
government.  That  formed  one  of  the  causes  of  revolution  in  the  Old 
World.  That  marked  the  close  of  the  last  century,  when  revolution  fol- 
lowed revolution,  like  the  successive  waves  of  the  ocean,  in  France, — 
when  violence  and  horror  reigned  triumphant  on  her  vine-clad  hills,  when 
every  home  was  made  the  home  of  wretchedness,  and  every  heart  the  seat 
of  woe — that  was  one  of  the  main  sources  of  the  fearful  disturbance  of 
society  and  government.  That  to-day  forms  one  of  the  reasons  why  Eng- 
land, in  her  capital,  calls  to  her  aid  twent}^  thousand  special  police,  for  the 
'protection  of  her  citizens — it  is  because  a  large  portion  of  her  people  are 
excluded  from  those  rights  which  every  people  and  all  men  should  be 
allowed  to  exercise.  Congress  saw  this— the  statesmen  of  this  country 
saw  it,  and  saw  the  necessity  of  giving  into  the  hands  of  these  men,  num- 
bered by  millions,  the  power  to  protect  themselves  and  at  the  same  time 
to  protect  the  Government. 

The  gentleman  asks,— -will  your  old  citizens  allow  ^'carpet-sack  men" 
to  ruin  our  young  and  noble  State  ?    Well,  it  would  be  a  pity  for  carpet- 
sack  men  to  come  down  here  and  ruin  Arkansas !  I  do  not  think  it  would 
(  648  ) 


Feb.  10th.]  AEKANSAS  COXSTITUTIOXAL  COIS^YE^^TIO^^.  [27th  Day. 


The  Constitution.— HINDS— MOOEE. 


be  possible  for  any  community  to  have  any  worse  rulers  than  we  have 
had.  The  State  of  Arkansas  was  admitted  into  the  Union  in  1836.  She 
is  not  to-day  as  far  advanced,  in  civilization,  in  population,  in  wealth,  in 
power,  as  territories  which  were  admitted  into  the  Union  in  1849.  And 
why  is  it?  Why  is  it  that  there  is  universal  bankruptcy  and  ruin  prevail- 
ing in  the  State  ?  Perhaps  the  gentleman  can  inform  me.  It  is  the  con- 
sequence of  the  jwlicy  that  has  been  pursued  in  this  State.  The  soil  is  as 
rich,  the  rivers  are  as  large,  the  mines  are  as  productive,  as  those  of  any 
other  State.  The  State  has  had  an  equal  advantage,  so  far  as  donations 
of  public  lands  are  concerned,  the  Government  has  as  bountifully  provided 
for  the  setting  apart  of  lands  for  school  purposes,  as  in  the  case  of  other 
States ;  yet  while,  to-day,  we  find,  in  other  States,  fifty-two  school-houses 
built  to  every  one  hundred  square  miles,  in  Arkansas  there  is  scarcely  a 
single  house  built  specially  for  school  purposes,  within  the  State  limits. 
'Wh.y  is  all  this,  I  ask.  It  is  because  the  men  who  have  controlled  her 
destinies  ruined  the  State.  One  of  the  provisions  of  this  new  Constitution 
which  is  submitted  by  the  Committee,  is,  that  the  Legislature  shall  pro- 
vide, by  setting  apart  a  sufiicient  amount  of  the  revenue  of  the  State,  for 
the  education  of  the  children  of  the  State,  Xot  black  children  —  not 
white  children — but  the  children  of  this  State  are  to  be  provided  for,  so  far 
as  regards  the  attainment  of  an  education.  Gentlemen,  surely,  can  hardly 
object  to  this  new  provision — and  it  certainly  is  new. 

The  gentleman  from  Ashley  complains  as  to  the  apportionment.  He  is 
inclined  to  believe  that  Ashley  should  not  be  put  alongside  of  Chicot, 
Desha,  and  Drew.  We  are  inclined  to  believe  that  the  apportionment  is 
made  in  such  a  way  as  to  give  representation,  in  the  next  Legislature,  of 
loyal  men.    Those  are  the  men  for  whom  we  propose  to  legislate. 

Mr.  MO  ORE.  I  desire  to  ask  the  gentleman  another  question.  I  would 
hke  to  ask  him  if  by  his  system  of  apportionment  he  will  not  send  a  dark 
cloud  over  Ashley  County. 

Mr.  mXDS.  We  think  it  would  be  impossible  to  send  a  darker  cloud 
over  the  County  of  Ashley,  than  is  over  it  at  present. 

Mr.  MOORE  \in  his  seat.']  That  merely  shows  that  the  gentleman  has 
never  been  out  of  Pulaski  County. 

Mr.  HIN'DS.  I  understand  the  County  of  Ashley  to  be  in  about  the 
same  condition  with  other  counties  in  the  State.  I  understand  that  she 
has  not  many  school-houses,  that  ruin  and  bankruptcy  is  prevalent  there ; 
and  we  desire  to  improve  the  condition  of  that  County,  by  providing  a 
loyal  government  for  her  as  well  as  for  other  counties  of  the  State. 

The  gentleman  says  it  is  proposed  to  disfranchise  the  intelligence  of  the 
country.  What  shall  we  consider  as  the  intelligence  of  the  country  ?  Is 
it  not  proper  and  right,  in  order  to  determine  what  intelligence  there  has 
been  in  the  country,  to  ask  what  is  the  condition  of  the  country  ?    Is  not 

(  649  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Monday, 


The  Constitution.— HINDS— HINKLE— MOORE— CYPEET. 


that  a  very  good  criterion  to  go  by?  If  the  intelligence  of  the  country 
has  for  the  last  thirty  years  had  the  control  of  Arkansas,  for  God's  sake 
keep  us  from  any  more  such  intelligence  !  [Laughter  and  applause.]  Let 
us  have  no  more  intelligence  of  that  kind ! 

Mr.  HINKLE.  Let  me  explain  one  word,  as  respects  my  County 
[Conway.]  I  wish  to  let  you  know  that  there  are  but  two  men  in  Con- 
way County  that  are  bankrupt. 

Mr.  MOORE.  And  I  desire  to  say  that  there  are  but  four  men  in  Ash- 
ley County  that  are  bankrupt;  and  they  are  able  to  pay  their  debts,  and 
are  quite  as  good  men  as  any  others  in  the  County. 

Mr.  HINDS.  In  Conway  I  understand  that  the  people  are  thoroughly 
loyal ;  and  that  is  probably  the  reason  why  they  have  no  bankrupts  there. 
[Laughter  and  applause.] 

Mr.  CYPERT.  How  is  it  with  Pulaski?  [Laughter.] 

Mr.  HINDS.  Pulaski  is  in  a  bad  fix  and  she  knows  how  to  get  out  of 
it.  Four-fifths  of  the  votes  cast  at  the  recent  election  were  given  for  the 
Convention,  and  nearly  a  unanimous  vote  will  be  given  for  the  ratifica- 
tion of  the  Constitution.  The  gentlemen  say  they  are  willing  to  give  the 
negro  his  civil  rights, — the  right  to  testify,  to  sue,  and  to  be  sued.  How 
long  have  they  been  in  favor  of  extending  to  them  these  rights  even  ?  Is 
it  not  a  somewhat  new  thing? — has  it  not  occurred  since  the  passage  of  the 
law  giving  them  those  rights  by  Act  of  Congress  ? 

Mr.  MOORE.  That  is  a  question  addressed  directly  to  me,  I  imagine. 

Mr.  HINDS.  Yes,  sir. 

Mr.  MOORE.  Then  I  answer, — No,  sir;  the  moment  the  negro  was 
turned  loose  upon  the  country,  I,  and  my  people,  were  willing  to  give  * 
him  all  his  rights.  My  people  are  as  loyal,  they  are  as  honest,  they 
have  as  many  school-houses,  as  any  people  in  Arkansas ;  and  they  do 
not  expect  any  apostle  from  a  distant  land,  like  the  gentleman  upon  the 
floor,  to  come  around  and  enlighten  them.  If  he  thinks  so,  and  -  shall 
come  there  and  attempt  to  enlighten  them,  they  will  look  upon  him  as 
the  ancients  did  upon  Judas  Iscariot! 

Mr.  HINDS.  The  gentleman  don't  want  his  people  to  be  enlightened 
more  than  at  present  ? 

Mr.  MOORE.  Not  from  you,  sir. 

Mr.  HINDS.  I  was  about  to  say,  that  they  were  in  a  pretty  enlightened 
state,  if  they  didn't  wish  any  more  knowledge. 

As  regards  the  rights  of  the  colored  man,  of  which  I  was  speaking,  I 
think  the  gentleman  may  be  an  exception — if  his  doctrine  is  as  expressed  ] 
— to  most  of  the  gentlemen  with  whom  he  associates;  for  I  think  it  has 
been  the  disposition  of  gentlemen  occupying  the  same  side,  on  this  ques- 
tion of  reconstruction,  with  himself,  to  oppose  the  grant  of  any  civil 
rights  to  the  negro.  \ 
(  650  ) 


Feb.  10th.]  AEKAXSAS  COXSTITUTIO^s^AL  CO]SWE:s"TIO^.   [27th  Day. 


The  Constitution.— GAi^TT— HINDS. 


Mr.  G-A^TT.  I  will  interpose  an  objection,  there,  for  nayself  at  least. 
I  was  a  member  of  the  last  G-eneral  Assembly  of  the  State  of  Arkansas. 
I  made  a  canvass,  involving  that  very  question ;  and  upon  that  question, 
mainly,  in  the  canvass,  I  was  elected.  In  the  last  General  Assembly,  I 
voted,  and  labored,  for  the  passage  of  a  law  now  upon  the  statute-book  of 
Arkansas,  which  gives  to  the  people  of  color  all  their  rights  before  the 
law. 

Mr.  HETDS.  Perhaps  the  gentleman,  then,  was  one  of  those  who,  when 
the  bill  first  came  up,  before  that  Legislature,  for  passage,  voted  with  the 
majority.  The  gentleman  will  recollect  that  upon  the  first  vote,  it  was 
defeated;  and,  if  my  recollection  is  correct,  no  reconsideration  of  that 
vote  was  had  until  after  the  Judge  of  the  City  Court  had  been  arrested 
for  violation  of  the  provisions  of  the  Civil  Rights  Law,  in  refusing  the 
testimony  of  colored  persons ;  and  that  the  vote,  which  had  stood,  thirty- 
two  in  favor,  and  thirty-eight  against  the  measure,  until  the  occurrence 
of  that  event,  was  then  reconsidered,  and  thereupon  stood,  thirty-eight  in 
favor  to  thirty-two  against. 

Mr.  GAXTT.  I  do  not  remember  how  the  vote  stood.  I  can  only 
speak  of  myself.  I  voted,  persistently,  from  beginning  to  end,  for  the 
extension,  to  that  class,  of  all  their  rights  before  the  law.  Prior  to  that 
time,  when  a  large  majority — almost  the  entire  black  population  of  the 
State — were  slaves,  I  was  disposed,  and  the  law  was  disposed,  to  extend 
to  those  of  them  who  were  free,  all  their  rights  before  the  law.  Prior  to 
the  time  of  which  I  speak,  a  black  man  who  was  a  freeman  was  entitled 
to  bring  suits  in  the  courts  of  the  country.  And  when  the  mass  of  that 
class  of  inhabitants,  who  had  previously  been  held  as  slaves,  were  emanci- 
pated, I  w^as  willing  to  extend  to  them  all  those  rights;  and  there  has 
never  been  a  time,  since  the  surrender,  that  I  have  been  unwilling  to  give 
them  those  rights. 

Mr.  HIiS'DS.  Are  those  not  the  facts — that  the  Legislature  persistently 
refused  to  pass  the  bill  awarding  the  negro  the  right  to  testify  in  the 
courts,  at  all,  until  after  the  Judge  of  the  City  Court  was  arrested  for 
violation  of  the  Civil  Rights  Act;  and  that  after  that  event  reconsideration 
was  had,  and  the  bill  finally  passed,  and  became  a  law  ? 

Mr.  GAXTT.  I  will  answer  the  gentleman,  in  all  candor.  I  do  not 
remember  the  occurrence  of  the  arrest ;  but  I  will  state  this :  that,  in  the 
first  instance,  the  bill  was  defeated  in  the  Legislature;  and  that  it  after- ^ 
wards  passed.  The  state  of  the  vote,  upon  either  occasion,  I  am  not  now 
able  to  give;  nor  do  I  remember  that  the  fact  of  the  occurrence  of  the 
arrest,  for  any  reason,  at  all  controlled  the  action  of  the  Legislature. 

Mr.  Hli^^DS.  The  gentleman  can  perhaps  answer  the  question  why  it 
is  that  those  opposing  reconstruction,  to-day,  are  opposed  to  giving  the 
colored  man  the  right  to  sit  upon  juries.    Gentlemen  say  they  are  in 

(  651  ) 


1868.] 


DEBATES  AND  PEOCEEDIEGS  OF  THE  [Tuesday, 


The  Constitution.— HINDS— GANTT—CYPEET—BEADLEY. 


favor  of  giving  him  civil  rights.  I  would  ask  the  gentleman  if  he  is  in 
favor  of  giving  the  colored  man  the  right  to  sit  upon  juries. 

Mr.  G  AJs^TT.  If  the  gentleman  desires  my  answer,  I  will  give  it.  I  am 
not  in  favor  of  putting  the  colored  man  in  the  jury-box;  and  for  this 
reason :  that  where  you  will  find  one  of  intelligence  qualifying  him  to 
pass  in  judgment  upon  the  questions  involved  in  a  jury  trial,  you  will  find 
a  thousand  who  are  not. 

Mr.  HlisTDS.  I  thought  that  some,  at  least,  objected  to  giving  the  col- 
ored people  their  civil  rights! 

Mr.  CYPEE.T.  Does  the  gentleman  regard  it  as  a  right^  to  sit  upon  a 
jury? 

Mr.  HINDS.  Yes,  I  do. 

Mr.  CYPERT.  Has  it  not  always  been  imposed  as  a  duty^  or  a  burden, 
to  do  military  duty  or  sit  upon  a  jury?  I  ask  the  gentleman  if  to  seek  to 
be  placed  on  a  jury  would  not  disqualify  a  juryman  for  his  position.  It  is 
a  duty,  not  a  right, 

Mr.  HI^^DS.  That  might  be,  so  far  as  a  special  jury,  for  the  trial  of  a 
particular  case,  is  concerned.  It  probably  is.  But  so  far  as  the  great 
right  of  being  a  juryman  is  concerned,  we  say,  no  class  should  be  de- 
prived of  its  exercise  who  have  not  forfeited  it  for  crimes  committed. 

Mr,  MOORE.  I  ask  the  gentleman  if  he  regards  it  as  the  right  of  every 
man  to  sit  upon  a  jury. 

Mr.  HI]!^DS.  Yes,  sir — every  honest  loyal  man. 

Mr.  BRADLEY.  I  think  the  debate  is  proceeding  too  slowly.  I  hope 
the  gentleman  will  be  allowed  to  proceed  without  interruption. 

Mr.  HliTDS.  If  the  gentleman  from  Bradley  [Mr.  Bradley]  does  not 
wish  me  to  be  interrupted,  I  hope  he  will  persuade  his  friends  to  desist 
from  interruption. 

Mr.  BRADLEY.  I  will  have  to  hasten  the  birth,  directly,  if — - 

Mr.  GANTT.  I  hope  the  gentleman  [Mr.  Hinds]  does  not  apply  his 
remarks  to  me. 

Mr.  HINDS.  ]^o,  sir. 

Mr.  MOORE  [in  his  seat.']  Nor  to  me.  [Laughter.] 

Mr.  HINDS.  So  far  as  civil  rights  are  concerned,  I  believe  every  Re- 
publican is  in  favor  of  giving  the  colored  man  the  right,  not  only  to  vote, 
but  to  sit  on  a  jury,  and  every  other  right  that  man  claims  to  exercise.  I 
say  that  that  man  who  is  excluded  from  the  right  of  sitting  upon  a  jury, 
and  of  giving  evidence  in  court,  is  not  allowed  those  rights  which  should 
be  given  to  every  citizen  in  the  State,  not  prohibited,  in  consequence  of 
crime,  from  their  exercise.  The  power  that  is  given  by  the  ballot,  will 
enable  him  to  protect  himself — he  will  need  no  other  protection.  If  the 
judge  who  sits  upon  the  bench  does  not  deal  justly  by  him,  then,  if  it  be 
within  his  power  to  effect,  by  due  course  of  the  ballot,  the  removal  of  that 
(  652  ) 


Feb.  11th,-]  AEKAXSAS  COXSTITniOXAL  COXVE^'TIOX.  [27th  Dav. 


Tne  C c nsritation— :•  - ; ,  — B E 0  C) K S— B  E AD  L E  Y— G T T . 


judge,  he  is  secured  in  his  rights:  if  not.  then  I  say  he  is  not  in  possession 
of  the  right  ts  that  every  citizen  should  enjoy. 

The  C 'institution  which,  has  been  submitted,  is  a  Ulc  Constitution.  ■ 

The  PRESIDENT  here  interrupted  the  speaker,  to  say,  in  substance, 
that  the  short-hand  Reporter  of  the  Convention  being  without  assistance, 
and  the  debate  having  now.  in  addition  to  the  session  of  the  morning, 
continued,  without  intermission,  through  the  evening,  rhl  past  midnight, 
the  physical  endurance  of  the  Reporter  must  soon  be  exhausted,  unless 
a  short  recess  should  be  taken.  He  therefore  desired  merely  to  notify 
g-entlemen  who  mio-ht  wish  to  sDeak.  that,  unless  a  recess  should  be  had, 

O  _  J.  '  -  7 

their  remarks  might  not  be  fully  reported. 

Mr.  HESTDS.  I  was  about  to  say.  that  the  Constitution  which  has  been - 
submitted,  is  a  live  Constitution.    It  is  one  which  provides  for  the  rights 
of  every  citizen  within  the  geographical  limits  of  Arkansas:  and  I  desire 
to  see  it  adopted,  because  it  does  insure  and  guarantee  the  rights  of  all  the 
people  of  this  State. 

Mr.  ERAE)EEY.  I  would  like  to  make  a  few  remarks.  I  do  not  wish 
to  impose  upon  the  Reporter,  t  wish  to  speak  to  this  question,  and  speak 
directly  to  it;  and  if  the  Reporter  has  physical  strength  to  hold  out  for  a 
short  time.  I  whl  proceed. 

The  PRESEDEXT.  The  Chair  will  state,  on  behalf  of  the  Reporter,  that 
it  will  probably  be  impossible  for  him  to  proceed  with  his  duties  much 
longer,  unless  a  brief  recess  shall  be  had. 

EECESS — ^AGAiy. 

Air.  BR<')<jKS.  I  suppose  the  gentleman  [Mr.  Bralley]  desires  the 
same  privilege  which  others  have  had.  Perhaps,  when  he  enters  upon 
his  subject,  and  becomes  interested  and  animated,  as  he.  and.  doubtless, 
others,  will  be.  he  will  consume  more  time  than  he  now  expects.  There 
may  be  other  gentlemen  who  desire  to  speak.  I  would  say.  that  I  think 
it  might  be  not  amiss,  and,  perhap;*,  to  the  interest  of  all  concerned,  for 
us  to  take  a  recess,  and  finish  up  this  matter  to-morrow  morning, 

Mr.  BRAI'EEY.  I  am  perfectly  willing. 

Mr.  BRU'jKS.  I  tnink  it  is  desirable,  since  this  is  a  matter  in  which  we 
are  aU  interested — the  great  crisis  of  the  Convention,  of  the  State,  and  of 
the  country.  I  do  not  think  we  ought  to  drivi  it  through.  It  is  now  after 
midnight:  the  Reporter  is  exhausted:  the  gentleman  from  Bradley  [Mr. 
BpvADLet].  and  other  gentlemen,  desire  their  remarks  reponed. 

Mr.  G-AInTT.  I  understated,  from  the  Secretary,  that  if  the  Report^.r 

The  tweniY-seveiiib.  day's  session  of  the  CoEveniion  hs^vi-g  here  extenied  bevGr:!  mid- 
niglit,  the  date  at  head  of  the  page  is  changed  accordingly. 

(  653  ) 


/ 

1868.] 


DEBATES  AND  PEOOEEDINGS  OF  THE  [Tuesday, 


Kecess.— GENEEAL  DEBATE. 


could  have  a  little  rest,  of  ten,  or  fifteen,  or  twenty  minutes,  he  could  go 
on  with  the  reports.  For  one,  I  should  object  to  an  adjournment ;  and  I 
understand,  from  the  decision  of  the  Chair,  that  that  single  objection  will 
continue  the  session.    I  want  this  matter  brought  to  a  head  to-night. 

The  PEESIDEiTT.  These  remarks  are  out  of  order. 

Mr.  MOORE  suggested  a  recess  of  ten  minutes. 

Mr.  BRADLEY  said  that  ten  minutes'  recess,  with  opportunities  of  fresh 
air  and  refreshment  for  the  Reporter,  would,  be  desirable  in  every  respect. 

The  PRESIDENT.  By  unanimous  consent,  a  recess  may  be  taken. 
The  calling  of  the  roll  has  been  commenced.  The  Chair  knows  no  other 
way  in  which  the  result  may  be  reached. 

Mr.  HODGES,  of  Pulaski,  favored  a  recess  of  fifteen  minutes. 

Mr.  McCLURE.  I  now  object  to  any  more  speeches. 

The  PRESIDENT.  The  Chair  will  state  that  if  no  objection  shall  be 
made,  gentlemen  will  be  allowed,  to  resume  this  debate,  to-morrow,  even 
after  the  vote  shall  have  been  taken. 

Mr.  BRADLEY.  I  claim  the  floor,  to-morrow  morning,  unless  the 
gentleman  from  Phillips  [Mr.  Brooks]  desires  to  speak,  in  which  case  I 
wish  to  follow  him.  I  don't  want  to  shoot  at  small  birds — I  wish  to  shoot 
at  a  big  turkey. 

Mr.  BROOKS.  The  gentleman  will  undoubtedly  be  entitled  to  succeed 
me  in  debate  if  he  chooses. 

The  PRESIDENT.  As  gentlemen  do  not  seem  to  be  desirous  of  con- 
tinuing the  debate,  the  roll  will  be  called. 

Mr.  MOORE.  I  hold  this,  then ;  that  if  there  is  to  be  no  more  speaking 
now^  the  roll  is  to  be  called,  and  no  more  speeches  are  to  be  made. 

Mr.  BRADLEY.  I  ask  permission  to  speak  briefly.  I  do  not  desire 
that  my  speech  shall  be  reported — I  would  not  impose  upon  the  Reporter. 

Mr.  McCLURE.  I  object. 

Mr.  SARBER.  I  suppose  that  no  debate  can  be  carried  on  except  by 
unanimous  consent. 

The  PRESIDENT.  The  gentleman  [Mr.  SaebeiI]  is  correct.  The  Chair 
hopes,  however,  that  gentlemen  will  be  allowed  to  proceed. 

Mr.  BRADLEY.  This  is  an  important  question.  That  is  a  peculiar 
Constitution — — 

A  MEMBER  \_Mr.  Bradley  retaining  the  floor']  suggested  that  the  Con- 
vention take  a  recess  until  the  morrow  morning  at  ten  o'clock.  [Cries  of 
"  Object."] 

Mr.  McCOWN.  Will  the  Convention  hear  me  for  one  moment  ?  I  have 

not  been  a  talking  man  

Mr.  G  ANTT.  I  rise  to  a  point  of  order. 

Mr.  McCOWN.  I  say,  I  have  not  been  a  talking  man.  I  ask,  injustice  to 
the  gentleman  from  Bradley  [Mr.  Bradley],  the  Reporter,  and  ourselves, 
(  654  ) 


Feb.  11th.]  AEKAXSAS  COXSTITUTIOXAL  COyVE^'TIOX.  [27th  Day. 


Eecess.— GENERAL  DEBATE. 

that  we  take  a  recess.  I.  in  common  with  others,  want  the  gentleman's 
speech  reported. 

The  PRESIDE^'!.  The  difficulty  arises  from  the  fact  that  objection 
has  been  made  to  further  speeches. 

Mr.  GAXTT.  I  rise  to  a  point  of  order.  The  gentleman  from  Bradley 
[Mr.  Bradley]  has  the  floor.  The  gentleman  from  Columbia — or  Cal- 
houn— I  don"t  remember  where  he  is  from  

Mr.  McCO^VX  [J.o  J/r.  Gaxtt.]  I  would  like  to  ask  you  where  you  are 
from. 

Mr.  BRADLEY.  I  cannot  consent  to  be  interrupted  any  further. 

Mr.  GAJnTT.  I  will  state,  with  due  respect  to  the  gentleman  [Mr. 
McCowx].  that  I  really  do  not  know  where  he  comes  from. 

Mr.  McCOWX  [_t'j  Mr.  Gaxtt.]  I  really  don't  remember  where  you 
come  from. 

Mr.  KYLE.  I  must  ask  leave  to  say  a  word.  here. 
The  PRESDDEYT.  There  is  objection  to  any  further  remarks. 
Mr.  GREY,  of  Phillips.  I  move  a  recess  to  half-past  nine  o'clock,  to- 
morrow morning. 

Mr.  BRADLEY  [^o  Ji/\  Grey.]  You  are  an  honorable  man.  sir.  de- 
spite your  color,  and  your  kinky  hair  :  and  I  have  found  you  such.  I 
wish  to  speak  upon  this  subject. 

The  PRESIDEYT.  The  gentleman  from  Bradley  [Mr.  Bradley]  will 
come  to  order.  The  Chair  is  very  anxious  to  listen  to  the  gentleman's  re- 
marks; but  the  point  of  order  must  be  settled.  Gentlemen  object:  and  the 
Chair  must  adhere  to  well-recognized  rules  of  parliamentary  proceedings. 

Mr.  McCLYRE.  I  have  no  objections  to  this  matter  going  over  till  to- 
morrow morning:  but  otherwise.  I  must  olject  to  any  further  debate. 

Mr.  REYYOLDS.  The  gentleman  from  Bradley  [Mr.  Bradley]  had 
the  lioor,  and  had  commenced  speaking  before  any  objections  were  made. 

Mr.  :SARBER.  I  call  the  gentleman's  attention  to  the  motion  that  was 
made. 

The  PRESLDEYT.  The  Chair  has  no  recollection  of  any  motion  pre- 
sented. 

Mr.  McCC^YY.  This  matter  has  been  opened  for  debate;  and  it  will 
not  be  proper  to  crush  any  man  out. 

Mr.  MOYTGOMERY.  The  gentleman  has  five  minutes,  in  which  to 
speak,  when  he  votes. 

The  PRESLDEYT.  The  Chair  repeats  that  the  debate  is  open  by  unani- 
mous consent,  and  that  without  unanimous  consent,  it  cannot  go  on. 

Mr.  GAYTT.  I  object  to  any  further  debate. 

The  PRESIDEYT.  The  gentleman  from  Prairie  [Mr.  Gaxit]  objects: 
neither  debate  nor  a  motion  for  recess,  therefore,  is  allowable.  The  roll 
win  be  called. 

(  655  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Tuesday, 


The  Constitution.— THE  VOTE. 


THE  CONSTITUTION — RESUMED. 


Mr.  BRADLEY.  Will  I  be  allowed  to  explain  my  vote,  when  the  roll 
is  called? 

The  PRESIDEI^T.  Yes,  sir. 

Mr.  MOISTTGOMERY.  I  move  a  call  of  the  house. 

Mr.  BRADLEY.  I  rise  to  a  privileged  question.  Men  who  are  in  favor 
of  equal  rights  before  the  law,"  certainly  will  not  suffer  some  men  to 
speak  half  an  hour,  and  then  choke  others  down. 

Mr.  HODGES,  of  Pulaski.  I  know  the  two  gentlemen  who  object, — the 
one  is  the  gentleman  from  Arkansas  [Mr.  McClure],  and  the  other  is  the 
I  gentleman  from  Prairie  [Mr.  Gantt];  and,  knowing  them,  I  do  still  hope 
that  the  greatest  latitude  will  be  given.  I  wish  to  clear  myself  of  this  matter. 

Mr.  GANTT.  I  desire  to  read  Rule  XXI : 

"Any  member  may  move  a  call  of  the  Convention,  and  if  sustained  by  one- 
third  of  the  members  present,  the  roll  shall  be  called,  and  absent  members 
sent  for.  After  the  roll  is  called,  no  member  shall  be  permitted  to  leave  the 
room  until  the  report  of  the  Sergeant-at-Arms  be  received,  or  further  proceed- 
ings in  the  call  be  suspended  by  a  vote  of  the  majority  of  the  members  present." 

A  call  of  the  house  was  ordered. 

'  The  SECRETARY  proceeded  to  call  the  roll. 
Pending  the  call  of  the  roll, 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names. 

The  PRESIDENT  directed  that  the  call  of  the  house  be  discontinued. 

The  PRESIDENT  then  directed  the  Secretary  to  proceed  with  the 
call  of  the  roll  upon  the  question  of  the  adoption  of  the  Constitution,  its 
Schedule,  and  Ordinance,  as  reported  by  the  Committee  on  the  Constitu- 
tion, its  Arrangement  and  Phraseology. 

The  question  was  taken;  and  it  was  decided  in  the  affirmative, — Yeas 
45,  Nays  21,  as  follows : 


YEAS: 


Solomon  D.  Belden, 

Moses  Bell, 

Walter  W.  Brashear,  . 

Joseph  Brooks, 

Daniel  Coates,  ( 

George  W.  Dale, 

Amos  H.  Evans, 

Solomon  Exon, 

James  M.  Gray,  of  Jefferson, 


William  H.  Grey,  of  Phillips, 
John  W.  Harrison, 
Robert  Hateield, 
Monroe  Hawkins, 
James  Hinds, 

James  L.  Hodges,  o^  Pulaski, 
J.  A.  Houghton, 
John  H.  Hutchinson, 
Thomas  P.  Johnson, 


(  656  ) 


Feb.  11th.]  AEKAXSAS  COXSTITniO^'AL  COyVEXTIOX.  [27th  Day. 


Tne  Cc.rEti:u:i;.n.— THE  VOTE,— AD AMS. 


Gayli  H.  Kyle. 

3I1LES  LzI'FjRI'  LaXCtLET. 

SA^irEL  TT.  AIalloey. 
James  AIasox. 
Peter  &.  Misxer. 
Jesse  AIillsaps. 
John  E.  Montgomery. 

TTlLLlAM  XURPHY. 

Georoe  TT.  AlcCowy. 
John  AIcClure. 
Chaeles  H.  Oliver. 
FeeT'ERIck  E.  Poole. 

JOHX  C.  PrII'DY. 

Nathan  Eawlixos. 


Hexry  Eectoe. 

FraXKLIX  AIoxroe  EorXSAVILLE. 

F.  AI.  Sams. 
EicHARD  Samuels. 
JoHX  y,  Sarber. 
G-EOEGE  S.  Scott. 
CLiEFCfED  Stanley  Sims. 
Thomas  Saiith. 
0.  P,  Sxyter. 
James  T.  TThitz. 
Parley  A.  VTilliams. 
TTiLLiAM  A.  Wyatt. 
The  President  ^Thomas  AJ.  Bowen 
Total.  45. 


XA  YS 


TT,  Vr.  Alams. 
TTrLLiAM  A.  Beasley. 
John  M.  Br  alley. 
Joseph  H.  Coreell. 
J.  y.  Cypert. 

BOULLIN  I'UVALL. 
EOBERT  S.  CtAXTT. 

"William  F,  Hicks. 
Anthony  Hinkle."^ 
James  AJ,  Hoge. 
Samuel  J.  AIatthews 


TT.  I).  AIc.ORE. 

GeoectE  AV.  ZS'oeman, 
James  P.  Portis. 

E.  G.  PUNTNEY, 

A\'.  TV.  Eeynolds, 
James  H.  Shoppach_. 
E.  C,  Tan  Hook. 
Charles  AV.  AValkee. 
Ira  L.  T-ilson, 
Joseph  TTright. 


Total.  21. 


ABSE^'T  AXD  SOT  TOTIXG' 


Hampton  T.  Allen. r 
VT.  H.  Gray.  01  T\'oO'E'ufi.-j- 
AsA  HoLGES.  of  C'rittenden.l 
William  G.  Hullis.S 


Eli.jah  Helly.t 
Thomas  Owen.-t- 

AV.  H,  PlCKETT.i- 

Ham.  W.  Eatclieee. 


Total.  S. 

So  the  Constirution.  its  Schedule,  and  Ordinance,  were  adopted. 
Pending  the  call  of  the  roll : 

[Mr.  ADAMS  appended  Ms  name  to  a  written  explanation  filed  bv  Mr 
Gantt.  and  which  was  spread  npon  the  Journal.] 

*  Subsequently  changed  his  vote  to  Aye. 
t  2s  ever  appeared  in  the  Convention. 

T  Absent  as  messenser  01  the  Convention  to  Hdqrs.  4ih  Military  Dist. 

I  Sick. 

II  Had  not  yet  taken  his  seat  in  the  Convention. 

42  (  657  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


The  Constitution.— BEASLEY. 


Mr.  BEASLEY  (when  his  name  was  called)  said:  I  have  ever  been  a 
Union  man.  I  was  elected  here  as  a  reconstructionist,  upon  the  Congres- 
sional plan ;  and  I  am  still  in  favor  of  reconstruction  upon  that  plan.  I 
have  labored  for  it,  and  have  voted  for  every  measure  that  did  not  go 
beyond  that.  But  I  am  obliged,  in  the  conscientious  performance  of  my 
duty  as  a  member  of  this  body,  to  say,  that  I  consider  the  Constitution 
now  suddenly  proposed  for  our  summary  action,  and  which,  by  a  vote  of 
the  Convention,  w^e  are  compelled  at  once  to  approve  or  reject,  in  all  its 
features,  unfair  in  its  provisions,  and  oppressive  beyond  the  expecta- 
tions of  my  people.  I  was  sent  here  to  give  all  the  people  equality  before 
the  law.  I  was  sent  to  give  that  equality  to  the  black  man.  I  have  not 
attempted,  in  an}^  instance,  to  withhold  from  him  that  right.  But,  at  the 
same  time,  it  was  not  expected  that  I  would  disfranchise  the  people  of  Ar- 
kansas, or  help  to  lay  the  foundations  of  their  disfranchisement,  so  generally 
as  I  conceive  to  be  effected  by  the  Constitution  which  we  are  about  to 
adopt.  Under  these  circumstances  I  have  labored  hard  for  the  purpose  of 
modifying  it  in  some  respects.  In  every  instance  I  have  failed.  In  every 
instance  I  have  failed  !  ISTothing  has  been  conceded  to  me,  or  to  the  ex- 
pectations of  my  people;  and  I  would  prove  recreant  to  the  trust  reposed 
in  me,  if  I  should  accept  this  Constitution  (as  I  must,  if  I  accept  it  at  all), 
as  a  whole. 

The  establishment  of  two  new  offices  created  by  the  Constitution — those 
of  two  additional  Judges  of  the  Supreme  Bench, — wdiich  I  have  labored 
hard  to  prevent,  I  look  upon  as  a  monstrous  thing.  The  Constitution 
proposes  to  tax  my  people  heavily  for  the  support  of  two  superfluous  offi- 
cers, to  say  the  least,  and,  I  think,  in  reality,  four — an  Attorney-General, 
a  Lieutenant-Governor,  and  two  additional  Supreme  Judges — four  offices 
which  could  well  be  dispensed  with  on  the  ground  of  economy.  The  peo- 
ple will  not  expect  me  to  vote  for  such  a  measure. 

The  system  of  taxation  provided,  it  is  known  I  have  opposed.  The 
Constitution  proposes  to  tax  one-third  of  the  citizens  of  Arkansas.  And, 
to  make  the  tax  more  galling  than  it  would  otherwise  be,  it  proposes  to 
disfranchise  them,  and  then  to  tax  them  for  the  support  of  this  extravagant 
government — measures  for  which,  I  am  confident,  my  people  will  not  allow 
me  to  vote,  and  see  their  faces  in  peace  again.  I  have  labored  for  a  poll- 
tax  for  revenue,  as  well  as  for  school  purposes.  ■ 

Mr.  HINKLE  [m  Ms  seaf]  That  is  right. 

Mr.  BEASLEY.  I  desired  to  set  apart  a  portion  of  the  tax  raised  from 
the  people  generally,  both  by  the  poll  and  from  property,  for  school  funds. 
Mr.  HINKLE  [in  his  seat']  That  is  right. 
Mr.  BEASLEY.  All  this  has  been  denied. 

Again,  it  is  provided  that  all  the  people  shall  be  taxed  to  school  every 


(  658  ) 


Feb.  11th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [27th  Day. 


The  Constitution.— BEASLEY. 


cMld  between  the  ages  of  five  and  twenty-one  years,  in  the  State  of  Arkan- 
sas, and  it  is  then  denied  that  any  county,  affer  paying  that  tax,  shall  draw 
one  cent  of  the  fund,  unless  a  free  school  shall  have  been  kept  therein  for 
not  less  than  three  months  during  the  year ;  thus  taxing  my  people,  in  case 
they  should  not  come  readily  into  the  system  of  free  schools,  to  educate 
the  children  of  other  counties,  and  denying  them  their  y^/vj  raia  portion  of 
the  money  paid  out  of  their  own  pockets.  '  This  constitutes  another 
reason  why  I  could  not  support  the  Constitution. 

Then,  although  no  injury  has  been  done  my  section  of  the  country,  in 
the  apportionment  under  that  system  of  gerrymandering  which  has  been 
resorted  to,  yet  that  system  embodies  such  a  multitude  of  frauds,  that  I 
cannot,  as  an  honest  man,  in  the  fear  of  God,  and  in  the  face  of  the  people 
I  represent,  ever  put  my  signature  to  it,  and  appear  before  that  people 
again. 

I  must,  therefore,  say  Xo. 

Mr.  Beasley  subsecjuently  sent  to  the  Secretary's  desk  the  following 
explanation,  which  he  asked  to  have  spread  upon  the  Journal : 

llv.  President.  I  desire  to  enter  my  protest  against  certain  sections  con- 
tained in  said  Constitution. 

1st.  ]\Iy  objection  is  found  in  the  Judiciary,  Section  3,  which  provides  for  five 
Supreme  Judges,  which  I  think  oppressive  to  the  impoverished  and  down- 
trodden people,  when  there  is,  in  ni}' judgment,  full  sufficient  for  the  business 
of  this  State  at  the  present  period. 

2d.  My  next  objection  is  found  in  the  elective  franchise  particularly,  or 
covering  clause,  which  declares  that  the  General  Assembly  shall  not  have  power 
to  remove  the  disabilities  of  persons  embraced  in  the  1st,  2d,  3d,  and  ith  sub- 
divisions of  the  3d  Section  of  said  Article. 

3d.  ]\Iy  next  objection  is  found  in  Section  Six  (6)  of  Article  IN'ine  (9),  in  the 
educational  provisions,  which  say  that  no  township  nor  school  district  shall 
have  any  part  of  the  general  school-fund,  unless  that  a  free  school  has  been 
kept  in  said  district  at  least  three  months  during  the  past  year.  If  ray  people 
are  taxed  for  school  purposes,  I  want  them  to  have  a  portion  of  said  public 
moneys,  whether  we  have  had  schools  or  not. 

4th.  My  next,  and  most  serious  objection,  is  found  in  the  financial  depart- 
ment. Section  One  (1).  which  declares  that  there  shall  be  no  poll-tax  in  this 
State  except  for  schools.  Which  Article  proposes  to  relieve  or  exempt  about 
two-thirds  of  the  voters  of  this  State,  from  taxation,  except  for  schools,  or 
school  purposes,  throwing  the  burden  of  taxation  for  revenue  upon  but  little 
more  than  one-third  of  the  citizens  of  this  State;  which  I  regard  as  an  outrage 
upon  a  helpless  and  defenceless  j^eople,  many  of  whom  are,  by  said  Constitu- 
tion, disfranchised. 

These  are  my  principal  objections  to  the  Constitution.  In  most  of  its  phra- 
seology and  arrangement,  it  cannot  be  excelled;  but  the  objections  I  have 


(  659  ) 


1868.] 


DEBATES  AND  PEOCEEDHSTGS  OF  THE  [Tuesday, 


The  Constitution.— BELL— BEADLEY. 


referred  to  are  insurmountable,  and  will  be  the  means  of  its  final  defeat  when 
it  goes  before  the  people.    I  Yote  Nay. 

William  A.  Beasley. 

[Mr.  BELL  sent  to  the  Secretary's  desk,  at  a  later  stage  of  the  vote, 
an  explanation,  which  appears  in  its  place,  where  offered.] 

Mr.  BRADLEY  (when  his  name  was  called)  said :  How  much  time 
shall  I  be  allowed,  to  explain  my  vote? 

The  PRESIDED.  Under  tlie  resolution,  five  minutes. 

[Cries  of  "  Leave."] 

Mr.  McCLURE  [in  his  seat]  No. 

[Cries  of  Leave."] 

Mr.  McCLURE  [in  his  seat]  IsTo. 

Mr.  BRADLEY.  I  will  remark,  in  the  outset,  that  I  expect  to  votelSTo; 
but  if  the  Constitution  shall  be  voted  down  to-night,  I  am  willing,  to- 
morrow, to  move  to  reconsider  the  vote,  and  thus  re-open  the  subject. 

I  must,  as  a  man  who  has  spent  his  time,  his  influence,  and  everything 
he  had  and  was,  in  favoring  the  plan  of  reconstruction  under  the  Military 
Bill,  and  who  came  here  in  good  faith,  expecting  to  assist  in  the  compro- 
mise of  all  these  great  questions  growing  out  of  the  proposition  for  negro 
suffrage,  sa}^  that  now,  when  I  come  to  the  last  extremity,  and  find  myself 
engorged  with  monstrosities, — when  I  find  a  document  which,  if  one  could 
put  it  on  public  exhibition,  throughout  the  United  States,  would  make  his 
fortune,  as  the  rarest  specimen  of  human  production  ever  known  or  heard 
of  in  all  Christendom, — I  am  compelled  to  oppose  its  adoption.  Yes,  sir; 
this  monstrosity  is  great  enough  even  to  shroud  the  aspirant  for  Congress ; 
and  I  expect  he  intends  to  wrap  himself  up  in  it,  when  he  makes  his  can- 
vass for  the  position.  God  and  angels  know  I  am  not  trifling  with  this 
question  I  I  came  to  assist  in  making  a  Constitution ;  and  I  want  to  do  it. 
I  know  kow  I  have  been  treated— how  I  have  been  spurned,  and  my 
honesty,  and  honest  intentions,  insulted.  Gentlemen  came  here  to  form 
an  organic  law,  for  the  State  of  Arkansas, — the  best,  under  the  circum- 
stances, that  we  could  do,  under  the  provisions  of  the  Military  Bill.  I  have 
faithfully  and  steadily  directed  my  energies  to  the  accomplishment  of  that 
identical  point.  But,  gentlemen,  after  all  this, — in  the  name  of  God,  in 
the  name  of  your  fathers  and  mothers,  and  of  your  sons  who  sleep  in  the 
graves  of  heroes,  in  the  name  of  your  children,  and  those  of  your  neigh- 
bors, I  ask  you  if  you  propose  to  thrust  into  the  same  common  school 
with  your  child  and  mine,  the  children  of  the  negro.  Will  you  endorse 
that  monstrous  enactment  which  proposes  to  take  advantage  of  the  neces- 
sities of  widows,  and  of  poverty-stricken  men,  who  cannot  afford  to  send 
their  children  elsewhere,  to  compel  them  to  thrust  those  children,  for  three 
months  in  the  year,  among  the  offspring  of  a  race  whom  God,  by  writing 
an  indelible  mark  upon  their  head  and  foot  and  brain,  has  pronounced  the 
(  660  ) 


Feb.  11th.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIO:s\  [27tli  Day. 


The  Constitution.— BEADLET—BEASHEAE. 


social  inferiors  of  your  sons  and  daughters?  You  insult  the  unfortunate 
people  of  Arkansas  !  I  say,  it  insults  Heaven  :  and  I  say,  to-night,  before 
my  God,  that  no  honest  man,  be  he  black  or  white,  advocates  such  a  meas- 
ure :  and  I  am  responsible  for  what  I  say.  I  want,  before  I  leave  Little 
Rock,  to  make  a  Constitution  :  and  I  cannot  vote  for  that  thing.  I  ask  no 
greater  boon  than  to  record  my  vote  against  that  damnable  instrument  of 
ruin,  that  proposes  to  crush  my  race,  whom  God  has  made,  and  upon 
whom  he  has  stamped  the  image  of  Himself  that  sat  upon  the  brow  of 
Adam  when  he  fell  from  the  hands  of  his  Creator,  in  Paradise. 

I  ask  the  gentleman  [Mr.  Brooks]  who  moved,  this  evening,  the  sus- 
pension of  the  rules,  that  this  instrument  might  be  introduced  here, — have 
you  ever  read  those  passages  of  Holy  T\hnt  which  say, — "Love  your  ene- 
mies, bless  them  that  curse  you,  do  good  to  them  that  hate  you,  and  pray 
for  them  which  despitefully  use  you,  and  persecute  you — "Whosoever 
shall  smite  thee  on  thy  right  cheek,  turn  to  him  the  other  also  V  Do  you 
propose  to  trample  under  your  feet  the  bone  of  your  bone  and  flesh  of  your 
flesh?  Can  you  look  upon  the  burning  throne  before  which  you  shall 
stand,  not  only  as  a  minister  of  the  Gospel,  but  as  a  representative  of  your 
race,  and  face  the  record  you  make  in  this  hall?  I  blush — your  wife 
and  children  will  blush — to  see  your  record,  and  read  it  in  the  face  of 
future  generations.  I  claim  to  be  a  Christian  man.  I  was  born  in  a  Chris- 
tian land;  I  have  read  the  Bible,  and  subscribe  to  its  doctrines.    I  love  it; 

I  bind  it,  with  its  teachings,  to  my  bosom  

Mr.  TTILLIAMS.  I  call  the  gentleman  to  time.  [Cries  of  "  Leave."] 
Mr.  BEOOKS.  I  hope  the  gentleman  will  be  allowed,  by  consent,  to 
proceed. 

Objection  being  made, 

Mr.  BRALLEY  presented  the  following  explanation  of  his  vote,  which 
he  asked  to  have  spread  upon  the  JournaL 

I  ask  to  bequeath  to  my  posterity  no  greater  boon,  than  to  record  my  vote 
against  that  damnable  engine  of  oppression  and  ruin.  I  ask  my  language  to 
be  cut  in  a  rock,  and  lead  poured  into  the  letters,  to  stand  forever.  I  vote 
Xay. 

JoHx  M.  Bradley. 

Mr.  BRASHE AR  (when  his  name  was  called)  said :  I  claim  the  same 
right  with  the  gentleman  from  Bradley  [Mr.  Bradley],  to  explain  my 
vote.  He  appeals  to  the  oracles  of  Divine  truth,  to  show  that  he  is  sin- 
cere in  his  belief  that  the  Africans  are  an  inferior  race,  and  not  our  equals. 
And  I,  while  I  shall  record  my  vote  in  the  aflirmative,  appeal  to  the  Scrip- 
ture, for  the  truth  of  my  belief  that  God  has  created  in  one  image  all  the 
nations  of  men.    And  not  only  so,  but  I  appeal  to  the  great  authority  of 

(  6t^l  ) 


1868.] 


DEBATES  AND  PROCEEDINGS  OF  THE  [Tuesday, 


The  Constitution.— BKASHEAR— BROOKS— CYPERT. 


Thomas  Jefferson,  that  all  men  are  created  equal.  And  I  say  it  in  all  can- 
dor. I  am  perfectly  willing  to  appeal  to  God  for  the  purity  of  my  intentions. 
I  profess  to  be  an  honest  man.  I  say  that  the  Almighty  has  never  made 
a  more  honest  man  than  I  am.  I  claimed  my  liberty  at  the  point  of  the 
bayonet;  and  I  stand,  to-night,  in  the  hall  whither  I  was  dragged,  as  a 
prisoner,  for  my  attachment  to  the  same  cause  for  which  I  vote  to-night. 
I  studied  these  same  lessons  of  loyalty  and  liberty,  in  Benton  Barracks. 
That  is  all  I  have  to  say.  I  vote  Aye,  upon  this  question ;  calling  upon 
the  same  authority  to  which  the  gentleman  from  Bradley  [Mr.  Bradley] 
appealed,  for  the  purity  of  my  motives.  I  claim  that  to  be  a  privilege 
that  belongs  to  me,  in  common  with  the  rest  of  the  human  family. 

Mr.  Brashear  subsequently  sent  to  the  Secretary's  desk  the  following 
statement;  which  he  asked  to  have  spread  upon  the  Journal: 

I  am  opposed  to  five  Judges  instead  of  three. 

W.  W.  Brashear. 

Mr.  BROOKS  (when  his  name  was  called)  said :  I  shall  vote  Aye.  I 
regret  that  the  Constitution  is  not,  in  all  its  details  respecting  the  Judi- 
ciary, and  the  common-school  system,  and  in  other  regards,  such  as  to 
conform  to  the  views  and  feelings  of  all  the  loyal  members  of  this  Con- 
vention.  

Mr.  CYPERT.  Do  I  understand  the  gentleman  to  impugn  the  loyalty 
of  any  man  in  this  Convention? 

Mr.  BROOKS.  Will  the  time  which  I  may  occupy  in  replying  to  the 
gentleman,  be  counted  in  my  five  minutes? 

The  PRESIDENT.  The  Chair  hopes  that  the  gentleman  [Mr.  Brooks] 
will  not  be  interrupted,  during  the  five  minutes  allowed  him  for  expla- 
nation. 

Mr.  BROOKS.  I  regret,  and  many  gentlemen  regret,  that  we  were 
unable  to  reconcile  all  the  conditions,  and  conflicting  views,  of  the  friends 
of  reconstruction.  But  I  hope  the  country  at  large  will  understand  the 
position  assumed,  on  this  floor,  during  the  progress  of  the  Convention,  and 
especially  this  evening,  by  the  members  of  the  Opposition  in  this  body. 
The  assaults  which  they  have  made,  they  have  made  simply  because  they 
are  opposed  to  all  reconstruction;  as  I  might  amply  prove  by  the  docu- 
ment which  I  hold  in  my  hand,  and  from  which,  did  time  allow,  I  would 
be  gratified  to  read, — the  official  proceedings  of  the  Convention  which 
met  in  the  hall  below  us, — in  which  document  that  Convention  declares 
positively,  in  advance  of  our  work,  and  before  even  the  general  principles 
of  the  Constitution  had  been  announced,  that  they  would  vote  against 
everything  which  we  might  put  forth,  and  that  on  the  ground  of  the  un- 
constitutionality of  this  Convention;  while  they  appeal  to  the  people 
against  the  civil  and  political  equality  of  the  colored  race  with  the  white, 
(  662  ) 


Feb.  nth.]  AEKANSAS  COIsrSTITUTIO:N-AL  COT^YEKTIO^T.  [27th  Day. 


The  Constitution.— BROOKS— CO ATES—CORBELL. 


with  all  the  eloquence  of  the  gentleman  from  Bradley  [Mr.  Bradley],  who 
has  given  in  his  recent  adherence,  in  toio,  to  the  Opposition,  and  declared 
that  he  had  been  all  the  time  with  the  "White  Man's  Party,"  the  funda- 
mental principle  of  whose  doctrine  is,  opposition  to  reconstruction,  and  who 
make  such  opposition  obligatory  upon  all  the  members  of  their  party. 
Mr.  BRADLEY.  I  never  said  any  such  thing. 

The  PRESIDEi^T.  The  Chair  insists  that  gentlemen  must  not  be  in- 
terrupted. 

Mr.  BROOKS.  I  hope  that  every  Republican  member  of  the  Convention 
will  vote  with  a  distinct  understanding,  and  with  the  issue  distinctly  pre- 
sented to  their  minds,  that  gentlemen, — a  portion  of  them, — who  vote 
against  this  Constitution,  whatever  may  have  been  their  professions,  will 
vote  as  they  have  pledged  themselves  to  vote,  simply  because  they  are  op- 
posed to  all  reconstruction.  The  position  of  other  gentlemen,  we  of  course 
understand,  is  taken  on  principle.  They  are  opposed  to  the  great  cardinal 
principle  upon  which  reconstruction,  and  this  Constitution,  are  based, — 
namely,  the  equality  of  all  men  before  the  law.  They  have  so  declared  pub- 
licly, in  conventions.  The}^  believe  that  colored  men  ought  not  to  have 
the  right  of  citizenship.  We,  the  great  Republican  Party,  hold  that  they 
should  have  the  ballot;  and  we  intend  that  they  shall  have  it:  and  we  will 
sustain  the  Government  based  upon  the  principles  of  universal  franchise 
and  universal  equality.  I  have  not  had  any  opportunity  to  address  myself 
to  that  question ;  and  I  regret  that  none  of  us  have  had  the  opportunity  to 
do  so.  But  I  do  7iot  blush  to  face  my  wife  and  daughters,  nor  the  great 
judgment-seat,  for  my  vote  to-night,  in  favor  of  the  freedom  and  equal 
privileges  of  all  men.    I  vote  Aye.  [Applause.] 

Mr.  COATES  (when  his  name  was  called)  said:  I  have  some  objections 
to  the  Constitution;  but  I  will  vote  Aye,  and  make  no  apology. 

Mr.  CoATES  subsequently  sent  to  the  Secreta^ry's  desk  the  following 
explanation  of  his  vote ;  which  he  asked  to  have  spread  upon  the  Journal : 

I  have  some  objectioTis  to  the  Constitution  as  a  whole,  the  principal  one 
being  the  creation  of  two  or  three  unnecessary  offices  in  the  Judiciary,  etc.,  which 
will  tend  to  tax  to  a  greater  extent  the  j^eoj^le  of  the  State ;  but  I  vote  Yea,  as 
we  may  not  be  able  to  better  it. 

COATES. 

Mr.  CORBELL  (when  his  name  was  called)  said :  I  belong  to  no  party 
opposed  to  reconstruction ;  but,  taking  the  Constitution  as  a  whole,  I  feel 
bound  to  vote  in  the  negative,  believing  it  to  be  revolutionary  in  its 
nature. 

Mr.  CoRBELL  subsequently  sent  to  the  Secretary's  desk  the  follow- 
ing explanation  of  his  vote;  which  he  asked  to  have  spread  upon  the 
Journal : 

(  663  ) 


1868.] 


DEBATES  Al^D  PEOCEEDINGS  OF  THE 


[Tuesday, 


The  Constitution.— COKBELL—CYPEET— DALE— DUYALL. 


On  the  adoption  of  the  present  proposed  Constitution  I  vote  in  the  nega- 
tive, believing  it  to  be  in  violation  of  the  Eeconstruction  Acts,  and  tending  to 
be  revolutionary  in  several  respects. 

CORBELL. 

Mr.  CYPERT  (when  his  name  was  called)  said :  I  do  not  wish  to  ex- 
plain my  vote  at  any  length — and  upon  this  principle, — that  I  do  not  wish 
to  cast  my  pearls  before  swine.  I  have  written  my  objections,  to  be  spread 
npon  the  minutes.    I  vote  l^o. 

Mr.  Cypert  joined  with  Mr.  Gantt  in  a  written  explanation ;  which  was 
subsequently  sent  to  the  Secretary's  desk,  and  spread  upon  the  Journal. 

Mr.  DALE  (when  his  name  was  called)  said :  I  am  a  man  of  slow  speech, 
and  shall  not  be  expected  to  say  much  in  five  minutes.  There  are  some 
features  of  this  Constitution,  wdiich,  if  I  had  had  the  making  of  the  whole, 
myself,  I  should  have  made  different.  This  is  particularly  the  case  in 
regard  to  the  Judiciary.  I  should  have  been  in  favor  of  having  not  more 
than  three  judges  on  the  Supreme  Bench.  I  attempted,  throughout,  to 
have  that  section  so  framed ;  and  only  conceded  the  point  because  I  be- 
came satisfied  that  it  was,  as  it  stands,  the  best  that  I  could  get.  I  might 
find,  and  would  have  found,  perhaps,  if  I  had  had  the  decision  of  the  whole 
matter  to  myself,  some  fault  with  the  Article  on  the  franchise.  That 
Article  does  not  exactly  suit  me,  though  it  was  the  best  I  could  do.  I  got 
it  in  pretty  strong,  in  the  start;  but  what  with  all  the  cuttings  and  slicings 
that  it  has  undergone,  it  has  come  out  nothing  more  than  the  mere  shadow 
of  a  skeleton ; — and  that  clause,  I  thought,  almost  anybody  could  accept, 
leaving,  as  it  does,  the  door  wide  open  for  every  disloyal  gentleman  to 
come  in  whenever  he  should  be  ready.  I  thought  no  opposition  would  be 
made  to  that.  However,  I  have  no  apologies  to  make,  here  or  elsewhere, 
for  my  action  in  the  matter.  I  am  responsible  to  myself  and  my  constitu- 
ents ;  and  I  am  not  afraid  to  go  home,  before  the  Union  men,  upon  that 
subject.  I  do  not  expect  to  be  frightened  about  it,  or  to  be  alarmed  by 
any  denunciations  from  gentlemen  here,  of  those  who  oppose  this  Consti- 
tution. I  would  first  say,  however,  for  the  information  of  those  who  choose 
to  differ  from  me,  that  I  do  not  claim  that  degree  of  honesty  which  seems 
to  be  claimed  by  some  gentlemen.  I  notice  that  some  gentlemen  scarcely 
ever  rise  upon  the  floor,  but  they  declare  and  reiterate  their  honesty.  So 
far  as  I  am  concerned,  I  leave  the  world  to  judge,  for  themselves,  of  my 
action.  I  do  not  propose  to  be  held  responsible  to  any  man,  or  set  of  men, 
for  my  action  here.    I  vote  Aye. 

Mr.  DUVALL  (when  his  name  was  called)  said : 

My  explanation  is  very  short;  but  I  would  ask  that  it  go  upon  the 
records. 

Mr.  DuvALL  read  the  following  explanation  of  his  vote,  which  was 
spread  upon  the  Journal : 
(  664  ) 


Feb.  11th.]  AEKAXSAS  COXSTITrTIOXAL  COXYEXTIOX.  [27tli  Day. 


The  Constitution.— DUA^ALL—EVAXS—EXOy—GAXTT. 


I  was  loyal  to  my  cotmtry  through  the  rebellion,  and  am  yet  :  therefore.  I 
will  not  vote  for  a  Constitution  that  will  excltide  me  from  the  right  of  an 
American  citizen,  together  with  many  others  that  I  might  name.  I  vote  Xay, 
and  regard  it  as  the  j)roudest  act  of  my  life. 

DrVALL. 

Mr.  EVAXS  (when  his  name  was  called)  said:  I  vote  Aye.  asking  that 
my  explanation  may  be  spread  upon  the  record,  as  those  of  others  have 
been. 

Mr.  EvAXS  sent  to  the  Secretary's  desk  the  following  explanation  of  Eis 
vote;  which  was  spread  upon  the  Journal : 

In  explanation  of  my  vote  on  the  Constitution.  I  wish  to  say  that  I  think 
three  Supreme  Judges  sufficient  to  adjudicate  all  cases  coming  before  that 
Court.  In  my  opinion,  the  qualifying  vote  of  an  elector  contains  much  that  is 
superfluous,  and  I  would  prefer  a  more  liberal  franchise.  I  am  not  satisfied 
that  the  impression  shall  prevail  that  my  County  will  not  do  justice  to  all  con- 
cerned while  sitting  as  jurors,  though  on  political  questions  they  may  entertain 
difference  of  opinion.  However,  for  the  sake  of  harmony  and  unity.  I  waive 
my  own  views  and  wishes,  and  record  my  vote.  Yea. 

A.  H.  EvAxs,  of  ^lonroe  County. 

Mr.  EXOX  (when  his  name  was  called)  said:  I  consider  that  I  have 
always  been  loyal,  too.  I  came  here  representing  the  loyal  portion  of  the 
people  of  Clark  County.  The  Constitution  does  not  suit  me  in  every 
feature.  Eike  my  friend  from  Independence  [Mr.  Dale].  I  think  there  is 
a  little  too  much  milk-and-water  about  it  ;  but  I  vote  Aye,  and  consider 
it  as  proud  an  act  as  ever  I  pierformed  in  my  life. 

Mr.  GAJ^TT  (when  his  name  was  called)  read  the  following  explana- 
tion of  his  vote  ;  which  explanation  he  asked  to  have  spread  upon  the  Jour- 
nal, and  to  which  were  subsequently  appended  the  names  of  Messrs. 
Ctpert,  Adams,  Eeyxolds,  Hoge,  YTalker,  YTrictHT,  Hicks,  and  Moore  : 

Having  been  denied,  by  the  action  of  the  Convention,  sufficient  time  to 
express  at  length  our  objections  to  the  Constitution,  we  are  content  to  vote 
Xo.  for  the  following  reasons  : 

l>t.  The  Constittition  is  not  republican  in  form. 
2d.  It  is  proscriptive. 

3d.  It  is  destructive  of  the  dearest  rights  of  the  people  of  the  State. 

4th.  It  disfranchises  a  laro-e  number  of  the  best  white  citizens  of  the  State. 

o 

5th.  It  enfranchises  a  class  of  inhabitants  totally  incapable  of  self-govern- 
ment. 

Gth.  If  adopted  and  ratified  by  the  people,  it  will  deliver  over  to  stolid  and 
brutish  ignorance  the  political  control  of  the  State. 

7th.  It  encourages  the  social  equality  of  the  white  and  black  races. 

(  665  ) 


1868.]  DEBATES  Al^B  PROCEEDmGS  OF  THE  [Tuesday, 


The  Constitution.— GKAY  of  Jefferson— GREY  of  Philli 


ps. 


8th.  It  annuls  and  declares  void  a  large  class  of  debts  contracted  upon  a 
valuable  consideration,  prior  to  the  late  rebellion. 

9th.  It  imposes  the  entire  burden  of  taxation  upon  the  white  inhabitants  of 
the  State,  many  of  whom  are,  by  its  terms,  disfranchised;  and  relieves  from 
taxation  almost  the  entire  negro  population — not  one  of  whom,  who  has  at- 
tained the  age  of  twenty-one  years,  is,  by  said  Constitution,  denied  the  right 
of  suffrage. 

10th.  It  compels  the  white  citizens  of  the  State  to  contribute,  by  taxation, 
to  the  support  of  public  schools,  from  which  their  children  will  be  effectually 
excluded. 

11th.  We  regard  the  acts  of  Congress,  under  which  this  Convention  is  being 
held,  as  unconstitutional. 

12th.  In  our  opinion,  the  State  of  Arkansas  is  in  the  Union  under  a  Consti- 
tution, republican  in  form,  entitled  to  all  the  rights  of  a  constituent  part  thereof, 
including  representation  in  the  N'ational  Legislature;  and  consequently,  that  a 
new  Constitution  is  not  necessary. 

E.  S.  Gantt,  delegate  from  Prairie  County. 
J.  K  Cypert,  "       White  " 

.  W.  W.  Adams,  "       Izard  " 

W.  W.  Eeynolds,      "       Benton  " 
James  M.  Hoge,  .      "       Washington  County. 
C.  W.  Walker,         "  "  " 

Joseph  Wright,  "  Carroll  " 
W.  F.  Hicks,  "       Prairie  " 

W.  D.  Moore,  "       Ashley  " 


Mr.  GEAY,  of  Jefierson  (when  his  name  was  called),  said  :  I  vote  Aye, 
considering  the  Constitution  good  enough  for  me. 

Mr.  GKEY,  of  Phillips  (when  his  name  was  called),  said :  I  did  not 
come  here  to  make  a  Constitution,  but  to  see  one  made.  I  have  heard 
some  expressions  of  reasons  for  the  course  which  gentlemen  have  pursued 
in  voting  upon  the  adoption  of  the  Constitution.  I  shall  vote  Aye,  because 
the  Constitution  gives  the  negro  the  right  of  suffrage.  I  will  just  remark, 
with  one  gentleman  who  has  already  voted,  that  the  Constitution  is  not, 
in  every  particular,  perhaps,  such  as  I  would  have  wished  it ;  but  I  fancy 
that  there  have  been  other  similar  instruments  w^hich  Ijave  met  w^ith  the 
same  objections,  and  yet  which  have  proved  beneficial,  in  the  highest 
degree,  to  the  communities  for  which  they  have  been  framed.  I  find  that 
such  objections  were  made  to  the  Constitution  of  the  United  States.  Many 
men  who  assisted  in  the  framing  of  that  Constitution  objected  to  many  of 
its  features;  yet  I  find  the  great  authority  of  George  Washington  urging 
its  acceptance,  on  the  ground  that  men  must  not  expect,  in  such  a  case,  to 
obtain  all  that  they  wanted. 

I  would  have  liked  to  have  had  time  to  reply  to  some  remarks  which 
gentlemen  have  made  upon  the  floor,  this  evening.  One  thing  I  will  say, 
(  666  ) 


Feb.  11th.]  AEKA^^SAS  COXSTITUTIO^^AL  COJSTYElSrTIOK  [27th  Day. 


The  Constitution.— GEE Y— H ATFI ELD. 


however,  in  the  brief  time  allowed  me.  I  am  sorry,  to  some  extent,  to  have 
•  seen  the  feeling  that  has  been  exhibited,  between  gentlemen  here,  upon  this 
great  question,  a  question  of  so  much  importance  to  themselves  and  to  their 
children.  I  was  in  hopes,  when  I  came  to  Little  Rock,  that  the  time  had 
dawned,  so  beautifully  illustrated  by  the  ladies  in  Columbia,  Mississippi, 
some  months  ago,  when,  in  strewing  flowers  upon  the  graves  of  the  dead 
heroes  of  the  war,  they  made  no  distinctions  between  those  who  had 
fought  in  the  two  opposing  ranks. 

"  From  the  silence  of  sorrowful  hours 

The  desolate  mourners  go, 
Lovingly  laden  with  flowers 
Alike  for  the  friend  and  the  foe. 
Liicler  the  sod  and  the  dew, 
Waiting  the  Judgment  Day, — 
.   .  Under  the  roses,  the  Blue  ; 

Under  the  lilies,  the  Gray. 

Sadly,  hut  not  with  upbraiding,  » 
The  generous  deed  was  done; 
In  the  storm  of  the  years  that  are  fadings 
'No  braver  battle  was  won.  ^ 
Under  the  sod  and  the  dew, 

Waiting  the  Judgment  Day, — 
Under  the  blossoms,  the  Blue, 
Under  the  garlands,  the  Gray.'' 

Having  seen  assembled,  here,  gentlemen  from  all  portions  of  tlie  State, 
representing  these  difi:erent  ideas,  I  had  hoped  more  harmony  would  have 
existed  on  the  subject  of  the  organic  law  of  the  land.  But  as  that  cannot 
be, — as  the  circumstances  amid  which  we  have  been  cast,  for  the  last  few 
years,  have  created  these  discordant  opinions  as  to  what  the  organic  law 
should  have  been, — then,  as,  by  this  Constitution,  you  of  the  majority  give 
me  my  rights,  as  you  give  me  equality  before  the  law,  and  enable  me  to 
protect  myself,  by  the  only  efficient  means,  I  certainly  accept  it,  joyfully 
and  thankfully.    I  vote  Aye. 

Mr.  HATFIELD  (when  his  name  was  called)  said :  The  Constitution  is 
not  exactly  what  I  would  have  liked  to  have;  it  is  not  the  best  we  could 
have  made,  especially  in  the  particular  of  the  franchise.  I  wish  to  make 
a  record  for  myself,  and  for  my  wife  and  children  and  family.  When  I 
do  so  by  voting  for  the  adoption  of  this  Constitution,  I  think  it  one  of  the 
best  acts  of  my  life.  I  have,  however,  especially  opposed  the  disfranchise- 
ment clause,  and  have  contended  that  all  the  men  who  have  been  enemies 
to  the  country,  who  have  deserted  the  interests  of  their  country,  and 
brought  misery  and  destruction  upon  the  land,  and  who,  yet  are  setting 

{  667  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Tuesday, 


The  Constitution.— HATFIELD— HICKS— HINDS— HINKLE. 


themselves  up  to  control  the  loyal  element  of  the  State,  ought  to  have  been 
disfranchised.  I  wsLut  my  record  to  go  before  the  world.  I  think  it  will» 
stand  higher  than  that  of  those  who  declare  that  we  shall  not  have  suffrage, 
throughout  the  land,  for  all  men.  I  am  willing,  sir,  that  my  record  should 
go — as  has  been  remarked — before  my  wife  and  children.  I  think  that,  in 
every  sense  of  the  word,  it  will  be  well  pleasing  to  them,  and  to  every 
loyal  man  in  the  State  of  Arkansas,  that  we  should  oppose  these  murderers 
and  cut-throats,  to  the  bitter  end.  I  would  have  framed  the  Constitution 
differently.  I  would  have  exiled  many  of  them  from  the  United  States, 
and  have  placed  many  of  them  in  the  Penitentiary,  for  swearing  lies.  I 
do  not  profess  to  be  a  very  honest  man ;  but  when  I  witness  such  acts  I 
desire  to  see  them  punished  as  they  deserve.  I  say  these  things  in  regard 
to  lies,  meaning  all  I  say ;  and  I  am  responsible,  for  this  or  anything  else 
that  I  may  say.  I  have  written  an  explanation  of  my  vote  ;  which  I  de- 
sire to  have  placed  upon  the  record, — to  the  effect  that  I  vote  Aye,  though 
taking  some  little  exception  to  the  Constitution,  as  regard  its  variations 
from  what  I  proposed  to  have  it. 

Mr.  Hatfield  sent  to  the  Secretary's  desk  the  following  explanation  of 
his  vote : 

I  vote  Yea;  but  I  am  opposed  to  Section  Three,  Article  Seven,  believing  that 
three  Supreme  Judges  are  sufiicient  to  perform  the  duties  of  the  Supreme  Court 
for  many  years.  I  ask  that  this  explanation  be  placed  upon  the  Journal  of 
this  Convention. 

EoBERT  Hatfield. 

Mr.  HICKS  (when  his  name  was  called)  read  the  following  explanation 
of  his  vote ;  which  he  asked  to  have  spread  upon  the  Journal : 

I  vote  Nay,  for  the  reason  that  this  Constitution  is  made  for  a  class  of  citizens 
not  known  to  the  Constitution  of  the  United  States ;  that  it  disqualifies  a  large 
portion  of  those  who  have  exercised  the  elective  franchise ;  that  it  was  con- 
cocted in  secret,  and  brought  forth  between  two  days. 

,       .  '  W.  F.  Hicks,  of  Prairie  County. 

Mr.  Hicks  subsequently  appended  his  name,  also,  to  the  explanation  filed 
by  Mr.  Gantt,  and  which,  also,  was  spread  upon  the  Journal. 

Mr.  HUTDS  (when  his  name  was  called)  said :  Believing  the  Constitu- 
tion to  be  a  good  one,  equal  to  that  of  any  State  in  the  American  Union, 
I  vote  Aye. 

Mr.  HINKLE  (when  his  name  was  called)  said :  This  is  the  first  time 
that  I  have  risen  to  explain,  or  give  a  reason  for  my  vote.    I  have'  to  ex- 
claim, at  this  time, — Great  God!  is  there  no  help  for  the  widow's  son? 
[Laughter.]    I  was  elected  by  as  loyal  a  body  of  constituents  as  ever 
(  668  ) 


Feb.  lltii.]  AEKAXSAS  COXSTITrTIOXAL  COXVEXTIOX.  [27th  Bar. 


The  Conititution.— HIXKLE. 


breathed  the  breath  of  life.  They  have  proved  their  faith  by  their  works; 
and  I  have  led  thern  iu  proving  that  faith.  I  vrent  into  the  Federal  ser- 
vice; in  as  good  faith  as  any  man  ever  entertained.  I  recruited  more  sol- 
diers than  any  man  in  this  section  of  the  country  ever  did  in  the  same 
time  ;  and  it  was  when  the  country  was  destitute  of  men;  and  no  other 
man.  I  do  believe,  could  have  made  a  company,  but  myself;  and  I 
recruited  a  hundred  and  forty,  and  that  in  about  three  weeks.  I  went 
out  to  make  a  record  for  myself;  but  we  were  led  by  a  set  of  men  that, 
from  the  beginning  to  the  end_.  sought  our  overthrow,  and  who  made  a 
record  for  me.  My  people  have  not  lost  confidence  in  me  yet  :  they  have 
sent  me  hiVc  to  make  a  record  for  myself;  and  all  the  devils  in  hell  can- 
not keep  me  from  it!  [Laughter  and  applause.] 

I  was  elected  under  the  Reconstrtiction  Act.  I  am  in  favor  of  it.  I 
support  it.  I  am  for  the  rights,  liberties,  and  privileges,  of  the  negro. 
But  when  the  Constitution^  which  we  were  sent  to  form,  is  loaded  down 
with  unjust  side  issues,  as  this  is,  and  by  a  set  of  the  same  class  of  men 
that  have  made  a  record  for  me,  I  cannot  and  will  not  follow  them.  I  am 
with  the  loyal  people  of  Arkansas.  I  expect  to  live  and  die  with  them. 
It  cost  everything  I  had.  to  be  a  loyal  man;  and  I  offered  my  life  a  sacri- 
fice for  loyalty.  These  men  now  trying  to  take  advantage  of  me — ^what 
have  they  to  sacrifice?  They  have  everything  to  gain,  and  nothing  to 
lose,  but  their  lives.  I  have  fought  my  way  through  at  the  point  of  the 
bayonet.  I  did  not  hide  myself  under  any  little  office  that  kept  me 
secured  from  the  bullets — I  was  out  o.ftcr  the  bullets — I  Avas  not  Commis- 
sary or  Quartermaster — I  took  my  sword  in  my  hand,  to  suppress  the 
jayhawkers  and  bushwhackers,  as  an  honest  man;  and  I  fought  it  out. 

TVhat  do  I  now  see  ?  A  set  of  men  comes  here,  destitute  of  office,  and 
hungering  after  it.  T\^e  must  needs  create  new  offices,  for  their  benefit. 
Every  man  of  common  sense  knows  there  is  no  possible  kind  of  need  for 
five  Judges  upon  the  Supreme  Bench.  I  protest  against  it,  from  begin- 
ning to  end! 

Mr.  BRADLEY  [.'/^      ^t(7/.]  Amen! 

Mr.  HEsTvLE.  The  next  feature  against  which  I  protest,  is  that  of  the 
disqualification  of  men  whom  we  hold  sacred  to  our  hearts,  for  the  pur- 
pose of  getting  another  man  into  the  United  States  Senate.  TThen  I  have 
my  glasses  on,  I  can  see  as  tar  in  a  millstone,  as  those  that  picked  the 
eye  !  [Laughter.] 

Mr.  BLADLEY  [Jn  his  seat.]    When  there  is  a  hole  in  it. 

Mr.  HIZnEILE.  Sir,  the  cpiestion  of  apportionment  belonged  to  the  old 
citizens  of  Arkansas.  They  should  have  had  an  opportunity  to  say  what 
apportionment  they  wanted.  Every  county  should  have  its  representative  : 
but  have  they  got  it  ?    Conway  has  got  hers — if  she  can  get  it ! 

Sir,  I  am  in  favor  of  reconstruction,  on  just,  on  equitable  principles. 

(  669  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Tuesday, 


The  Constitution.— HINKLE—HOGE— JOHNSON— KYLE. 


The  features  of  this  Constitution,  to  which  I  have  referred,  I  do  most  em- 
phatically object  to.  

A  MEMBER  [in  his  seat.-]    Time ! 

Messrs.  DUVALL  and  MOOEE  [m  their  seats.']  He  has  a  minute,  yet. 
The  PRESIDENT.  Not  by  my  watch. 

Mr.  HINKLE.  I  have  the  time  before  me ;  and  I  have  as  good  time  as 
any  gentleman.  I  vote  No,  if  that  will  suit  you.  [Laughter  and  applause 
from  the  left.] 

Mr.  HiNKLE  subsequently  sent  to  the  Secretary's  desk  the  following 
explanation,  which  he  asked  to  have  spread  upon  the  Journal: 

Mr.  President  :  I  vote  Nay,  for  the  reason  that  I  consider  five  Judicial  Judges 
is  taxing  the  people  unnecessarily,  and  can  do  no  other  good  than  make  room 
for  more  officers. 

2d.  I  consider  prohibition  of  the  Governor  and  Lieutenant-Governor  to  aspire 
to  a  higher  office,  cannot  result  in  any  other  good  only  to  deprive  the  people  of 
this  State  from  their  first  choice  for  a  Senator. 

3d.  I  consider  every  male  citizen  between  the  ages  of  twenty-one  and  sixty 
years,  should  pay  a  poll-tax  for  the  support  of  the  government  in  which  he 
lives. 

4th.  I  consider  the  voting  on  the  Constitution,  on  the  whole,  as  unjust  and 
unfair,  and  done  for  the  express  purpose  to  take  the  advantage,  and  force  me 
to  vote  against  my  honest  convictions;  for  it  is  well  known,  so  far  as  the  general 
principles  are  concerned,  i.  e.,  the  disfranchisement,  I  am  for  it,  heart  and  soul, — 
and  also  the  enfranchising  of  blacks. 

HiNKLE. 

[Mr.  HOGE  appended  his  name  to  the  written  explanation  fi.led  by  Mr. 
Gantt,  and  which  was  spread  upon  the  Journal.] 

Mr.  JOHNSON  (when  his  name  was  called)  said:  I  vote  Aye.  I  am  of 
the  Radical  Party,  to  the  bone.  I  believe  this  Constitution  to  be  the  best 
one  that  Arkansas  ever  had. 

The  gentleman  from  Ashley  [Mr.  Moore]  has  undertaken  to  show  us 
that  the  class  of  men  of  whom  he  is  a  representative,  are  our  best  friends. 
My  God !  I  hope  he  will  put  his  hand  over  his  mouth,  and  never  speak 
that  word  again.  We  are  very  much  inclined  to  believe  that  the  men  who 
are  trying  to  secure  equal  rights  for  us,  are  our  best  friends. 

If  you  are  not  ready  for  us  to  have  the  right  of  voting,  according  to  the 
true  Republican  doctrine  of  the  equal  rights  of  all  men,  you  do  not  want 
us  to  have  any  rights,  but  just  let  us  stay  in  slavery,  as  we  were  before  the 
war. 

Mr.  KYLE  (when  his  name  was  called)  said :  I  shall  vote  for  the  Con- 
stitution, upon  the  same  principle  with  that  expressed  by  some  other  mem- 
bers of  the  Convention.    I  desire  that  this  paper  may  be  entered  upon  the 
Journal. 
■      (  670  ) 


Feb.  11th.]  AEKAXSAS  COXSTITrTIOXAL  CONTYEyTION:.  [27th  Day. 


The  Constitution.— KYLE— LAXGLEY—MALLOEY—MASOX. 


Mr.  Kyle  read  the  following  exphmation  of  his  vote,  whicli  he  asked  to 
have  spread  upon  the  Journal. 

Air.  Peesidext  :  I  desire  the  follovriug.  as  my  protest,  to  he  entered  on  the 
JoiirDal  of  the  Convention  : 

1st.  I  am  opposed  to  fastening  on  the  people,  in  their  impoverished  eondi- 
tion.  live,  instead  of  three.  Judges  of  the  Supreme  Court,  when  tlie  latter  num- 
ber would  be  amply  sufficient  to  decide  all  cases  in  said  Court  as  correctly,  and 
with  as  little  delay,  as  the  five  :  and  further,  as  it  is  a  departure  from  the  pro- 
visions contained  in  the  Constitutions  of  a  majority  of  the  States  of  the  ITnion. 

2d.  I  am  opposed  to  that  clause  of  the  Article  on  the  franchise,  which  denies 
to  the  Legislature  the  power  to  remove  the  disabilities  of  citizens,  who.  in  the 
exercise  of  a  discretion  given  them  by  Cougress.  oppose  the  ratification  of  the 
Constitution  from  its  adoption  by  the  Convention,  instead  of  after  it  becomes 
effective  by  the  ratification  of  the  people. 

8d.  I  am  opposed  to  the  system  of  apportionment,  which  provides  that  Eep- 
resentatives  shall  be  elected  by  the  voters  comprising  a  Senatorial  District,  in- 
stead of  by  the  voters  of  the  several  counties.  But.  as  a  whole,  I  think  there 
is  in  the  Constitution  more  to  commend  than  to  condemn.  I  therefore  vote 
for  it. 

Gayle  H.  Kyle. 

[Applause.] 

Mr.  LAKC^LEY  (when  his  name  was  ealledVsaid  :  I  want  it  understood 
that  I  am  a  Eadical.  I  believe  in  universal  freedom,  impartial  sulirage, 
and  ec[ual  rights.  I  will  vote  for  the  Constitution  as  a  whole,  thinking  it 
is  a  good  thing,  for  the  men  that  made  it. 

Mr.  MOORE  [j:a  Ids  seat.']  I  think  so,  myself. 

Mr.  LAXGEEA^.  It  is  a  good  thing,  to  come  from  the  brain  of  a  "'me- 
nagerie."' It  is  not  all  that  I  wisli  it  to  be  :  but  I  will  vote  for  it.  with  tlie 
right  to  reserve  an  amendment  providing  for  female  sutFrage, — with  the 
expectation  of  presenting  my  reasons.  I  am  a  consistent  man,  and  wish 
to  make  the  right  of  sutfrage  really  universal. 

Mr.  MALLORT  (when  his  name  was  called)  said :  A.s  it  seems  to  be  in 
order  to  recite  the  exploits  of  the  past,  and  compare  them  with  those  of 
the  present,  I  will  say  this.  I  thought  that  on  the  battle-field  of  Shiloh 
I  had  helped  to  do  a  good  deed — at  Corinth  the  same — at  Hatchie  River 
the  same — at  Yicksburg  the  same  :  but  I  say  now  that  it  is  the  proudest 
act  of  my  life,  that  I  can  hand  down  this  vote  of  Aye  to  my  posterity  ! 
[Applause.] 

Mr.  MOORE  [in  his  5t^7/.]  Glory  ! 

Mr.  HIXKEE  [Jn  his  seat.-]  Hallelujah ! 

Mr.  MASOX  (  when  his  name  was  called)  read  the  following  explanation 
of  his  vote ;  which  he  asked  to  have  spread  upon  the  Journal : 


(  671  ) 


1868.] 


DEBATES  A^^D  PEOCEEDIJSTGS  OF  THE  [Tuesday, 


The  Constitution.— MASON—MATTHE  WS— MISNEK. 


1st.  In  the  present  impoverished  condition  of  our  State,  I  consider  it  un- 
necessary, and  entirely  wrong,  to  have  five  judges  upon  the  Supreme  bench. 

2d.  I  object  to  the  clause  disfranchising  those  who  oppose  reconstruction, 
after  the  adoption  of  this  Constitution,  by  this  Convention,  for  the  reason  that 
I  regard  it  as  being  contrary  to  a  republican  form  of  government,  and  as  being 
arbitrary  and  unjust. 

3d.  I  object  to  the  continued  disfranchisement  of  all  persons  who  are  now 
disfranchised  by  the  present  Eeconstriiction  Acts  of  Congress,  as  I  believe 
many  are  now  disfranchised  who  ought  not  to  be;  but,  in  the  face  of  the  re- 
iterated assertions  of  gentlemen  of  the  Conservative  Party,  that  they  are  not 
willing  to  give  us  the  right  of  suffrage  under  any  circumstances,  I  am  forced 
to  accept  this  Constitution  as  being  good  as  a  whole,  and  as  being  the  best  that 
I  can  get  under  the  circumstances,  and  give  up  my  ideas  of  limited  disfranchise- 
ment and  qualified  suffrage. 

J.  W.  Mason. 

Mr.  MATTHEWS  (when  his  name  was  called)  read  the  following  ex- 
planation of  his  vote;  which  he  asked  to  have  spread  upon  the  Journal*: 

I  vote  Nay,  because  the  proposed  Constitution  fails  to  provide  that  the  elec- 
tive franchise  shall  be  enjoyed  by  all  such  persons  as  have  the  qualifications 
prescribed  in  the  Act  of  Congress  entitled  "  An  Act  to  provide  for  the  more 
efl&cient  government  of  the  Eebel  States,''  as  said  Act  requires ;  because  the 
proposed  Schedule  to  said  Constitution  is,  in  its  terms,  violative  of  the  Eecon- 
struction  Act,  and  revolutionary;  because  the  districting  of  the  State,  and  the 
apportionment  of  the  Eepresentatives  in  the  Senate  and  House  of  the  General 
Assembly,  is  unequal,  unjust,  and  is  made  without  regard  to  the  wishes,  rights, 
or  convenience  of  the  people,  but  solely,  and  confessedly,  for  party  purposes; 
because  said  Constitution  will  create  two  Supreme  Judges,  a  Lieutenant-Gov- 
ernor, and  other  officers,  at  an  increased  expense  to  the  peoj^le  of  the  State, 
for  no  other  reason  than  that  certain  political  aspirants  may  have  places ;  be- 
cause the  common-school  system  it  proposes,  is  an  abomination  to  every  white 
man  true  to  the  well-being  of  his  race.  And  for  many  other  reasons  ;  not  the 
least  of  which  is  the  unexampled  manner  in  which  this  proposed  Constitution 
is  being  hastened  through,  without  being  printed,  and  at  its  first  reading,  with- 
out any  necessity  being  shown  for  such  a  course. 

S.  T.  Matthews. 

Mr.  MISNER  (w^hen  his  name  was  called)  said :  I  have  nothing  to  say; 
I  will  occupy  the  five  minutes,  however,  to  keep  the  measure.  Except  as 
to  the  Judges,  I  approve  the  Constitution ; — as  regards  that  feature,  I  have 
done  all  I  could  do,  in  opposition,  since  it  taxes  unnecessarily  the  people 
af  the  State.  I  don't  know  but  w^e  can  bear  it,  so  that  we  can  obtain  a 
support,  some  ^vay  or  another — we  have  always  done  so,  I  believe.  I 
have  been  very  much  opposed  to  making  new  teats  to  this  old  sow,  because 
some  men  want  to  suck  them.  [Laughter.]  I  vote  Aye,  particularly  on 
(  672  ) 


Feb.  11th.]  AEKAXSAS  COXSTITrTIOyAL  COXYEyEIOX.  [27tli  Day. 


The  Constitution.— MUEPHY—^IcCOTVX. 


account  of  the  provisions  respecting  the  franchise — -^vhat  there  is  here — it 
miebt,  to  advantage,  have  been  a  little  worse  on  the  Rebels.  [Laughter.] 
I  would  have  disfranchised  every  one  of  them.  I  have  suffered  too  much 
at  their  hands.  They  robbed  me  of  my  home,  ran  my  wife  from  bome, 
and  robbed  her  on  the  way.  Every  man  of  them,  here,  now  claiming  the 
franchise,  was  doing  the  very  same  thing.  Sir,  I  know  that  my  constitu- 
ents will  applaud  me  for  voting  for  this  Constitution,  as  the  best  deed  I 
could  do  for  the  interests  of  the  State. 

Mr.  MUEPHY  (when  his  name  was  called)  said :  As  this  Constitution 
is  based  upon  the  platform  of  the  Declaration  of  Independence,  which 
declares  that  all  men  are  free  and  equal,  and  by  their  Creator  are  endowed 
with  certain  inalienable  rights,  I  shall  vote  Aye. 

Mr.  McCOYv^X  (when  his  name  was  called)  said:  It  may  not  be  im- 
proper, perhaps,  that  I  should  explain  my  vote.  I  am  not  prepared  to 
hand  my  explanation  to  the  Secretary  in  writing,  to-night:  but  I  shall 
ask  that  privilege  at  a  future  time. 

There  are  many  features  in  this  Constitution,  that  I  do  not  approve. 

First,  I  do  not  approve  tlie  legislative  system.  I  believe  that  every 
county  should  have  a  separate  Eepresentative. 

I  do  not  approve  the  banking  system. 

The  franchise  is  far  from  what  I  would  have  liked — far  from  what  I 
hoped.  I  could  never,  without  my  most  solemn  and  earnest  protest,  agree 
to  disfranchise  any  man  who  went  honestly  into  the  late  rebellion,  as  I 
went,  myself,  and  is  no  more  guilty  than  myself,  and  perhaps  no  less 
repentant  to-day. 

I  would  have  been  glad, — I  believe  it  would  have  been  proper, — to  have 
had  separate  schools  for  tlie  two  races. 

I  tbink  the  poll-tax  should  have  extended  farther :  for  every  man  who 
enjoys  the  protection  of  the  law  should  help  support  it. 

I  believe  that  every  male  citizen  of  the  age  of  twenty-one  years,  who 
pays  a  tax,  should  have  been  a  competent  juryman. 

It  would  be  useless  for  me  to  elaborate  these  objections.  I  shall  do  so 
more  fully  in  the  paper  which  I  shall  hand  in  to  the  Secretary.  But  we 
have  been  bere  for  nearly  six  weeks,  at  an  expense,  to  our  people,  of  fifty 
thousand  dollars  or  more.  I  am  unwilling  to  tear  our  work  to  pieces 
again,  and  entail  upon  them  the  expense  of  another  fifty  thousand  dollars, 
to  re-frame  it,  when  I  have  no  hope  that  it  could  or  would  be  made  less 
objectionable.  I  am  willing  to  let  this  Constitution  go  to  the  people;  and 
if  they  do  not  like  it,  let  them  pttt  their  foot  upon  it.  I  do  not  like  it, 
myself.  ^ 

[Mr.  McCowx  on  a  subsequent  day  read  an  explanation  of  his  vote, 
which  was  spread  upon  the  Journal,  and  which  appears  in  its  proper  place 
in  the  Eeport.] 

43  (  673  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Tuesday, 


*  The  Constitution.— MOOKE— POOLE— PORTIS—PUNTNEY. 


Mr.  MOORE  (when  his  name  was  called)  said:  I  shall  vote  I^o,  for  the 
game  reasons,  and  desire  my  name  to  be  placed  upon  the  same  document, 
presented  by  Messrs.  Gantt  and  Cypbrt.  I  do  so,  also,  for  other  reasons, 
which  to  me  appear  good  and  substantial.  I  believe  the  instrument  pre- 
sented as  an  organic  law  for  the  State  of  Arkansas,  to  be  a  monstrosity, 
an  outrage  upon  the  rights  of  the  people  of  Arkansas,  and  an  insult  to 
honesty  and  moral  integrity.    My  vote,  therefore,  is,  No. 

[Mr.  MOORE  placed  his  name  upon  the  explanation  tiled  with  Mr. 
Gantt,  and  which  was  spread  upon  the  Journal.] 

Mr.  POOLE  (w^hen  his  name  was  called)  said:  As  it  is  deemed  fashion- 
able to  make  an  explanation,  I  will  merely  state  that  as  I  consider  the 
Constitution  submitted,  to  be  about  as  perfect  as  imperfect  man  can  pro- 
duce, under  the  circumstances,  I  will  vote  Aye. 

Mr.  PORTIS  (when  his  name  was  called)  said:  I  have  to  object  to  this 
Constitution,  and  have  sent  to  the  Secretary's  desk  a  paper  containing  my 
objections.  I  have  there  stated  that  I  came  here  in  good  faith,  to  assist 
in  framing  a  Constitution  for  the  State.  I  am  desirous  of  seeing  that 
accomplished.  And  I  think  we  could  have  accomplished  it,  to  the  good 
of  the  State  and  the  satisfaction  of  the  people.  But  to  accept  this  instru- 
ment, as  it  is,  with  all  its  details,  I  cannot  consent.  I  cannot  approve  it. 
T  therefore  vote  ISTo. 

Mr.  PoRTis  subsequently  sent  to  the  Secretary's  desk  the  following  ex- 
planation of  his  vote;  which  he  asked  to  have  spread  upon  the  Journal: 

I  am  opposed  to  the  franchise  clause  in  the  Constitution;  also  to  the  clause 
in  the  Constitution  requiring  the  collection  of  tax,  for  the  reason  that  it  relieves 
a  great  portion  of  the  people  from  paying  any  tax  for  revenue  purposes :  also, 
I  am  opposed  to  more  than  three  Supreme  Judges :  also,  I  am  opposed  to  the 
registration  oath  prescribed  in  the  Constitution  :  also,  I  am  opposed  to  the  dis- 
tricting of  the  State  for  Senators  and  Representatives,  in  the  manner  as 
arranged  in  the  Constitution,  for  the  General  Assembly. 

P.  PORTIS, 

Of  Ouachita  County. 

Mr.  PUi^TI^EY  (when  his  name  was  called)  said :  It  is  common  for 
gentlemen  to  give  explanations  of  their  votes;  but  as  I  came  here  a  recon- 
structionist,  though  belonging  to  no  party — no  party  responsible  for  what 
I  might  do,  nor  I  responsible  to  any  party, — I  have  felt  under  no  obliga- 
tions to  explain  any  vote  that  I  might  give.  For  the  satisfaction,  however, 
of  those  whose  acquaintance  I  have  made  since  I  came  here,  who  know 
that  I  came  as  a  reconstructionist,  and  hoping  that  we  could  frame  a  Con- 
stitution which  we  should  be  able  to  support,  both  here  and  at  home,  I 
will  in  this  instance  deviate  from  the  rule  which  I  had  formed  for  myself. 

I  am  sorry  to  say  that  I  cannot  support  the  Constitution  now  proposed ; 
(  674  ) 


Feb.  11th.]  ARKAXSA.S  COX-STITUTIOXAL  COXYEXTIOX.  [27th  Day. 


The  Constitution.— PUXTXEY—EAWLI^'GS. 


and  that  for  several  reasons.  The  manner  in  which  tlie  representation  is 
apportioned,  for  one  thing.  The  organization  of  the  Supreme  Court  for 
another.  The  franchise  for  another.  The  taxes  are  so  distributed  that 
one  class  of  our  citizens — and  they — a  great  many  of  them — disfranchised, 
will  have  to  pay  the  great  burden  of  the  tax  of  the  State.  I  object  to  the 
Schedule,  in  the  matter  of  the  apportionment  of  the  Senate.  I  am  like 
my  old  friend  over  here  [Mr.  Hixele] — I  think  I,  too.  can  see  into  a  mill- 
stone, a  little,  when  I  have  my  spectacles  on.  [Latighter.]  It  does  seem  to 
me.  sir.  that  this  measure  is  not  designed  for  the  good  of  the  people,  or  cal- 
culated to  advance  it.  Gentlemen  may  talk  about  who  is  and  who  is  not 
loyal,  and  all  that  sort  of  thing.  I  do  not  boast  of  my  loyalty  ;  but  my  con- 
stituents know  it.  It  does  seem  to  me,  I  say.  that  this  apportionment  is 
so  unjust,  so  contrary  to  the  principles  of  representative  government,  that 
there  must  have  been  a  design  in  it.  Here  are  four  cotinties  thrown  into 
one  District,  and  allowed  two  Senators.  TThereas.  you  could  have  thrown 
two  counties  into  a  district,  and  so  have  had  two  districts,  and  secured  to 
the  people  of  those  counties  a  fair  representation. 

Then  as  to  the  Cjualification  recpired  of  members  of  the  Senate  and 
House  of  Eepresentatives.  They  need  have  resided  within  their  district 
only  ten  days.  The  requirements  are  such,  too.  that  the  whole  six  Eepre- 
sentatives and  two  Senators  of  my  own  District  may  reside  in  the  town  of 
Xapoleon.  and  still  represent  the  entire  District.  What  is  the  principle  of 
representation,  unless  it  be  that  counties  and  districts  shall  be  represented 
by  men  residing  within  their  limits,  who  will  know  the  local  wants  and 
interests,  and  represent  those  wants  and  interests  in  the  Legislature? 

The  Sixth  Section  of  the  Schedule,  I  consider  to  be  contrary  to  the  Law 
under  which  we  are  acting. — in  this  respect.  Any  man  can  see,  who  will 
read  that  Law,  that  the  Provisional  Government  is  under  the  control  of 
the  Federal  Government,  and  is  to  remain  in  action  until  this  State  is 
legally  admitted  into  the  Union.  I  conceive,  then,  that  this  whole  scheme 
is  nothing  more  nor  less  than  a  revolutionary  movement,  to  oust  the 
present  Provisional  Government  and  establish  a  negro  oligarchy. 

Dor  these  reasons,  and  for  various  others,  I  shall  vote  Xo. 

Mr.  EAAVLIXGS  iwhen  his  name  was  called)  said:  I  have  objections 
to  the  Constitution  presented  :  but  believing  it  to  be  the  best  we  can  ob- 
tain under  the  circumstances,  I  vote  Aye.  [Applause.] 

Mr.  Eawlixg-s  stibsequently  sent  to  the  Secretary's  desk  the  following 
explanation  of  his  vote:  which  he  asked  to  have  spread  upon  the  Journal: 

I  am  opposed  to  the  extension  of  the  disfranchisement  beyond  the  classes 
disfranchised  by  the  ••  Eeconstruction  Acts."'  beheving  this  Constitution  has  no 
power  to  make  such  extension  :  also,  to  more  than  three  Supreme  judges,  be- 
lieving that  number  sufficient  to  transact  the  business  of  the  Supreme  Court. 

X.  X.  Eawlixgs. 
(  675  ) 


1868.] 


DEBATES  AND  PEOCEEDIlSrGS  OF  THE 


[Tuesday, 


The  Constitution.— RECTOK—KEYNOLDS—KOUNSAYILLE. 


Mr.  RECTOR  (when  his  name  was  called)  said  :  I  am  not  well  satisfied 
with  the  Constitution  in  all  respects.  The  disfranchisement  clause  is  not 
strong  enough  for  me.  Looking  upon  the  merits  of  the  instrument  as  a 
whole,  however,  I  vote  Aye. 

[Mr.  REYISTOLDS,  before  the  vote  was  announced,  appended  his  name 
to  the  explanation  filed  by  Mr.  Gantt,  and  which  was  spread  upon  the 
Journal.] 

Mr.  ROUNSAVILLE  (when  his  name  was  called)  said:  I  have  nothing 
to  say  upon  the  various  subjects  that  have  occupied  the  attention  of  this 
assembly.  It  had  been  my  intention,  upon  reaching  certain  topics,  to 
claim  the  attention  of  the  Convention  for  a  short  time.  But  the  busi- 
ness is  far  advanced ;  and  I  will  simply  give  my  reasons  for  excepting  to 
certain  parts  of  the  proposed  Constitution;  or,  rather,  will  note  those  parts 
of  it  to  which  I  make  exception. 

I  do  not  approve  of  the  arrangements  with  respect  to  the  Judiciary.  I 
would  greatly  prefer  three,  instead  of  five.  Judges  of  the  Supreme  Bench. 

With  the  franchise,  also,  I  am  not  satisfied,  so  far  as  regards  two  or 
three  of  the  clauses  on  that  subject.  But  as  I  have  reduced  to  writing  the 
objections  which  I  make,  I  will  leave  the  paper  with  the  Secretary,  asking 
that  it  may  be  spread  upon  the  record,  and  will  not  now  detain  the  Con- 
vention by  stating  my  objections  more  particularly. 

But,  sir,  I  have  to  say  of  the  vote  that  I  cast  for  the  Constitution,  and, 
as  regards  the  elective  franchise, — more  particularly  of  that  clause  which 
elevates  the  negro  race  to  the  privilege  of  the  ballot, — that  I  am  not 
ashamed  of  that  vote.  I  am  not  ashamed  of  the  principle  which 
prompts  it.  I  am  not  ashamed  of  it,  for  the  reason  given  by  my 
friends  on  the  opposite  side  of  the  house.  They  have  assigned,  as  a 
prominent  reason  for  their  opposition  to  the  enfranchisement  of  the 
negro,  that  his  race  is  not  equal  with  our  own.  That,  sir,  is  one  of  the 
prominent  reasons  in  my  mind  for  supporting  the  measure.  If  they 
are  a  weak  race — which  I  admit, — not  equal  with  us,  and,  indeed,  incapa- 
ble of  ever  being  rendered  our  equals,  I  hold  that  to  constitute  one  of  the 
strongest  reasons  under  heaven  why  we  should  give  them  the  ballot.  For 
the  party  opposed  to  the  majority  of  this  Convention  have  shown  a  dis- 
position to  withhold  from  the  negro  his  rights.  You  need  not  tell  me  that 
under  these  circumstances  the  negro  has  no  need  of  the  ballot,  for  the  pro- 
tection of  his  rights — that  I,  who  am  strong,  if  you  please,  need  the  ballot, 
and  he,  who  is  weak,  needs  not  its  protection.  I  know  better.  I  am  told 
that  because  I  favor  afibrding  to  the  negro  the  protection  of  the  ballot,  I 
am  in  favor  of  the  social  equality  of  the  races.  I  challenge  the  world  to 
show  a  single  instance  where  an  act  or  a  word  of  mine  has  ever  been  to 
that  eflect.  I  have  often  said  that  the  best  policy  for  the  two  races  would 
be  a  separation,  and  a  colonization  of  the  black  race,  for  the  reason  that 
the  black  man  is  not  equal  to  us  or  able  to  compete  with  us;  and  as  such 
(  676  ) 


Feb.  lltb.]  AEKA^SAS  COXSTITrTIOXAL  COyVEyilOX.  [27rh  Day. 


The  Constitution.— EOrXSAVILLE—SA^IS—SAEBEE. 


he  would  be  better  situated  in  a  country  of  his  own.  I  speak  conscien- 
tiously, and.  as  I  would  anywhere  else.  ex]_3ress  rny  sympathies,  without 
restraint,  on  so  momentous  a  qtiestion.  I  repeat,  then,  that  the  prominent 
reason  given  by  the  opponents  of  the  proposed  Constitution,  against  the 
disfranchisement  of  the  negro,  is  my  reason  for  his  enfranchisement.  That 
weakness,  in  conjunction  with  his  past  services,  and  with  the  efforts  he 
has  made  to, place  our  Government  on  a  basis  of  something  like  dura- 
bility, should,  in  my  opinion,  constitute  a  claim  upon  our  attention  and 
entitle  him  to  all  the  protection  which  it  is  in  our  power  to  afford  him.  I 
do  hope — I  do  hope — that  instead  of  the  bickering  that  has  too  much 
characterized  the  course  of  debate,  here,  as  of  action  elsewhere,  on  the 
part  of  the  two  opposing  parties,  we  will  now  let  that  pass  by,  and  that  as 
we  go  along  we  will  learn  more  of  one  another,  learn  to  think  better  of 
each  other,  and  learn  to  admire,  with  cordial  unanimity,  that  Government 
which,  as  I  believe,  has  been  the  best  government  on  earth.    I  vote  Aye. 

Mr.  Eor:N-SAViLLE  subsequently  sent  to  the  Secretary's  desk  the  follow- 
ing explanation  of  his  vote,  which  he  asked  to  have  spread  upon  the 
Journal : 

I  am  in  favor  of  three  Justices  of  the  Supreme  Court,  instead  of  five.  I  am 
also  opposed  to  disfranchisiug  any  person  bnt  those  who  were  disfranchised  by 
Congress,  and  those  who  are  disfranchised  in  other  States  and  come  here. 

I  am  opposed  to  any  other  party  than  that  instituted  by  the  General  Gov- 
ernment. ^ 

I  am  in  favor  of  striking  Section  Xight  (8)  out  of  the  Article  on  Franchise. 

I  am  in  favor  of  levying  a  poll-tax. 

EorxsAviLLE.  of  Yell. 

Mr.  SAMS,  in  explanation  of  his  vote,  sent  to  the  Secretary's  desk  the 
following  paper  :  which  he  asked  to  have  spread  upon  the  Journal : 

I  vote  for  the  Constitution  as  a  whole,  but  explain  said  vote  as  follows,  to 
wit : 

I  am  opposed  to  Section  25  in  Article  Six.  believing  the  General  Assembly 
should  consider  the  interest  of  the  State  in  preference  to  the  promotion  of  indi- 
viduals. Also  Section  3,  Article  7,  believing  the  Supreme  Judges  sufficient  to 
transact  the  business  in  the  Supreme  Court  for  many  years  to  come. 

I  am  also  opposed  to  the  proposed  apportionment,  believing  each  county 
should  be  allowed  at  least  one  member  in  the  House  of  Eepresentatives.  and 
in  case  of  excesses,  then  a  member  at  large,  for  the  Senatorial  district  in  which 
such  excesses  exist,  should  be  chosen. 

Sams,  of  AJadison. 

Mr.  SAEBEE  \^when  his  name  was  called)  said  :  In  voting  for  this  Con- 
stitution I  do  not  deem  it  necessary  to  either  apologize  or  explain  my 
vote.    I  was  sent  here  to  frame  a  Constitution  that  would  guarantee  equal 

(  677  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


The  Constitution.— SAKBER— SCOTT— SHOPPACH— SIMS. 


rights  to  all  loyal,  law-abiding  citizens ;  and  althougli  I  might  say  that  in 
some  of  its  details  it^is  not  all  my  fancy  wished  it,  yet  I  would  be  loath  to 
arrogate  to  myself  the  privilege  of  setting  my  ipse  dixit,  or  my  personal^ 
preferences,  against  the  wisdom  and  judgment  of  the  members  of  the 
various  committees,  believing  they  were  actuated  by  patriotism,  and  a 
sincere  desire  for  the  well-being  and  prosperity  of  the  State :  and,  hon- 
estly believing  that  in  casting  my  vote  for  this  Constitution  I  am  voting 
peace,  harmony,  and  prosperity,  for  our  bankrupt  State  and  impoverished 
people,  and  that  I  am  conscientiously  fulfilling  the  trust  confided  to  me 
by  my  constituents  as  far  as  I  can  do,  I  do  not  hesitate  to  record  my 
vote  Aye. 

Mr.  SCOTT  (when  his  name  was  called)  said:  I  vote  Aye.  I  entertain 
a  slight  objection,  a  statement  of  which  I  send  to  the  desk, 

Mr.  Scott  sent  to  the  Secretary's  desk  the  following  explanation  of  his 
vote ;  which  he  asked  to  have  spread  upon  the  Journal : 

I  am  opposed  to  the  suffrage  clause  in  so  far  as  it  goes  beyond  the  Eecon- 
struction  Act ;  but  as  a  whole,  I  vote  Yea. 

Scott. 

,  Mr.  SHOPPACH  (when  his  name  was  called)  said :  I  vote  l^o ;  and 
wish  my  explanation  to  be  placed  upon  the  Journal. 

Mr.  Shoppach  sent  to  the  Secretary's  desk  the  following  explanation 
of  his  vote  :  * 

I  vote  Nay,  for  this  reason,  with  many  others,  viz. :  This  Constitution  pro- 
poses to  disfranchise  a  large  portion  of  the  citizens  of  the  State,  and  enfranchise 
a  class  who  are  not  recognized  as  citizens  by  the  Constitution  of  the  United 
States. 

Jas.  H.  Shoppach,  of  Saline  County. 

Mr.  SIMS  (when  his  name  was  called)  sent  to  the  Secretary's  desk  the 
following  explanation  of  his  vote;  which  he  asked  to  have  spread  upon 
the  Journal : 

I  vote  Yea.  Like  many  other  gentlemen  here,  I  had  certain  views  of  my 
own  regarding  the  various  parts  of  this  Constitution.  Of  course  it  does  not 
in  every  respect  agree  with  my  fancies  or  prejudices;  but,  taking  it  as  a  whole, 
I  believe  it  will  compare  generally  with  the  organic  law  of  any  of  the  other 
States,  and  I  know  it  is  a  better  Constitution  than  ever  this  State  had  before. 
Eegarding  the  Judiciary  I  would  say  that,  as  it  is  provided  that  the  Supreme 
Court  shall  be  held  at  four  places  in  the  State,  I  was  of  the  opinion  that  five 
judges  were  not  more  than  the  increased  labor  required.  In  the  matter  of 
franchise,  I  favored  the  doctrine  commonly  known  as  "  universal  suffrage  and 
universal  amnesty;"  but,  after  an  examination  of  all  the  circumstances,  I 
(  678  ) 


Teh.  11th.]  ARKANSAS  COXSTITniOXAL  COXTEXTIOX.  [27th  Day. 


The  Constitution. -S3IITH-SXYDEE— BRADLEY. 


beh'eve  the  Constitution  presented  confers  the  right  of  suffrage  on  all  to  whom 
it  would  be  safe  to  give  it. 

In  conclusion.  I  wotild  say  that  I  feel  assured  that  my  constituents,  both 
white  and  black,  will  approve  of  my  action  here  as  a  delegate  to  this  Conven- 
tion. 

SiMS;  of  Desha  County. 

Mr.  SMITH  fwlien  his  name  was  called)  said  :  1.  too.  might  urge  some ' 
objections  to  the  Constitution.    It  does  not.  in  all  its  details,  exactly  meet 
my  views.    But  yet.  inasmuch  as  it  is  so  much  better  than  anything  that 
v^e  ever  had  in  the  State,  and  inasmuch  as  it  rests  upon  the  broad  basis 
of  the  rights  of  all  men.  I  vote  Aye. 

Mr.  SXYDER  (when  his  name  was  called)  said:  I  feel  under  no  neces-- 
sity  of  explaining  my  vote.  I  would  say,  however,  that  if  my  individual  pref- 
erences Avere  alone  to  be  consulted.  I  might  object  to  some  of  the  details 
of  the  Constitution.  But  as  I  believe  it  to  be  the  result  of  the  combined 
labors  of  earnest,  honest,  and  patriotic  men,  and  superior  to,  and  far  in 
advance  of,  anything  with  which  the  people  of  this  State  have  ever  been 
blessed,  I  shall  not  only  vote  for  it,  but  I  shall  endeavor  to  contribute  my 
humble  efforts  toward  adving  it  vitality  and  permanency,  as  the  organic 
laAv  of  this  State.  It  has  been  denounced,  by  gentlemen  here,  as  a  "  damna- 
ble instrument  of  oppression,"'  and  gentlemen  have  desired  to  record  their 
votes  against  it,  upon  that  ground.  If  I  thought  this,  sir.  I  should  be  far 
from  giving  the  Constitution  my  approval.  For  I  well  remember  the 
galling  effects  of  an  instrument  promulgated  from  this  hall  in  '"61.  which 
was  thrust  upon  me.  and  upon  the  loyal  people  of  this  State,  with  bayo- 
nets,— without  our  ever  having  been  consulted,  at  the  ballot-box,  as  to 
whether  we  would  or  would  not  be  governed  by  it:  and  in  connec- 
tion with  that  bastard  instrument,  a  despotism  was  established  here, 
in  our  midst,  subverting  by  force  of  arms  all  lawful  authority, — which 
caused  patriotism  and  humanity  to  pale  and  tremble,  our  wives  and  chil- 
dren to  hide  in  terror,  and  decency  and  love  of  liberty  to  seek  the  moun- 
tain gorges  for  safety.  T\'^ith  this  dark  and  bloody  tyranny  yet  fresh  in 
my  memory,  I  could  not,  and  would  not,  vote  for  an  instrument  which  I 
conceived  to  partake,  in  the  least  degree,  of  the  character  which  gentle- 
men on  the  other  side  of  the  hall  have  attributed  to  the  Constitution  now 
before  us.  I  believe,  sir,  that  all  who  know  me  will  accord  to  me  a  spirit 
of  charity  and  kindness  for  my  fellow-mortals:  and  I  desire  the  proscrip- 
tion or  oppression  of  no  man.  But  there  is  a  point  beyond  Avbich  for- 
bearance ceases  to  be  a  virtue:  and  as  Scripture  has  been  freely  quoted 
upon  this  Hoor,  I  would  say  that  men  should  not  always  --'cast  their  pearls 
before  swine."' 

Mr.  BRADLEY.   I  arise  in  defence  of  the  Scripture.    That  is  not  a 
Scriptural  quotation,  [Laughter.] 

(  679  ) 


1868.] 


DEBATES  AND  PEOOEEDmGS  OF  THE  [Tuesday, 


The  Constitution.— SNYDEK— BRADLEY— VAN  HOOK— WALKER. 


Mr.  Sl^YDEK.  I  have  not  violated  the  sense  of  the  Scripture ;  my  quo- 
tation is  sound. 

Mr.  BRADLEY.  "  Give  not  that  which  is  holy  unto  the  dogs,  neither 
cast  ye  your  pearls  before  swine." 

Mr.  SIS'YDER.  I  do  not  wish  to  be  disturbed  in  my  short  explanation. 

It  has  been  said  that  gentlemen  should  be  ashamed  to  vote  for  negro 
suffrage.  I  would  say  that,  upon  the  floor  of  this  hall,  in  1865,  I  moved 
the  adoption  of  a  resolution  for  the  ratification  of  the  Constitutional 
Amendment  declaring  the  black  man  free.  At  that  time  I  was  hissed, 
and  twitted,  from  that  lobby  and  gallery,  with  the  remark,  that  I  would 
•  see  the  day  when  I  and  my  posterity  would  blush  for  the  act  I  had  that 
day  performed.  But  I  thank  God  I  have  not  yet  had  cause  to  be  ashamed 
of  that  act.  On  the  contrary,  I  feel  proud  that  I  then  contributed  my 
humble  aid  to  the  cause  of  humanity.  I  know  gentlemen  will  cry  out, 
"Shame I"  But,  sir,  let  them  cry;  the  spirit  of  progress  is  abroad  in  the 
world  ;  and  men  who  ride  in  the  car  of  conservatism,  will,  in  future  years, 
be  the  ones  whose  cheeks  will  burn  with  shame,  when  they  see  themselves 
and  their  barbarous  theories  demolished  by  the  mighty  tide  of  enlight- 
ened sentiment  which  is  now  sweeping  down  from  the  luminous  heights 
of  civilization. 

MEMBERS  [171  their  seats.]    Time  is  up. 

Mr.  SISTYDER.  I  will  say,  Mr.  President,  that  gentlemen  here  have 
labored  honestly  and  patriotically,  so  far  as  I  know,  and  have  had  the 
good  of  the  State  and  of  the  people  at  heart,  in  what  they  have  done ;  and 
I  believe  there  is  a  principle  of  justice  pervading  the  Constitution,  which 
will  carry  it  on  triumphantly,  to  success.  I  believe,  sir,  the  people  of  this 
State  will  accept  it,  that  they  will  adopt  it,  that  it  will  become  the  organic 
law  of  the  State  of  Arkansas.    I  vote  Aye. 

Mr.  YAN  HOOK  (when  his  name  was  called)  said:  When,  on  the  18th 
of  February,^  1861,  I  deposited  my  ballot  against  secession,  I  thought  that 
the  noblest  deed  of  my  life.  I  have  looked  back  to  that  day  with  pride, 
ever  since.  During  four  years  of  darkness  and  strife,  I  perilled  my  life 
and  lost  my  fortune  in  vindication  of  the  old  flag — hunted  down,  and 
threatened  with  annihilation  because  I  was  a  Union  man.  I  was  elected 
to  this  Convention  as  a  Union  man;  and  came  up  to  make  a  constitution 
accejDtable  to  the  people,  such  a  one  as  they  and  I  could  reflect  on  with 
satisfaction,  hereafter.  I  am  sorry — I  do  regret — to  say,  that  I  honestly 
differ  from  those  who  regard  this  Constitution  as  protecting  the  interests 
of  the  people.  With  all  due  deference  to  the  opinions  of  others,  I  must 
say  it  does  appear  to  me  that  the  interests  of  the  masses  have  been  ignored 
in  some  respects.    With  much  regret,  I  vote  ISTo.  [Applause  on  the  left.] 

Mr.  WALKER  (when  his  name  was  called)  said  :  Were  I  to  enumerate 
all  the  objectionable  features  in  that  instrument,  I  should  consume  all  the 
(  680  ) 


Feb.  11th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [27th  Day. 


The  Constitution.— TTALKEE—WILSOiN'. 


rest  of  the  night — it  is  ah^eacly  too  far  spent.  I  do  not  feel  that  any  expla- 
nation of  my  vote  is  necessary — not,  at  least,  to  this  body.  My  constitu- 
ents will  demand  no  explanation  from  me,  why  I  yoted  against  that  Con- 
stitution ;  for  I  consider  it  such  a  thing  as  no  respectable  white  man  could 
vote  for.    I  shall  therefore  yote  Xo.  [Applause  on  the  left.] 

[Mr.  TTalker  subsequently  appended  his  name  to  the  explanation  filed 
by  Mr.  Gaxtt,  and  which  was  spread  upon  the  Journal.] 

Mr.  WILSOX  (when  his  name  was  called)  said  :  In  the  course  of  the 
debates  and  discussions  of  the  Conyention,  the  Sacred  Book  has  been  fre- 
quently referred  to.  My  mind  has  been  directed  to  a  matter  of  history 
there  recorded,  in  the  story  of  the  children  of  Israel,  passing  out  of  their 
Eg}q3tian  bondage,  and  crossing  the  Red  Sea,  and  singing  the  song  of 
triumphant  thanksgiying  to  their  G-reat  Deliverer.  But,  as  we  go  on  with 
them  a  little  further,  a  dark  picture  presents  itself.  Moses  had  an  Ethi- 
opian along  with  him;  and  his  sister  Miriam  murmured,  and  made  a  great 
fuss  about  it ;  and  unfortunately  for  that  poor  woman,  so  nice-tasted,  who 
couldn't  bear  a  darkey  in  the  camp,  she  was  smitten  with  leprosy. 
[Laughter.]    Moses  had  to  pray  to  God,  and  the  leprosy  was  healed. 

We  have  just  passed  through  a  sea  of  blood,  that  flowed  from  Sharps- 
burg  to  Arizona:  and  when  Lee  and  Johnson  and  Smith  surrendered  their 
swords,  we,  and  all  the  Union  men  of  the  country,  were  ready  to  sing, 
politically,  the  song  of  triumph  and  thanksgiving  that  was  raised  by  the 
chiklren  of  Israel  over  their  deliverance.  T\"e  marched  ofi:',  expecting 
quickly  and  honorably  to  find  again  our  place  under  the  stars  and  stripes. 
But  there  is  a  murmuring  in  the  camp — there  is  a  darkey  along  I  [Laugh- 
ter.] Gentlemen,  I  was  elected  to  this  position  by  the  negroes;  and  I 
came  here  promising  them,  and  the  white  people,  that  the  darkeys  should 
have  their  vote,  if  I  could  help  get  it  for  them  in  the  Constitution.  I 
am  not  afraid  of  the  leprosy,  myself;  but  I  am  afraid  some  persons  will  have 
to  have  the  leprosy  healed  on  them,  yet.  [Eenewed  laughter.] 

I  believe  I  am  the  most  humble  man  here,  except  one  or  two.  I  came 
here  with  extremely  honest  purposes,  to  eSect  some  good  for  my  country, 
and  to  get  a  constitution  republican  in  form,  and  in  the  hopes  that  we 
might  pass  over  Jordan.  But  it  is  a  hard  road  to  travel,  to  get  into  the 
Promised  Land.  [Laughter.]  Gentlemen,  we  are  not  yet  over.  I  agree 
wiih  my  friend  from  Ashley  [Mr.  Xormax],  that  if  it  had  not  been  for  the 
negro,  we  would  have  been  the  most  beautifully  reconstructed  State  that 
could  be  desired.  It  is  also  true  that  but  for  the  negro  we  would  never 
have  been  f/e-structed.  [Laughter  and  applause.]  The  blacks  were  sunk 
in  seemingly  hopeless  slavery.  They  had  to  be  plucked  up.  They  are 
plucked  up;  and  thank  God  for  it  I  "  It  was  the  negro  that  brought  a 
bloody  war  among  us, — that  brought  us,  and  has  kept  us,  in  this  disor- 


(  681  ) 


1868.] 


DEBATES  AI^D  PEOCEEDmGS  OF  THE 


[Tuesday, 


The  Constitution.— WILSON— WHITE. 


ganized  condition.  And  I,  for  one,  have  not  been  willing  to  grumble 
about  Moses'  Ethiopian  wife. 

But  I  have  now  to  say  that  there  are  objectionable  features  in  the  Con- 
stitution which  has  been  submitted — that  I  cannot  but  regard  it  as  objec- 
tionable in  the  main.  The  objections  which  I  would  have  raised  have 
already  been  raised  by  others.  But  the  Schedule  I  cannot  subscribe  to, 
from  the  fact  that,  in  my  opinion,  every  man  who  is  to  vote  at  the  elec- 
tion of  next  March,  as  in  this  Schedule  proposed  to  be  held  for  members 
of  the  Legislature,  has  to  vote  in  direct  violation  of  the  oath  administered 
to  every  man  who  registered  and  cast  his  vote  for  reconstruction,  or  this 
Convention.  All  such  men  are  sworn  to  support  the  Constitution  of  the 
United  States,  to  obey  the  laws,  and  to  encourage  others  so  to  do,  to  the 
best  of  their  ability,  "  so  help  them  Grod;"  and,  in  my  judgment,  the  con- 
ditions imposed  upon  voters  in  the  coming  election,  are  in  direct  violation 
of  the  law. 

Mr.  MOORE  [in  his  seat.^    You  are  right. 
Mr.  BE  ASHE  AR  [m  his  seat']    Come  to  time  ! 

Mr.  WILSOK  Is  the  time  out?— I  vote  'No.  [Applause  on  the  left.] 
Mr.  WHITE  (when  his  name  was  called)  said :  I  vote  Aye,  for  this 
reason.  My  race  having  waited  with  patience,  and  endured  the  afflictions 
of  slavery  of  the  most  inhuman  kind,  for  two  hundred  and  fifty  years,  to- 
day I  find  a  majority  of  a  Constitutional  Convention,  that  is  willing  to 
confer  upon  me  what  God  intended  that  I  should  have.  I  contend,  friends, 
that  the  elective  franchise  is  a  God-given  right,  which  comes  to  every  man 
born  into  the  world — be  he  black  or  white,  green  or  gray,  little  or  big,  it 
is  his  right.  I  desire  the  elective  franchise  for  another  reason.  The 
colored  people  of  these  Southern  States  have  cast  their  lot  with  the  Govern- 
ment, with  the  great  Republican  Party  that  succeeded  in  putting  down  the 
rebellion.  They  cast  their  lot  with  that  party,  fought  with  that  party,  and 
died  with  that  party;  and  they  have,  in  consequence,  incurred  the  hatred  of 
the  entire  Southern  people,  the  Union  men  excepted.  So  the  ballot  is  our 
only  means  of  protection,  friends.  If  you  have  brought  us  thus  far,  if  you 
have  brought  our  wives  and  families  thus  far,  will  you  stop  here  ?  We  are 
between  the  upper  and  lower  millstone,  and  shall  be  crushed  by  the  preju- 
dice that  we  perceive  exhibited  in  this  hall.  I  remember  that  the  gentleman 
from  Bradley  County  [Mr.  Bradley]  said,  in  this  hall,  "  as  loud  as  seven 
thunders,"  almost,  that  he  was  willing  the  negro  should  be  tried  by  a  jury 
of  his  peers.  And  I  hear  him  say,  to-night,  he  is  not  willing  that  the 
negro  shall  have  any  rights!  How  are  we  to  live,  unless  we  are  to  have  a 
power  that  will  shove  base  men  from  the  offices  of  the  State?  I  thank 
God,  to-day,  that  I  may  cast  my  vote  with  a  Convention  willing  to  accord 
equal  rights  to  all. 

As  regards  the  franchise,  I  am  exceedingly  gratified  to  see  the  position 
(  682  ) 


Feb.  11th.]  AEKANSAS  CONSTITUTIO]^AL  CONyENTIO^^".  [27th  Day. 


The  Constitution.— WHITE— WILLIAMS— WEIGHT— WYATT— BELL. 


that  has  been  taken.  Sir,  I  have  been  studying  the  question,  and  I  knew 
there  were  a  set  of  men,  in  this  country,  that  ought  to  have  their  heads 
cut  off.  And  from  this  night,  the  man  that  opposes  reconstruction  is 
politically  dead  forever  !  [Applause.] 

These  are  the  great  reasons  why  I  vote  for  the  Constitution.  Another 
reason  why  I  shall  vote,  and  why  if  I  had  ten  thousand  votes  I  would  give 
them  all  for  the  Constitution,  is,  that  I  see  in  it  a  principle  that  is  intended 
to  elevate  our  families — the  principle  of  schools — of  education.  That  is 
the  only  way  that  these  Southern  people  can  be  elevated.  Were  they 
properly  educated  they  would  not  be  led,  from  prejudice,  to  oppress  otlier 
men.  Were  they  educated,  they  would  not  hate  us  because  we  have  been 
slaves ;  but,  like  these  gentlemen,  if  they  would  puzzle  their  brains  and 
risk  their  lives  upon  the  battle-field,  for  the  Union,  they  would  stand  up 
for  our  rights.  Away  with  Union  men  that  will  not  give  all  men  their 
rights!  Talk  about  friendship!  Hell  is  full  of  such  friendship!  The 
Devil  has  such  friends  locked  ap,  and  hell  is  full  of  them  !  

Mr.  DUYALL.  I  call  the  gentleman  to  time. 

Mr.  WHITE.  I  vote  Aye. 

Mr.  BRADLEY  here  rose  to  a  question  of  privilege,  but  was  ruled  out 
of  order. 

Mr.  WILLIAMS  (when  his  name  was  called)  said  :  With  many  more,  I 
vote  for  the  first  republican  Constitution  ever  framed  in  this  State,  that 
the  people  have  had  an  opportunity  to  vote  upon.    I  vote  Aye. 

Mr.  WEIGrHT  (when  his  name  was  called)  said  :  I  suppose  it  will  be 
unnecessary  for  me  to  make  an  explanation.  I  have  been  quite  silent 
during  the  session.  I  look  upon  that  Constitution,  however,  as  being 
revolutionary  in  its  character,  destructive  of  the  State  of  Arkansas,  and 
calculated  only  to  subserve  political  ends.    I  shall  vote  'No. 

[Mr.  Wright  subsequently  appended  his  name  to  the  explanation  filed 
by  Mr.  G-antt,  and  which  was  spread  upon  the  Journal.] 

Mr.  WYATT  (when  his  name  was  called)  said :  Some  gentlemen  say 
no  decent  man  will  vote  for  that  Constitution.  I  am  as  decent  a  man  as 
there  is  here.    I  think  no  decent  man  will  vote  against  it.    I  vote  Aye. 

Before  the  vote  was  announced, 

Mr.  BELL  said:  I  made  no  explanation.    I  now  wish  to  hand  mine  in. 
Mr.  Bell  accordingly  sent  to  the  Secretary's  desk  the  following  ex- 
planation of  his  vote ;  which  he  asked  to  have  spread  upon  the  Journal : 

Mr.  President  :  As  explanations  are  in  order,  I  offer  the  following : 
I  regard  this  Constitution  as  a  compromise.    I  am  of  opinion  that  there  is 
not  a  member  of  this  Convention  who  would  not  make  some  change  or  alter- 
ation in  this  Constitution  if  he  had  the  power  to  do  so.   I  would,  myself,  prefer 

(  683  ) 


1868.] 


DEBATES  AND  PEOOEEDINGS  OF  THE 


[Tuesday, 


The  Constitution.— GANTT—WALKEK—HINKLE—BKOOKS. 


some  changes,  but  being  unable  to  make  tbem,  and  believing  that  other  mem- 
bers have  conceded  as  much  as  myself,  and  believing  that  this  Constitution,  in 
whole,  is  such  as  the  good  people  of  Arkansas  can  live,  flourish,  and  prosper 
under,  I  vote  Yea. 

Moses  Bell. 

Mr.  GrAIsTTT.  Mr.  Wright  desires  that  his  name  be  appended  to  the 
explanation  whicli  I  give  of  my  vote.    Also,  Mr.  Reynolds. 
Mr.  WALKER,  Please  put  my  name  there,  also. 

Mr.  HINKLE.  I  was  stopped  a  minute  before  my  time  was  out.  Would 
you  permit  me  to  add  a  word?  [Cries  of  "Leave,"  and  of  "No."] 

Mr.  BROOKS.  I  ask  that  the  gentleman  may  have  leave  to  present  the 
remarks  in  writing. 

The  PRESIDeStT.  There  will  be  no  objection  to  the  gentleman  [Mr. 
Hinkle]  placing  in  writing  any  remarks  whicli  he  may  desire  to  submit, 
and  taking  time  to  place  them  in  form,  if  that  will  be  agreeable  to  him. 

[The  written  explanation  of  Mr.  'Hinkle,  subsequently  submitted,  is 
appended  to  the  report  of  his  verbal  explanation,  on  page  670.] 

The  vote  was  then  announced  as  above. 

The  PRESIDED  stating:  The  Ayes  have  it.  The  Constitution,  its 
Schedule,  and  Ordinance,  are  adopted. 

[The  announcement  of  the  result  of  the  vote  was  received  with  loud 
applause  upon  the  floor,  and  vehement  and  prolonged  expressions  of  ap- 
probation from  the  spectators  in  the  lobbies  and  galleries.] 

[Mr.  KYLE  endeavored  to  obtain  the  floor,  for  the  purpose  of  moving 
an  adjournment.] 

Mr.  BROOKS  obtained  the  floor,  and  said:  I  move  that  the  vote  by 
which  the  Convention  has  adopted  the  Constitution,  its  Schedule,  and  Or- 
dinance, be  reconsidered ;  and  move  that  that  motion  lie  upon  the  table. 

Mr.  MOORE  asked  for  the  yeas  and  nays. 

Mr.  BROOKS.  I  have  no  objection. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
46,  I^ays  20,  as  follows : 

Yeas:  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gray  of  JeflPerson,  Grey  of  Phillips,  Harrison,  Hatfield,  Hawkins,  Hinds, 
Hodges  of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mahory, 
Mason,  Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  OUver,  Poole,  Priddy, 
Rawlings,  Rector,  Eonnsaville,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Sny- 
der, Yan  Hook,  Wilson,  White,  Williams,  Wyatt,  and  the  President— 46. 

]^AYS  :  Messrs.  Adams,  Beasley,  Bradley,  Corbell,  Cypert,  Duvall,  Gantt, 
(  684  ) 


Feb.  nth.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [27th  Day, 


The  Constitution.— YA^  HOOK— HI]N"DS— CTPEET— BEOOKS. 


Hicks,  Hinkle,  Hoge,  lEatthews,  McCown,  Moore,  Xorman,  Portis,  Puntney, 
Pveynolds,  Shoppach,  Walker,  and  Wright — 20. 

Absent  and  not  voting;  Messrs.  Allen,  Gray  of  TVoodruflf,  Hodges  of  Crit- 
tenden,"^^ Hollis.f  Kelly,  Merrick,  Owen,  Pickett,  and  Eatcliffe. 

So  the  motion  to  reconsider  the  vote  whereby  the  Constitution,  its 
Schedule  and  Ordinance,  were  adopted,  was  laid  upon  the  table. 

Pending  the  call  of  the  roll : 

Mr.  MOOEE  said  :  I  move  a  call  of  the  house. 

The  PEESIDEXT.  There  is  evidently  a  quorum  present. 

Mr.  YAN  HOOK  (when  his  name  was  called)  said:  I  vote  Aye;  be- 
cause I  think  that  by  our  reconsidering  the  vote  we  may  be  able  to  knock 
off,  from  the  Constitution  as  presented,  some  excrescences,  and  I  may 
thus  have  an  opportunity  to  vote  for  its  adoption. 

The  vote  was  then  announced  as  above. 

Mr.  HIXDS.  I  move  that  seventy -five  thousand  copies  of  the  Constitu- 
tion be  printed,  for  the  use  of  the  Convention. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

Mr.  CYPEET  remarked :  I  have  had  a  little  experience  in  revolution- 
ary movements.  Six  years  ago,  I  heard  just  such  a  clamor,  from  those 
galleries,  as  I  heard  awhile  ago.    It  shocked  me  then — it  shocks  me  now. 

Mr.  BEOOKS.  I  am  sorry  for  the  gentleman's  nerves;  but  I  think  he 
will  feel  better,  pretty  shortly.  [Laughter.] 

Mr.  SAEBEE.  I  move  that  the  Convention  now  adjourn  to  eleven 
o'clock. 

Mr.  COATES.  I  move  to  amend,  by  substituting  three  o'clock,  of  the 
afternoon. 

The  amendment  was  accepted,  and. 

The  question  being  taken,  the  motion  was  agreed  to ; 
And  thereupon  at  1.40,  a.m.,  of  Tuesday,  February  11th,  the  Convention 
adjourned  to  3,  p.m.,  of  the  same  day. 


*  Excused.  f  Sick. 


(  685  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Expenses  of  the  Convention — Pa}'-  of  Members  and  Officers. 


TWENTY-EIGHTH  DAY. 

Tuesday,  February  11th,  1868. 

Convention  met,  pursuant  to  adjournment,  at  3,  p.m. 
Prayer  was  offered  by  the  Chaplain. 

The  roll  was  called;  and  a  quorum  of  the  members  of  the  Convention 
answered  to  their  names. 

EXPENSES  OF  THE  CONVENTION — PAY  OF  MEMBERS  AND  OFFICERS — AGAIN. 

The  PRESIDENT,  Before  the  Convention  proceeds  to  business,  the 
Chair  desires  to  lay  before  it  a  communication,  of  some  importance,  re- 
ceived from  Headquarters  Fourth  Military  District. 

The  following  communication  was  then  read : 

Headquarters  Fourth  Military  District, 
(Mississippi  and  Arkansas) 
ViCKSBURG,  Mississippi,  February  1st,  1868. 

Honorable  Thomas  M.  Bowen, 

President  Arkansas  Constitutional  Convention,  Little  Eock,  Arkansas, — 

Sir  :  I  am  directed  by  the  Brevet  Major-General  commanding  the  District 
to  acknowledge  the  receipt  of  your  communication  of  the  27th  ult.,  with  the  en- 
closures therein  enumerated,  from  the  hands  of  your  messenger,  Honorable  Asa 
Hodges,  and  in  reply  thereto  to  say,  that  the  Ordinances  entitled  "An  Ordinance 
raising  revenue  for  the  purpose  of  defraying  the  expenses  of  the  Constitutional 
Convention,"  and  "  An  Ordinance  providing  for  the  per  diem  and  mileage  of  the 
members,  and  the  per  diem  of  the  oflScers  of  the  Constitutional  Convention  of 
the  State  of  Arkansas,"  are,  in  his  opinion,  in  conformity  with  the  Eeconstruc- 
tion  Laws. 

Eeferring  to  the  Ordinance  providing  and  making  appropriation  for  the  per 
diem  and  mileage  of  members  of  the  Constitutional  Convention,  the  General 
commanding  District  has  to  inform  you  that  the  Hon.  Treasurer  of  the  State 
has  been  instructed  to  pay  accounts  to  the  amount  of  fifty  thousand  dollars 
($50,000.00),  in  the  manner  therein  provided,  from  funds  to  be  obtained  by  sale 
of  United  States  bonds,  now  deposited  to  the  credit  of  the  State  of  Arkansas  in 
the  United  States  Treasury  at  Washington,  D.  C. 

I  am,  sir. 

Very  respectfully, 

Your  obed't  serv't, 

Jno.  Tyler, 

Brevet  Major  TT.  S.  A.,  Acting  Assistant  Adjutant  General. 

The  PRESIDENT  added:  The  Chair  will  state  that  the  Merchants' 
(  686  ) 


Feh.  11th.]  AEKAXSAS  COXSTITrTIOXAL  CQSYESTIOS.  [2Sth  Dar. 


Expenses  of  Convenri -n— Par  of  Members  and  Omcers.— HODG-ES  of  Pulaski— CYPEET. 


National  Bank,  of  this  City,  proposes  to  advance,  without  anv  charge, 
two-thirds  of  the  amount  due  to  members,  in  m'^'uey  :  and  on  the  remain- 
ing one-third,  will  accept  any  orders  which  gentlemen  may  draw  upon  the 
Bank  for  the  payment  of  any  bills  ;  so  that,  substantially,  it  will  be  the 
same  as  if  the  members  received  all  the  money  at  once.  The  Bank  charges 
nothing,  but  will  pay  dollar  for  dollar,  and  will  wait,  for  their  money, 
nntil  the  proceeds  of  the  bonds  shal]  arrive  here.  It  is  simply  a  matter  of 
accommodation  :  and  the  President  of  the  Bank  wishes  it  distinctly  under- 
stood that  no  percentage  will  be  charged. 

After  some  incjuiry,  from  Mr.  Hixele,  which  elicited,  from  the  Presi- 
dent, further  explanation. 

Mr.  HODGES,  of  Pulaski,  said:  Appreciating  our  condition,  a  few  of 
us  have  called  upon  the  President  of  the  Bank  [INIr.  Alexander  McP ox- 
all],  asking  if  he  could  not  do  sometliing  for  us.  He  knows  how  much 
money  he  has  on  hand  and  can  spare,  and  to  what  extent  he  is  willing  to 
accommodate  us  ;  and  he  has  informed  us  that  he  is  willins:  to  pay  an 
advance  of  two-thirds,  out  of  the  funds  of  the  Bank,  and  wait,  for  the 
pay,  until  the  proceeds  of  the  bonds  sold  shall  arrive  here.  It  would  not 
be  convenient  to  the  Bank  to  advance,  from  its  own  funds,  at  the  present 
time,  more  than  two-thirds  of  the  amount  due  each  one  of  us. 

Air.  HICKS.  VThat  about  the  exp>enses  of  the  Convention  ': 

The  PRESIDENT.  The  Chair  does  not  understand  that  the  Bank  pro- 
poses to  pay  the  expenses  of  the  Convention. 

After  further  explanation,  from  Mr.  HODGES,  of  Pulaski, 

Mr.  CTPERT  said :  I  understand,  fully,  the  nature  of  the  accommoda- 
tion offered  :  and  I  appreciate  it.  I  understand  that  the  money  is  not 
here  :  and  the  Banker  proposes,  for  the  purpose  of  accommodating  the 
members  of  the  Convention,  to  advance  them,  upon  their  certificates,  two- 
thirds  of  the  amount  for  which  the  certiticates  call,  and  will  assume,  to 
the  extent  of  the  remaining  one-third,  any  bills  due,  from  members,  in 
the  City. 

The  PRESIDENT  further  illustrated  the  nature  of  the  accommodation 
off'ered.  when 

Mr.  CYPERT  said:  I  propose  that  each  member  who  has  drawn  his 
certiffcate.  furnish  j.t  to  the  Secretary,  and  let  it  be  so  modified  that  drafts 
may  be  drawn  in  the  manner  indicated  by  the  banker — two-thirds  and 
ODe-third. 

The  PRESII>E]ST.  That  is.  in  the  opinion  of  the  Chair,  the  proper 
course. 

Mr.  Hl>I>GES,  of  Pulaski.  I  was  just  now  talking  with  the  Auditor; 
and  he  says  he  cannot  himself  divide  the  certihcate,  but  if  the  Secretary  will 

(  657  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Expenses  of  Convention— Pay  of  Members  and  Officers.— CYPEKT— HUTCHINSON. 


issue  them  in  the  way  suggested  by  the  gentleman  from  White  [Mr.  Cy- 
peet],  he  will  issue  his  warrant,  and  the  Treasurer  will  endorse  the  war- 
rants in  the  manner  requisite  to  enable  members  to  obtain  the  accommo- 
dation offered. 

The  PRESIDE^TT.  An  additional  reason  exists  for  some  such  arrange- 
ment. Many  members  have  drawn  their  certificates  to  include  to-day 
only,  and  the  Convention  will,  as  the  Chair  understands,  scarcely  adjourn 
to-day. 

Mr.  CYPERT.  The  certificates  are  filled  for  to-morrow. 

The  PEESIDEITT.  The  Convention  may  possibly  not  adjourn  until  to- 
morrow. Does  the  gentleman  [Mr.  Cypert]  make  his  proposition  a  mo- 
tion, in  order  to  take  the  sense  of  the  Convention? 

Mr.  CYPERT.  Yes,  sir. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

Mr.  CYPERT.  I  will  now  move,  further,  that  we  tender  the  thanks  of 
the  Convention  to  the  President  of  the  Bank,  for  his  courtesy  and  kind- 
ness in  this  matter. 

The  question  was  taken ;  and  the  motion  was  unanimously  agreed  to. 

Mr.  HUTCHIjN'SOE'  moved  that  a  committee  of  three  be  appointed  to 
communicate  to  the  President  of  the  Bank  the  vote  of  thanks  passed  by 
the  Convention. 

The  question  was  taken;  and  the  motion  was  unanimously  agreed  to. 

The  PRESIDENT  announced,  as  such  Committee,  Messrs.  Hutchin- 
son, Cypert,  and  Dale. 

The  PRESIDENT.  Gentlemen  who  now  have  certificates,  will  hand 
them  in  to  the  Secretary;  and  as  thej^  are  handed  in,  the  minute  of  their 
issue  will  be  cancelled,  and  a  new  issue  of  certificates  made,  in  accordance 
with  the  action  of  the  Convention. 

Mr.  CYPERT  called  attention  to  the  case  of  a  gentleman  who  had, 
upon  certificate  drawn,  advanced,  to  a  Member,  who  had  left  the  Conven- 
tion, the  full  amount  due;  and  requested  that  the  certificate  might  remain 
unchanged,  and  the  gentleman  be  allowed  to  draw  the  full  amount  which 
he  had  advanced. 

The  PRESIDENT.  If  there  is  no  objection,  that  course  may  be  pur- 
sued. t> 

Mr.  GANTT.  Will  the  Bank  check  on  New  York  for  the  full  amount? 

The  PRESIDENT.  The  probability  is  that  the  Banker  would  make  an 
arran2:ement  of  that  kind. 


(  688  ) 


Feb.  11th.]  AEKANSAS  COIsTSTITUTIOl^AL  CONYENTIOX.  [28th  Day. 


Boundaries  of  Little  Eiver  County.— SIMS— BROOKS. 


Mr.  GANTT.  I  prefer  taking  a  certificate  in  whole,  because  I  cannot 
use  it,  with  the  Sheriff,  in  paying  taxes. 

The  PEESlDEisTT.  For  those  who  do  not  desire  to  carry  the  money  in 
their  pockets,  the  Chair  understands  that  the  Bank  is  prepared  to  give 
drafts  on  l^ew  York,  as  also  on  ISiew  Orleans,  and  Fort  Smith.  That  will  be 
optional.  Members  can  have  the  cash,  or  checks  on  banks  at  those  places. 

The  Chair  will  now  state  that  the  Secretaries  have  not  yet  had  time  to 
write  up  the  Journal;  and  the  Secretary  desires,  as  a  privilege,  a  little 
more  time.  The  Secretaries  have,  thus  far,  since  the  adjournment  of  this 
morning,  been  engaged  in  completing  the  record,  and  now  ask  till  to- 
morrow morning,  to  finish  it.  A  number  of  matters  probably  remain  to 
be  closed  up,  by  the  Convention. 

BOUNDARIES  OF  LITTLE  RIVER  COUNTY — AGAIN. 

Mr.  SIMS,  by  consent,  offered  the  following 

OEDINANCE: 

Be  it  Ordained  by  the  Constitutional  Convention  of  the  State  of  Arkansas  : 
Ist.  That  Little  Eiver  County  be,  and  the  same  is  hereby,  attached  to  the 
Sixth  Judicial  Circuit  of  this  State. 

2d.  That  Eocky  Comfort  be,  and  the  same  is  hereby,  declared  the  county- 
seat  of  said  County.  This  Ordinance  to  remain  in,  and  have,  fall  force  and 
effect,  until  otherwise  directed  by  the  General  Assembly  of  this  State. 

Which  was  read  the  first  time. 

[The  proposition  being  taken,  by  a  misunderstanding,  to  be  in  the  form 
of  a  resolution,  the  question  was  submitted  in  that  form,  and  the  resolu- 
tion was  declared  adopted. 

Mr.  BROOKS  calling  the  attention  of  the  Chair  to  the  fact  that  the 
proposition  was  submitted  in  the  form  of  an  ordinance,  and  the  Ordinance 
being  read  by  the  Secretary,] 

Mr.  BROOKS  expressed  the  hope  that  the  Convention  would  be  ena- 
bled to  proceed,  quietly  and  steadily,  to  the  task  of  rounding  up  its  busi- 
ness, without  the  haste  and  excitement  often  incident  to  the  close  of  the 
session  of  a  deliberative  body. 

The  PRESIDEi^T.  It  appearing  that  the  proposition  of  the  gentleman 
from  Little  River  [Mr.  Scott],  was  submitted  as  an  ordinance,  and  not  as 
a  resolution,  as  was  understood  upon  its  reading,  the  Ordinance  has  now 
been  read  a  first  time.  For  the  facilitation  of  business,  it  will  be  read  a 
second  time,  unless  there  shall  be  objection. 

]^o  objection  being  made. 

The  Ordinance  was  read  a  second  time. 

44  (  689  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Messenger  of  the  Convention.— CYPEET. 


Mr.  BROOKS  moved  that  the  rules  be  suspended,  that  the  Ordinance 
receive  a  third  reading,  and  be  placed  upon  its  final  passage. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

The  Ordinance  was  accordingly  read  a  third  time ;  and,  the  question 
being  upon  its  final  passage, 

Mr.  HICKS  moved  that  the  Orcjinance  be  amended,  by  striking  out  so 
much  as  related  to  the  selection  of  Rocky  Comfort  as  the  county-seat. 

The  motion  not  being  seconded, 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
51,  E'ays  7,  as  follows : 

Yeas  :  Messrs.  Beasley,  Belden,  Bell,  Bradley,  Brashear,  Brooks,  Coates, 
Corbell,  Dale,  Evans,  Exon,  Gray  of  Jefferson,  Grey  of  Phillips,  Harrison,  Hat- 
field, Hawkins,  Hinds,  HolUs,  Hodges  of  Crittenden,  Houghton,  Hutchinson, 
Johnson,  Kyle,  Langley,  Mallory,  Mason,  Misner,  Millsaps,  Montgomery,  Mur- 
phy, McCown,  McClure,  Ohver,  Priddy,  Puntney,  Eawlings,  Rector,  Eounsa- 
ville,  Sams,  Samuels,  Sarber,  Scott,  Sims,  Smith,  Snyder,  Van  Hook,  Wilson, 
White,  Williams,  Wyatt,  and  the  President — 51. 

JN'ays  :  Messrs.  Adams,  Cypert,  Duvall,  Hicks,  Reynolds,  Sboppach,  and 
Wright — 7. 

So  the  Ordinance  was  passed. 

Pending  the  call :  '  ^ 

Mr.  BROOKS  asked :  Is  there  a  quorum  present  ? 

Mr.  VAN"  HOOK.  The  members  are  here,  but  are  not  voting. 

Mr.  MONTGOMERY.  I  move  a  call  of  the  house. 

The  PRESIDENT.  It  is  apparent  that  a  quorum  is  present.  The  Chair 
is  inclined  to  the  opinion  that  under  those  circumstan(5es,  while  a  vote  is 
being  taken,  a  call  of  the  house  is  not  in  order. 

Mr.  MONTGOMERY  contended  that  a  call  of  the  house  was  in  order 
at  any  time;  but  he  not  insisting  upon  his  motion. 

The  vote  was  announced  as  above. 

MESSENGER  OF  THE  CONVENTION — AGAIN. 

No  petitions,  or  reports  of  Committees,  being  presented,  and 
Motions,  resolutions,  and  notices,  being  in  order, 
Mr.  CYPERT  offered  the  following  resolution: 

Resolved  :  That  Asa  Hodges  be  allowed  twenty  cents  per  mile  for  his  travel- 
ling expenses  as  messenger  for  this  Convention  to  Yicksburg. 

The  question  was  taken  ;  and  the  resolution  was  agreed  to. 
(  690  ) 


Feb.  11th.] --^-RE:-^^'?-^^  COXSTITUTIOXAL  CO^'TEXTIOX.  [2Sth  Day. 


Per  Diem  of  Delegate  from  Izard  Co.— AS 0 X— ^Ic  C  LU E  E— C  TP  E  E  T— H  U T  C  H I XS Oi^'. 


PEE  DIEM   OE  DELEC-ATE  EEOM  IZARD  COUNTY. 

Mr.  MAS  OX  olfered  the  following  resolution  : 

WJiereas :  'W.  "W.  Adaais.  a  member  of  this  Conventipn  from  Izard  County, 
was  led  to  believe,  from  the  ptiblication  of  the  names  of  the  delegates  in  the 
Arkansas  Pvepiiblican.  that  said  election  was  decided  against  him.  and  his  oppo- 
nent. Mr.  ToxET.  ^as  also  led  to  believe  that  he  was  the  member  elect  from 
said  Connty.  and  that  said  Ada3IS  did  not  receive  notice  of  his  election  tmtil 
the  20th  of  January,  and  that  bis  wife  was  so  sick  that  he  did  not  feel  safe  to 
leave  her.  so  that  he  eonld  get  here  at  an  earlier  day  than  the  8th  instant : 

Therefore.  Besolved :  That  W.  Adams  be  allowed  his  per  diem  the  same  as 
other  n: embers  of  this  Convention. 

Mr.  McCLUEE  objected.  He  said  the  Convention  had  ordered  that 
members  not  present  in  their  seats  at  the  roll-call  of  any  day.  should  not 
receive  their  pay  for  that  day.  He  protested  against  a  member  making 
his  appearance  in  the  Convention  one  day  before  the  vote  upon  the  Con- 
stitution, and  claiming  his  full  pay.  It  was  an  outrage  ;  and  the  man  who 
penned  the  resolution  knew  better  than  to  do  it. 

The  PEESIDEXT.  There  is  a  resolution  of  the  Convention,  providing 
that  members  absent  without  leave  shall  not  be  entitled  to  mileage. 

l\Ir.  CYPEET.  ITnless  excused  on  account  of  sickness. 

The  PEESIDEXT.  Yes,  sir. 

Mr.  CITPEET  said  he  understood  that  to  be  the  case  in  this  instance, 
and  had  made  the  suggestion  in  order  to  find  what  were  the  feelings  of 
the  members  generally.  It  would  be  remembered  that  a  publication  in 
the  Eepublican-''  had  led  Mr.  Toxey  to  believe  himself-  a  member  of  the 
Convention  :  he  came,  and  was  allowed  his  mileage.  The  same  publica- 
tion misled  Mr.  Adams  :  and  he  failed  to  learn  of  the  faet  that  he  was  as- 
signed a  seat,  until  about  January  20th  ;  after  which  time,  by  reason  of 
his  wife's  sickness,  he  was  unable  to  leave  his  home  earlier  than  he  did. 
It  was  thus  by  no  fault  of  his  that  he  did  not  appear  earlier.  Yo  objection 
had  been  offered  to  the  award  of  mileage  to  Mr.  Toxey,  who  came  to  the 
Convention  through  the  same  error,  and  by  no  fault  of  his.  Mr.  Adams 
did  not  know,  until  the  return  of  Mr.  Toxey,  of  the  fact  of  his  own  title 
to  the  seat. 

The  PEESIDEYT  stated  that,  under  the  order  of  the  Convention,  an 
expiression  of  the  sense  of  the  Convention,  as  to  the  sufficiency,  of  Mr. 
Adams"  excuse  for  absence,  would  be  requisite. 

Mr.  HUTCHIYSOY  moved,  as  an  amendment  to  the  resolution,  that 
Mr.  Adams  be  allowed  per  diem  for  such  days  as  his  name  might  appear 
upon  the  roll,  and  mileage  the  same  as  other  members. 

(  "91  ) 


1868.]  DEBATES  A^T>  PEOCEEDINGS  OF  THE  [Tuesday, 


Per  Diem  of  Delegate  from  Izard  County.— GENEEAL  DEBATE. 


Mr.  DALE  expressed  the  opinion  that  botli  Mr.  Toney  and  Mr.  Adams 
had  acted  in  perfect  good  faith,  and  suggested  that  each  take  his  due  pro- 
portion— one-half — of  the  pay  for  the  time  occupied  by  the  session.  He 
would  therefore  offer  an  amendment  to  the  amendment,  to  the  effect  that 
one-half  the  per  diem  and  mileage  due  a  delegate  from  Izard  County,  be 
allowed  to  each. 

The  PRESIDENT.  Mr.  Toney's  per  diem  has  already  been  allowed  him. 
Mr.  DALE.  I  have  no  objection  to  allowing  Mr.  Adams  the  same  with 
Mr.  Toney. 

The  PRESIDENT.  The  Chair  then  understands  the  gentleman's  objec- 
tion to  relate  only  to  the  per  diem. 

Mr.  DALE.  Yes,  sir.  It  is  only  fair  that  the  two  should  divide  it  be- 
tween them. 

Mr.  CYPERT  suggested  that  under  the  rule  fixed  by  the  Convention, 
each  gentleman  was  already  entitled  to  pay  for  the  time  he  had  actually 
sat  in  the  Convention,  without  any  further  resolution  on  the  subject. 

Mr.  MONTGOMERY  moved,  as  an  amendment,  that  the  name  of  Hon. 
Mr.  Kelly  be  inserted  in  the  resolution.  Judge  Kelly  had  himself  been 
sick,  and  on  that  account  unable  to  attend  the  Convention,  and  was  not 
detained  by  the  sickness  of  his  wife.  If  Mr.  Adams  was  to  receive  pay  for 
time  during  which  he  was  detained  from  the  Convention  by  the  sickness 
of  his  wife.  Judge  Kelly,  whose  name  had  been  called,  upon  the  rolls, 
every  day,  was  surely  as  well  entitled  to  compensation  for  time  of  absence 
occasioned  by  his  own  illness. 

The  question  was  taken  upon  the  amendment  inserting  the  name  of 
Judge  Kelly  ;  and  the  amendment  was  not  agreed  to. 

Mr.  "WILLIAMS  moved  that  the  whole  subject  be  indefinitely  post- 
poned. 

Before  the  moHon  was  seconded, 

Mr.  McCLURE  said  he  hoped  the  resolution  would  not  be  adopted. 
The  majority  would  have  enough  to  answer  for  on  the  stump,  without 
voting  the  gentleman  this  amount  of  money.  Why  had  not  some  of  the 
gentleman's  friends  offered  the  proposition  ?  The  responsibility  of  such 
disregard  of  the  people's  interests,  which  would  be  shown  by  such  a  squan- 
dering of  the  public  money,  in  thirty-five  days'  pay  to  a  man  who  had  not 
done  a  single  dollar's  worth  of  service,  should  be  made  to  rest  where  it 
belonged. 

Mr.  WILSON  moved  that  the  resolution  lie  upon  the  table. 
The  question  was  taken ;  and  the  motion  w^as  agreed  to. 


(  692  ) 


Feb.  11th.]  AEKA^^SAS  COXSTITUTIOXAL  COXVEXTIOX.  [2^tli  Day. 


Impeacliinentof  Judges  Harrell  and  Hargrove.— SNYDER— BELL— BEOOKS—HIXKLE. 


IMPEACHMEXT  01  .JrDGES  HAERELL  AXD  HARGROVE. 

Mr.  S:SXDEE  offered  the  following  resolution  : 

Whereas,  a  body  of  men.  styling  themselves  the  Legislature  of  Arkansas, 
assembled  at  the  City  of  Little  Eock,  in  the  years  A.L.  1866  and  1S67.  pre- 
ferred charges  against  and  attempted  to  impeach  the  Hon.  Elias  Harrell, 
Jadge  of  the  Eia'hth  .Judicial  Circuit,  and  also  A.  X.  Hargrove.  Judge  of  the 
Xinth  Judicial  Circuit,  of  this  State : 

And  ichereas,  it  is  believed  that  said  charges  are  malicious,  and  founded  in 
prejudice  to  loyalty  : 

TJierefore,  Resolved :  That  it  is  the  sense  of  this  Convention  that  the  next  Gen- 
eral Assembly,  upon  its  assembling  and  without  delay,  take  measures  to  relieve 
said  Harrell  and  Hargrove  of  the  disabilities  imposed  by  said  charges. 

Mr.  BELL  expressed  tlie  hope  that  the  resolution  would  be  adopted. 

Mr.  BROOKS.  I  should  like  to  hear  something  about  this  case.  I  do 
not  like  to  vote  altogether  bhndly  upon  such  matters.  I  hope  the  friends 
of  the  measure  will  give  us  a  statement  of  their  reasons  for  its  introduc- 
tion. 

Mr.  LIITHLE.  I  have  never  heard  a  great  deal  about  the  matter;  but 
I  have  probably  learned  enough  to  enable  me  to  give  the  gentleman  from 
Ehillips  [Mr.  Brooks]  an  idea  of  it.  I  am  informed  that  the  impeach- 
ment to  which  the  resolution  refers,  arose  from  prejudice.  The  Judge  to 
whom  I  more  particularly  refer.  I  know,  from  personal  acc|uaintance,  to 
be  a  loyal  man.  As  ray  information  leads  me  to  beUeve.  it  was  from  that 
cause  that  he  was  impeached,  and  stands  suspended  from  the  ruuctions  of 
his  office.  I  presume  these  are  the  facts  that  have  given  rise  to  the  reso- 
lution. 

Mr.  SXA'DER.  I  am  not  acquainted  with  the  testimony  elicited  in  con- 
nection with  the  cases  referred  to  in  the  resolution  :  but  I  have  good  reason 
to  believe  that  there  was  a  great  deal  of  malice  connected  with  the  prose- 
cution against  these  gentlemen.  And  knowing  them  to  be  loyal  men.  and 
knowing  that,  ordinarily,  prejudice  does  lie  against  that  class  of  men,  I  am 
inclined  to  believe  that  the  charges  preferred  could  not  be  supported  by 
testimony,  and  have  not  been.  I  am  informed  that  one  of  the  charges 
against  these  gentlemen  was  this:  that  they  expelled  from  their  juries, 
after  those  juries  had  been  made  up,  certain  gentlemen  who  had  not  taken 
the  oath  of  allegiance  to  the  United  States  Government,  and  who  cer- 
tainly, under  those  circumstances,  were  not  citizens  of  the  L^nited  States, 
and  were  no  more  cptalified  to  sit  tipon  those  juries  than  an  individual 
from  Lulia.  I  have  good  reason  to  believe  that  there  is  prejudice  at  the 
bottom  of  these  charo-es.    And  I  have  onlv  asked,  in  this  resolution,  that 

(  693  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Tuesday, 


Impeachment  of  Judges  Harrell  and  Hargrove.— SNYDEE—BKOOKS—GANTT. 


the  next  General  Assembly,  without  delay,  and  as  early  as  may  be,  look 
into  the  matter,  and  discharge  these  men  from  the  disabilities  which  have 
been  imposed  upon  them  by  the  Legislature.  As  a  matter  of  course,  if 
the  General  Assembly  should  find  those  charges  well-founded,  they  would 
not  object  to  the  prosecution  of  them.  We  ask  the  passage  of  the  resolu- 
tion, simply  with  a  view  to  urge  the  matter  upon  the  attention  of  the  next 
General  Assembly ;  and  we  hope  gentlemen  will  not  hesitate  to  vote  for 
its  adoption,  as  there  is  nothing  unfair  in  it. 

Mr.  BROOKS.  I  am  content  with  the  statement  offered  by  the  gentle- 
man. 

Mr.  GANTT.  The  articles  of  impeachment  against  these  Judges  were 
preferred  by  the  House  of  Representatives  of  the  last  General  Assembly. 
At  that  time  I  was  a  member  of  that  branch  of  the  General  Assembly 
which  was  charged,  under  the  Constitution  and  laws  of  the  State,  with 
the  trial  of  officers  impeached.  I  think  that  it  is  going  too  far,  to  assert 
that  the  articles  preferred  against  either  of  the  two  were  the  result  of 
prejudice  against  them  as  loyal  men,  or  on  account  of  their  political  sen- 
timents. Were  it  not  true  in  point  of  fact,  that,  by  the  action  of  the 
General  commanding  this  District,  and  the  Executive  of  the  State,  that 
Legislature  has  been  dissolved,  and  that  there  is  no  probability  of  its 
reassembling,  I  would  not  take  this  occasion  to  express  my  views  with 
reference  to  the  facts  charged  in  these  cases.  I  feel,  however,  that  I  vio- 
late no  rule  of  propriety,  and  do  not  compromise  myself,  by  saying  what 
I  believe  to  be  the  facts  of  the  cases,  and  stating,  now,  what  I  am  perfectly 
satisfied  would, have  been  my  judgment  as  a  Senator,  if  they  had  been  put 
upon  their  trial.  It  is  due,  however,  to  that  branch  of  the  General  As- 
sembly which  preferred  the  charges,  to  say  that  I  do  not  believe,  for  one 
moment,  that  they  were  for  an  instant  actuated  by  a  prejudice  against 
these  gentlemen  on  account  of  their  political  sentiments.  The  judges  in 
question  were  notoriously  incompetent  for  the  positions  which  they  occu- 
pied, on  account  of  their  ignorance,  on  account  of  their  destitution  of  legal 
information.  They  were  regarded  as  common  nuisances,  upon  the  bench; 
and  the  course  which  was  pursued  was  adopted  in  order  to  relieve  the 
bench  of  incompetent  men.   I  do  not  believe  that  the  charges  which  were 

preferred  against  them  would  have  been  sustained  in  other  words — 

I  might  better  qualify  that  expression, — I  do  not  believe  that  if  sustained, 
the  charges  would  have  amounted  to  cause  of  impeachment.  The  charges 
preferred  involved  simply  a  want  of  knowledge  of  the  law  ;  and,  after 
having  investigated,  to  some  extent,  the  facts  connected  with  the  two 
cases,  I  am  now  satisfied  that  all  the  testimony  which  would  have  been 
introduced  would  not  have  changed  my  impression,  or  altered  my  convic- 
tion, that  the  head  and  front  of  their  offending,  was  their  superlative  igno- 
rance of  law,  and  total  incompetency  to  discharge  the  functions  of  the 
(  694  ) 


Feb.  11th.]  AEKAISTSAS  CONSTITUTIOJSTAL  COlSrYENTION.  [28th  Day. 


Per  Diem  and  Mileage  of  Contestant  from  Ashley  County. 


office  of  Circuit  Judge.  That,  however,  is  not  a  crime  ;  and,  if  that  mat- 
ter had  come  to  me,  acting  as  Senator,  I  should  certainly  not  have  voted 
for  the  conviction  of  those  gentlemen  on  account  of  their  ignorance  of  law, 
or  their  general  ignorance.  I  do  not  believe,  and  I  think  it  an  injustice 
to  the  last  General  Assembly,  to  assert,  that  they  were  actuated  by  preju- 
dice against  these  gentlemen,  on  account  of  political  sentiments.  It 
occurs  to  me  that  there  is  not  a  gentleman  here,  who  knows  either  of 
these  men,  who  will  assert  that  they  are  now,  or  were  ever,  competent  to 
discharge  the  duties  of  their  office.  They  were  unknown  as  lawyers, 
entirely  ignorant  of  the  law,  and  did  not  deserve  places  upon  the  bench. 
True,  admitting  all  that,  it  did  not  justify  their  impeachment;  and  I  do 
not  suppose  that,  if  their  trials  had  taken  place,  they  w^ould  have  been 
removed.  That  there  may  not  have  been  some  personal  prejudice,  on  the 
part  of  those  who  suggested  the  impeachment,  I  am  not  prepared  to  say. 
There  were,  in  the  case  of  Judge  Hargrove,  some  very  grave  charges;  but 
his  answer  fully  convinced  me,  knowing  as  I  did,  the  testimony  offered, 
that  his  motive  in  the  acts  complained  of  was  misconstrued. 

The  question  was  taken ;  and  tlie  motion  was  agreed  to. 

PER  DIEM  AND  MILEAGE  OP  CONTESTANT  FROM  ASHLEY  COUNTY. 

Mr.  HIiTDS.  I  had  intended  to  call  up  the  Reports  of  the  Committee 
on  the  Ashley  County  Election  case.  At  present,  I  will  merely  say  that, 
by  the  Majority  Report,  it  was  recommended  that  the  contestant  be  allowed 
mileage,  and  per  diem,  for  the  time  during  which  he  was  engaged  in  con- 
testing the  seat.  A  resolution,  however,  was  not  offered  so  as  to  attain 
that  end.    I  will  now  submit  the  following  resolution: 

Besolved:  That  Mr.  Harbison,  contestant  in  the  Ashley  County  case,  be 
allowed  mileage  and  per  diem,  as  recommended  by  the  Majority  Eeport. 

Mr.  CYPERT  moved  that  the  resolution  be  laid  on  the  table. 

The  question  was  taken,  and  the  President  declared  that  it  appeared 
to  have  been  decided  in  the  negative ;  when 

Mr.  GAlvTTT  called  for  a  division. 

Mr.  McCLURE.  I  would  ask  if  the  gentleman  was  here,  at  all* 
Mr.  HINDS.  He  was  here  all  the  time. 

The  question  being  taken,  upon  a  division,  the  vote  stood.  Ayes  14, 
Koes  17, — not  a  quorum. 

Mr.  CYPERT  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

(  695  ) 


1868.] 


DEBATES  AI^D  PEOCEEDmGS  OF  THE 


[Tuesday, 


Per  Diem  and  Mileage  of  Contestant  from  Ashley  County.— GENEEAL  DEBATE. 


The  question  was  taken;  and  it  was  decided  in  the  negative, — Yeas  17, 
'Nsijs  42,  as  follows  : 

Yeas  :  Messrs.  Adams,  Bradley,  Corbell,  Cypert,  Duvall,  Gray  of  Jefferson, 
Harrison,  Hoge,  Houghton,  Mallory,  Misner,  Eeynolds,  Shoppach,  Sims,  Walker, 
AYilson,  and  Wright — 17. 

]S"ays  :  Messrs.  Belden,  Bell,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon, 
Gantt,  Grey  of  Phillips,  Hatfield,  Hawkins,  Hicks,  Hinds,  Hinkle,  Hollis, 
Hodges  of  Crittenden,  Hutchinson,  Johnson,  Kyle,  Langley,  Mason,  Millsaps, 
Montgomery,  Murphy,  McClure,  Owen,  Portis,  Priddy,  Eawlings,  Eector, 
Eounsaville,  Sams,  Samuels,  Sarber,  Smith,  Snyder,  Yan  Hook,  White,  Wil- 
liams, Wyatt,  and  the  President — 42. 

So  the  Convention  refused  to  lay  the  resolution  upon  the  table. 

Tending  the  call  of  the  roll : 

Mr.  BELL  (when  his  name  was  called)  asked  to  be  excused  from  voting. 
Objection  being  made, 

Mr.  BELL  said  he  did  not  understand  the  question  before  the  Convention. 
The  PEESIDEi^T  stating  the  question, 
Mr.  BELL  voted  N'o. 

Mr.  GAI^TT  (when  his  name  was  called)  said:  I  desire  to  ask  the 
Chairman  of  the  Committee  whether  the  Committee  reported  in  favor  of 
the  allowance  of  Mr.  Harbison.  My  recollection  is  not  distinct,  upon  that 
point. 

Mr.  SAEBEE.  The  majority  of  the  Committee,  with  the  exception  of 
one  member,  reported  in  favor  of  allowing  the  gentleman  his  mileage. 
The  gentleman  from  Jefferson  [Mr.  Mallory],  however,  did  not  concur 
in  that  part  of  the  Eeport. 

Mr.  CAISTTT  voted  No. 

Mr.  J^OEMAE"  (when  his  name  was  called)  said:  On  account  of  my  per- 
sonal connection  with  the  case,  I  ask  to  be  excused  from  voting. 

'No  objection  being  made, 

Mr.  i^OEMAIT  was  excused. 

The  vote  was  then  announced  as  above. 

The  question  recurring  upon  the  adoption  of  the  resolution, 

Mr.  KYLE  said  :  I  would  inquire  if  the  case  under  consideration  is  not 

the  same  with  that  respecting  Izard  County. 

Mr.  Hli^DS.  It  is  precisely  the  same.    Mr.  Harbison  was  present,  and 

endeavored,  in  good  faith,  to  obtain  his  seat. 
(  696  ) 


Feb.  llTb.]  AEKAXSAS  COXSTITUTIOXAL  COXVE^'TIOX.  [2Sth  Day. 
Per  Diem  and  Mileage  of  Contestant  fi-om  Ashley  County.— GENERAL  DEBATE. 


Air.  MALLORY  asked  to  make  an  ex]jlanation.  In  his  vievr.  the  cases 
were  dissimilar.  The  claimant  from  Izard  Coimty  was  informed  by  the 
Eegistrar,  the  person  who  should  know,  that  he  was  the  elected  candi- 
date. He  came  with  that  understanding,  and  found  that  he  was  not 
entitled  to  his  seat.  Mr.  Harbison  came  to  Little  Eock.  knowing  that  he 
was  defeated. 

Mr.  KYLE  said  that  the  rule,  as  he  had  always  understood  it.  in  regard 
to  contestants,  was.  that  where  there  is  a  reasonable  ground  for  doubt  as  to 
the  result  of  the  election,  mileage  is  allowed  the  contestant.  He  had 
never,  however,  known  of  a  case  where  a  contestant  was  allowed  per  diem. 
As  regarded  the  mileage,  he  could  not  see.  since  it  had  been  allowed  the 
contestant  from  Izard,  why  it  should  not  be  given  in  this  case. 

Mr.  CYEEET  agreed  with  the  gentleman  from  Jefferson  [Mr.  Mal- 
loey].  that  the  two  cases  were  entirely  dissimilar.  In  the  Ashley  County 
case,  the  contestant  had  no  reasonable  ground  for  believing  himself  elected. 
If  he  could  be  allowed  milea^'e  or  per  diem,  any  person  who  might  have 
chosen  to  contest  the  seat  of  any  member  upon  the  floor  could  have  come 
to  Little  Eock.  and  earned  his  money  in  the  same  way.  The  question,  in 
this  case,  had  been  contested  before  the  General  commanding  the  Eistrict, 
and  the  decision  there  rendered  was  affirmed  by  both  Eeports  of  the  Com- 
mittee on  Elections. 

Mr.  BECkjES  moved  to  amend  the  resolution  by  striking  out  so  much 
as  related  to  the  per  diem. 

The  question  was  taken  :  and  the  amendment  was  agreed  to. 

Mr.  EEOOES  advocated  the  passage  of  the  resolution  as  amended. 
The  Convention  had  been  decidedly  liberal  with  reo-ard  to  the  gentlemen 
occupying  seats  from  Ashley  County  :  and  if  the  Convention  would  recall 
the  circumstances  of  the  contest,  it  would  be  recollected  that  the  question 
of  title  to  the  seat  was  not  one  wholly  clear  from  cloud  and  fog.  He  did 
not  wish  to  question  the  propriety  of  the  humane  conduct  of  the  Conven- 
tion, in  allowing  the  honorable  gentleman  from  Ashley  per  diem  for  the 
•whole  time  of  the  session.  But  he  had  thought  it  wrong  at  the  time,  and 
thought  so  still.  He  hoped,  under  the  circumstances,  that  no  parsimonions- 
ness  would  be  exhibited  toward  a  contestant  whose  claim  certainly,  in  his 
opinion,  was  not  without  some  reasonable  ground. 

Mr.  SAEBEE  asked  to  read  the  conclusion  of  the  Majority  Eeport  of 
the  Committee  on  Elections:  Avhich  was  as  follows  : 

•■  "While,  therefore,  there  is  no  doubt  in  the  minds  of  your  Committee  as  to 
the  truth  of  these  general  facts,  and  that  the  election  for  delegates  in  Ashley 
County  was  conducted  in  the  lawless  and  reprehensible  manner  described,  yet, 
in  view  of  the  time  required,  and  the  expense  and  difficulty  of  sending  for  ad- 

(  697  ) 


1868.]  DEBATES  A^^D  PEOCEEDINGS  OF  THE  [Tuesday, 

Notice  of  Election  for  Eatification.—BEOOKS— HODGES  of  Pulaski. 


ditional  witnesses  and  papers,  they  recommend  that  Messrs.  I^orman  and 
Moore  be  admitted  to  seats  as  delegates  in  this  Convention,  and  the  contest- 
ant, Mr.  Harbison,  allowed  mileage  for  his  attendance ;  and  beg  to  be  dis- 
charged from  the  further  consideration  of  this  subject.^' 

Mr.  GAI^TT  wished  to  say  a  word  in  explanation  of  his  vote.  He  was 
a  member  of  the  Committee  on  Elections,  and  had  submitted  the  Minority 
Report.  That  Report  had  not  touched  upon  the  question  of  per  diem  and 
mileage ;  but  his  recollection  was,  that,  at  the  time,  he  w^as  of  opinion  that 
mileage,  at  least,  should  be  allowed.  He  was  still  of  opinion  that,  under 
the  circumstances,  it  w^ould  be  proper  that  the  contestant  should  be  allowed 
his  mileage. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

NOTICE  OF  ELECTION  FOR  RATIFICATION. 

Mr.  BROOKS.  I  desire  that  the  paper  which  I  now  present  be  read; 
and  that,  if  it  meet  the  approval  of  the  Convention,  the  Ordinance  be 
allowed  to  pass  at  this  session.  I  wish  to  explain,  that  I  present  the  Ordi- 
nance without  its  having  passed  through  a  Committee.  I  should  have 
presented  it  before  a  committee,  had  time  allowed. 

Mr.  BROOKS  then  offered  the  following 

OKDINANCE. 

Be  it  Ordained  and  established :  That  the  notice  of  the  time  of  submitting  the 
Constitution  for  Arkansas,  framed  and  adopted  by  this  Convention,  for  ratifica- 
tion, as  required  by  the  Act  of  Congress  entitled  "  An  Act  for  the  more  effi- 
cient government  of  the  Rebel  States,"  be  given  by  the  President  of  this  Con- 
vention, countersigned  by  the  Secretary,  and  published,  as  soon  as  practicable 
after  the  issue  thereof,  in  all  the  newspapers  in  this  State. 

The  Ordinance  was  read  a  first  time. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  rules  be  suspended,  the  Ordi- 
nance read  a  second  and  third  time,  and  placed  upon  its  final  passage. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

The  Ordinance  was  read  a  second  and  third  time. 

Mr.  CYPERT.  I  desire  to  offer  an  amendment,  by  inserting  a  provision 
that  a  copy  be  furnished  to  all  the  newspapers  of  the  State. 

The  question  was  taken ;  and  the  amendment  was  agreed  to. 


The  question  was  then  taken  on  the  final  passage  of  the  Ordinance  as 
(  698  ) 


Feb.  lltli.]  AEKAXSAS  COXSTITrilOyAL  COSTYSTIOS.  [2Sth  Day. 


Statistics  of  tlie  Conventk  ii— 0±cr  :f  P:  5:nii;:er  of  :iir  Conven::.:.- . 


amended:  aud  it  was  decided  in  tlie  affirmative; — Teas  5S.  ZSavs  '2.  as 
follows : 

Yeas  :  Ales^rs.  Adams.  Belden.  Eell.  Bradley.  Brasliear.  Brooks.  Coates.  Cor- 
bel!. Cvpert.  Dale.  DuvalL  Evans.  Exon.  Gantt.  Gray  of  Jefferson.  Grey  of  Phil- 
lips. Hatfield.  Havrkins,  Hieks.  Hinds,  Hinkle.  HoUis.  Hodges  of  Crittenden, 
Hodges  of  Pnlaski,  Hoge.  Hongliton.  Hutchinson.  Kyle.  Langley,  lilallory. 
Mason.  ^^Tisner,  ^Montgomery.  3Iurphy.  3IeClure.  3IeCown.  IXorman.  Portis. 
Priddy,  Patcliffe.  Eawlings.  Eeetor.  Eonnsaville.  Sams.  Samuels.  Sarber.  Shop- 
paeh.  Sims.  Smith,  Snyder*  Van  Hock.  "Walker.  ^Vilso-i.  Vl^lie.  TTiliiams.  TTright, 
Wyatt.  and  the  President — 58. 

Xays  :  IMessrs.  Johnson  and  Oliver — 2. 

So  the  Ordinance  was  passed. 

STATISTICS  OF  THE  COXVEXTIOX. 

Mr.  EVA1\  S  oiiered  the  following  resolution  : 

Hesolced :  That  each  member  of  this  Convention  be  requested  to  furnish  the 
SzcREiAET  with  his  name,  place  of  nativity,  age,  profession,  county,  and  post- 
office  address  in  full,  to  be  compiled  by  him.  and  published  with  the  proceed- 
ings of  this  Convention. 

Mr.  CYPEET.  I  ask  to  amend  by  inserting. — "'the  length  of  time  he 
has  resided  in  this  State.'' 

The  question  was  taken:  and  the  amendment  was  agreed  to. 

Mr.  AIAEEC'EA'.  I  move  to  amend  further,  by  providing  that  he  also 
state  how  he  came  here.  [Laughter.] 

Mr.  MOXTGOIMEEY.  By  what  right,  or  by  what  influence. 

Mr.  BEOOKS.  I  move  to  amend  the  amendment  to  the  amendment, 
by  adding,  that  he  state  the  object  of  his  coming. 

Mr.  D  L  \"ALL  [in  his  seat.^  I  would  Eke  to  amend  that,  too  ! 

Mr.  WELSOX  [in  his  seai.^  I  wouldn't  like  to  be  cut  quite  that  close  I 

The  amendments  were  agreed  to;  and  the  question  being  taken,  the 
resolution,  as  amended,  was  adopted."^ 

OFFICE  or  POSTMASTER  OE  THE  C0^~VE^■TI0^". 

Mr.  MOXTC-^OMEEY  obtained  the  floor,  when 

Mr.  LAZS  GrEEY  expressed  a  desire  to  present  a  motion  on  the  subject 
of  female  sufl'rage,  and 


*  XoTE. — The  insufficiencv  of  the  data  fiirnislied  "by  members,  rendered  impracticable  tbe 
execution  of  a  portion  of  this  order. 

(  699  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Tuesday, 


Appointment  of  Yice-Presidents  of  the  Convention. — HUTCHINSON. 


Motions  for  adjournment  were  offered  b}^  Messrs.  WILLIAMS  and 
BROOKS, 

All  of  which  the  PRESIDEJSTT  declared  out  of  order,  and 
Mr.  MOl^TGOMERY  moved  to  reconsider  the  vote  whereby  the  Con- 
vention had  declared  vacant  the  office  of  Postmaster. 

The  PRESIDENT.  The  gentleman  cannot,  under  the  rules,  move  a 
reconsideration,  without  previous  notice. 

Objection  being  made, 

Mr.  MONTGOMERY  moved  that  the  rules  be  suspended,  in  order  that 
the  motion  for  reconsideration  might  be  presented. 

The  question  was  taken ;  and  the  President  declared  that  it  appeared 
to  have  been  decided  in  the  negative ;  when 
Mr.  McCOWN  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

Mr.  MONTGOMERY.  Before  the  motion  is  put,  I  desire  to  say  one 
word.  No  reason  whatever  w^as  assigned  for  the  motion  to  vacate  the 
office  of  Postmaster.  The  gentleman  who  occupied  that  position  con- 
siders the  vote  as  a  reflection ;  and,  desiring  to  do  justice  to  all  men,  I  am 
unwilling  to  do  injustice,  by  reflecting,  through  my  vote  in  this  Conven- 
tion, upon  the  character  of  any  man.  That  is  my  only  reason  for  moving 
this  reconsideration. 

The  question  was  taken  ;  and  it  was  decided  in  the  negative, — Yeas  20, 
Nays  42,  as  follows : 

Yeas  :  Messrs.  Belden,  Coates,  Exon,  Hawkins,  Hinds,  Hinkle,  Houghton, 
Johnson,  Kyle,  Langley,  Montgomery,  McCown,  Ohver,  Rawlings,  Rounsaville, 
Sams,  Sarber,  Snyder,  Williams,  and  the  President — 20. 

Nays  :  Messrs.  Adams,  Bell,  Bradley,  Brashear,  Brooks,  Corbell,  Cypert, 
Dale,  Diivall,  Evans,  Gray  of  Jefferson,  G-rey  of  Phillips,  Harrison,  Hatfield, 
Hicks,  Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Hoge,  Hutchinson, 
Mallory,  Mason,  Misner,  Millsaps,  Murphy,  McClure,  Moore,  Norman,  Portis, 
Priddy,  Rector,  Reynolds,  Samuels,  Shoppach,  Sims,  Smith,  Yan  Hook,  Walker, 
Wilson,  White,  Wright,  and  Wyatt— 42. 

So  the  Convention  refused  to  suspend  the  rules. 

APPOINTMENT  OF  VICE-PRESIDENTS  OF  THE  CONVENTION. 

Mr.  HUTCHINSON  offered  the  following  resolution : 

Besolved:  That  it  is  the  sense  of  this  Convention  that  J.  L.  Hodges,  John 
McClure,  Joseph  Brooks,  O.  P.  Snyder,  George  S.  Scott,  and  Walter  W. 
Brashear,  be  made  Yice-Presidents  of  this  Convention ;  whose  duty  it  shall 
be,  in  ease  of  the  President's  absence,  or  inability  to  perform  the  duties  of  his 
(  700.) 


Feb.  11th.]  AEKANSAS  CO^^STITUTIO^sTAL  CONVEISTTIOI^.  [28th  Day, 


Codification  of  Statutes,  and  Code  of  Practice — Female  Suffrage — Public  Printing. 


office,  to  have  all  the  power  of,  and  discharge  all  the  duties  incumbent  upon, 
the  President.  Provided^  That  they  shall  take  precedence,  in  the  discharge  of 
those  duties,  in  the  order  in  which  their  names  are  here  inserted. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

«> 

CODIFICATION  OF  STATUTES,  AND  CODE  OF  PRACTICE. 

Mr.  BEOOKS  offered  the  following  resolution  : 

Besolved :  That  the  Boards  to  digest  and  arrange  the  laws,  and  to  arrange  a 
code  of  practice,  as  provided  in  the  Constitution,  be  appointed  by  the  Presi- 
dent of  the  Convention. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

FEMALE  SUFFRAGE. 

Mr.  LAIlTGrLEY  desired  to  move  an  addition  to  Article  I  of  the  Consti- 
tution. 

The  PRESIDEISTT.  The  motion  is  out  of  order. 
A  MEMBER  {in  his  seaf]  Let  it  be  read,  any  way. 
Mr.  GAOTT.  I  ask  that  it  be  read. 
The  SECRETARY  read  the  motion,  as  follows; 

That  the  following  section  be  inserted  in  the  First  Article  of  the  Constitu- 
tion, viz.  : 

All  citizens,  twenty-one  years  of  age,  who  can  fead  and  write  the  English 
language,  shall  be  eligible  to  the  elective  franchise,  and  entitled  to  equal  po- 
litical rights  and  privileges. 

Mr.  HODGES,  of  Pulaski.  Understanding  that  the  gentleman  from 
Clark  [Mr.  Langley]  wishes  to  discuss  the  merits  of  the  question,  I  cer- 
tainly think  we  ought  not  to  have  any  objection  to  hearing  whatever  may 
be  said  in  favor  of  the  motion;  and  in  order  to  open  a  discussion,  I  move 
the  adoption  of  the  proposed  clause. 

Mr.  KYLE.  That  proceeding  is  entirely  out  of  order. 

Mr.  LAI^GLEY.  I  claim  that  it  is  in  order.  And  I  will  ask  that  in 
any  remarks  I  may  make  on  the  subject,  I  may  not  be  disturbed.  Lwish 
to  say,  in  advance,  that  I  have  been  shot  through  a  lung,  and  cannot  speak 
without  some  difficulty.    I  am  not  an  orator.  

PUBLIC  PRINTING — AGAIN. 

Mr.  KYLE.  I  have  a  motion  to  submit,  that  is  in  order,  when  that  ques- 
tion shall  be  disposed  of  

Mr.  LAl^GLEA^.  I  will  wait  my  time.  When  I  went  to  mill,  I  was 
always  willing  to  wait  my  time. 

(  YOl  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Tuesday, 


Public  Printing— Eemale  Suffrage.— GENERAL  DEBATE. 


Mr.  KYLE.  I  have  no  objection,  at  all,  to  hearing  the  gentleman's 
speech ;  but  I  have  a  matter,  which  is  in  order,  that  I  desire  to  bring 
before  the  Convention.  A  few  days  ago,  I  gave  notice  of  a  motion  to 
reconsider  the  vote  by  which  the  Ordinance  was  passed,  taking  the  State 
printing  from  the  parties  to  whom  it  was  awarded  by  the  last  Legisla- 
ture.  

Mr.  GAI^TT.  I  rise  to  a  point  of  order.  The  gentleman  is  discussing  a 
measure  that  is  not  before  the  Convention.  The  proposition  of  the  gentle- 
man from  Clark  [Mr.  Langley]  is  before  the  Convention ;  and  the  gentle- 
man [Mr.  Kyle]  is  discussing  a  proposition  which  he  is  going  to  introduce, 
himself. 

Mr.  KYLE.  I  wish  to  call  up  the  motion  for  reconsideration,  of  which 
I  gave  notice. 

The  PRESIDE^^TT.  When  did  the  gentleman  give  that  notice  ? 
Mr.  KYLE.  A  few  days  ago. 

The  PRESIDENT.  The  Chair  understands  that  in  that  case  it  w^as 
necessary  that  the  motion  be  presented  on  the  following  day. 

Mr.  KYLE.  It  does  not  m^atter  with  me;  I  only  wish  to  set  myself  right 
in  that  respect.  [Cries  of  "Leave."] 

Mr.  HODGES,  of  Pulaski,  assured  the  gentleman  from  Dallas  [Mr. 
Kyle],  that  as  soon  as  the  proposition  of  the  gentleman  from  Clark  [Mr. 
Langley],  should  be  disposed  of,  universal  consent  would  be  given  that 
his  motion  should  be  taken  up. 

FEMALE'  suffrage — AGAIN. 

The  PRESIDEIsTT.  Will  that  be  satisfactory  to  the  gentleman  from 
Dallas'?  There  seems  to  be  a  general  disposition  to  hear  the  remarks  of 
the  gentleman  from  Clark.  [Calls  for  Mr.  Langley.] 

Mr.  GA]>[TT.  I  move  to  refer  the  proposition  of  the  gentleman  from 
Clark,  to  Mrs.  Lucy  Stone. 

Mr.  CYPERT  [in  Ms  seat.']   That  motion  cuts  off' debate. 

Mr.  MOIsTTGOMERY  claimed  that,  after  , the  action  of  the  Convention, 
the  motion  was  out  of  order. 

Mr.  HII^KLE  rose  to  a  point  of  order.  The  gentleman  from  Clark  had 
not  yielded  the  floor. 

Mr.  SARBER  moved  that  the  Convention  adjourn  till  10,  a.m.,  of  the 
morrow. 

Mr.  BROOKS  hoped  the  gentleman  [Mr,  Sarber]  would  permit  him  a 
word.  He  trusted  the  Convention  would  extend  to  the  gentleman  from 
Clark  an  opportunity  to  express  his  views  upon  this  subject.  •  If  the  prop- 
osition was  technically  out  of  order,  it  could  still,  by  general  consent,  be 
entertained. 
(  702  ) 


Feb.  11th.]  AEKAXSAS  COXSTITrTIOXAL  COXYEXTIOX.  [28tli  Day. 


Female  Suffrage— LAXGLEY. 


Mr.  MONTGOMERY  interrupted  Mr.  Brooks,  and  claimed  the  floor. 

The  PRESIDEXT.  The  gentleman  from  Clark  [Mr.  Laxgley]  has  the 
floor:  and  the  Chair  does  not  understand  him  to  give  way  for  the  motion 
to  adjourn. 

Mr.  HTXTTT.E  rose  to  insist  that  the  gentleman  from  Clark  should  not 
be  further  interrupted. 

^Mr.  LAXGLET  expressed  his  willingness  to  give  way  to  a  motion  for 
adjournment,  provided  he  should  be  entitled  to  the  flool'  on  the  morrow 
morning. 

Mr.  HODGES-  of  Pulaski,  moved  that  the  Convention  adjourn  to  10, 
A.M.,  of  the  morrow,  with  the  understanding  that  the  gentleman  from 
Ch\rk  should  then  be  entitled  to  the  floor. 

The  question  was  taken:  and  the  motion  was  agreed  to:  and  thereupon, 
at  12,  M.,  the  Convention  adjourned  to  10,  a.m.,  of  Wednesday,  February 
12th. 


T  W  E  X  T  Y-  N  I  N  T  H  DAY. 

"Wedxe-sday.  February  12f//,  1868. 

Convention  met,  pursuant  to  adjournment,  at  10,  a.m. 
Prayer  was  off"ered  by  the  Chaplain. 

The  roll  was  called,  and  the  following  members  answered  to  their  names : 

Messrs.  Adams.  Beasley,  Eelden,  Bell,  Brashear,  Brooks,  Coates.  Corbell, 
Cypert.  Dale,  Duvall.  Evans,  Exon,  Gantt,  Gray  of  Jefferson,  Grey  of  Phillips, 
Hatfield,  Hawkins.  Hicks.  Hinds.  Hinkle.  Hohis,  Hodges  of  Crittenden,  Hodges 
of  Pulaski,  Hoge,  Houghton,  Hutchinson,  Johnson,  Kyle,  L^ngley,  ]Mallory, 
31ason,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy,  McCown,  McClure, 
Xorman,  Oliver,  Poole,  Portis,  Priddy,  Eawliugs,  Eector,  Eeynoids,  Eounsa- 
ville,  Sams.  Samuels,  Sarber,  Shoppach,  Sims,  Smith.  Snyder,  Tan  Hook, 
TTaiker,  TVilson,  TVhite,  Y^ilhams,  Wright,  IVyatt.  and  the  President. 

The  PEESIDEXT  announced  that,  the  time  of  the  Secretaries  havinof 
been  closely  occupied  in  preparing  the  certificates  of  members,  for  pay 
and  mileage,  the  Journals  were  not  entirely  made  up,  from  the  minutes. 

By  consent,  the  reading  of  the  Journal  was  deferred. 

FEMALE  SUFFRAGE — AGAIX\ 

By  consent,  the  unfinished  business  of  the  pre\fious  day,  being  the  con- 
sideration of  the  following  motion,  was  taken  up  : 

(  TO.^  ) 


1868.]  DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Female  Suflfrage.— LANGLEY— CYPEKT. 


That  the  following  section  be  inserted  in  the  First  Article  of  the  Constitu- 
tion, viz.  : 

All  citizens,  twenty-one  years  of  age,  who  can  read  and  write  the  English 
language,  shall  be  eligible  to  the  elective  franchise,  and  entitled  to  equal  po- 
litical rights  and  privileges. 

The  PRESIDENT.  The  gentleman  from  Clark  [Mr.  Langley]  is  enti- 
tled to  the  floor. 

Mr.  LANGLEY.  I  Lolieve  in  freedom  of  speech.  I  claim'the  right  to 
discuss  in  the  fullest  and  freest  manner  any  and  every  question  pertaining 
to  the  rights  of  the  people,  or  the  interests  of  the  country.  This  right  is 
not  derived  from  any  digest  of  law  or  decision  of  court.  It  is  a  direct 
endowment  of  God ;  it  is  enstamped  upon  my  nature ;  it  is  interwoven 
with  all  the  elements  which  constitute  me  a  rational  and  accountable 
being.  This  right  I  can  surrender  only  with  life  itself.  And  the  attempt 
to  hinder  me  from  exercising  this  right  on  this  floor,  I  indignantly  repel 
as  a  trespass  upon  my  rights  and  an  insult  to  my  manhood.  Sir,  for  speak- 
ing in  favor  of  universal  freedom,  for  advocating  the  rights,  and  contend- 
ing for  the  interests,  of  the  down-trodden  and  cruelly  oppressed  people  of 
our  country,  especially  the  colored  race,  I  have  been  incarcerated  in  dark 
and  loathsome  dungeons,  as  hellish  as  the  Bastile  of  France,  the  Inquisi- 
tion of  Spain,  or  the  Black  Hole  in  Calcutta.  But,  thank  God,  time, 
which  tries  all  things,  has  wrought  a  wonderful  change.  I  think,  from  the 
indications  of  yesterday  evening,  that  the  "  Conservative"  gentleman  (if 
he  is  a  gentleman !)  who  charges  me  with  being  non  com.pos  mentis^  has  in- 
spired some  of  our  "  Radicals"  (?)  with  his  spirit.  But,  if  they  think  they 
can  intimidate  me,  they  are  "  mistaken  in  their  man,"  this  time.  If  any 
gentleman  tells  me  I  am  to  be  denied  the  privilege  of  speaking,  he  insults 
me,  and  I  will  not  submit  to  it.  I  have,  as  a  man-,  the  right  of  free  speech; 
and  I  will  figl^  for  it — I  will  fight  for  it  on  this  floor  or  anywhere  else, 
and  in  any  way!  I  will  speak,  on  this  floor,  if  the  room  is  crammed  so 
full  of  devils  that  you  can't  stick  the  point  of  a  needle  between  them  !  

Mr.  CYPERT.  If  the  gentleman  will  permit  me  

Mr.  LANGLEY.  Take  your  seat,  sir ! 

Mr.  CYPERT.  If  the  gentleman  will  allow  me  

Mr.  LANGLEY.  Just  take  your  seat,  and  keep  your  seat,  sir!  [Great' 
laughter.]  [Mr.  Langley  reiterated  with  much  earnestness  his  notice 
to  Mr.  CyPERT  to  be  seated,  and  Mr.  Cypert  complied,  amid  excessive 
laughter.    Mr.  Langley  continued  :] 

I  am  a  Utilitarian.  I  believe  in  development,  progress,  reform,  and 
improvement :  and  am  willing  and  anxious  to  do  what  I  can  to  render  all 
people  wise,  good,  and  happy. 

The  prophetic  annunciation,  that  "  knoidedge  shall  he  increased,^'  is  being 
more  and  more  verified  as  we  approach  nearer  and  nearer  the  reign  of 
(  704  ) 


Feb.  12th.]  AEKANSAS  CONSTITUTIONAL  COXYEXTION.   [29th  Day. 


Female  Suffrage.— LANGLEY. 


the  PriDce  of  Peace,"  when  order,  h'uth,  and  righteousness  shall  prevail 
throughout  the  whole  earth.  Progress  is  an  unchangeable  law  of  nature. 
This  is  an  age  of  improvement.  Eeforra  is  the  order  of  the  day.  We  are 
passing  through  a  crisis  unparalleled  in  the  history  of  the  world.  We 
have  just  struggled  through  a  gigantic  war,  and  are  inaugurating  a  new 
era  in  the  history  of  our  national  policy.  We  must  reconstruct  the  gov- 
ernment of  our  country  on  radical  principles — universal  freedom,  im.par- 
tial  suffrage*  and  equal  i-ights.  We  must  be  governed  by  natural  justice 
and  scientific  principles.  Scientific  truth  must  be  our  guide  in  ethics,  in 
religion,  in  politics,  in  social  life,  and  in  legal  matters. 

Shall  woman,  created  the  equal *of  man,  be  entitled  to  the  same  political 
and  legal  rights  as  man?  This  is  the  question  ;  and  it  is  destined  to  be. 
the  question  of  questions,  the  great  question  of  the  age,  the  question  of 
the  country  for  years  to  come. 

I  affirm  that  woman  is  by  nature  endowed  with  equal  rights,  social, 
political,  and  legal,  with  man. 

The  right  of  woman  to  the  elective  franchise,  etc.,  is  based  on  the  prin- 
ciples of  scientific  truth.  I  call  special  attention  to  this  proposition  :  That 
icoman  does  not  differ  from  man  in  any  ixtrticidar  that  disqualifies  her  from 
rightly  exercising  the  same  political  and  legal  rights  that  he  does. 

(I  call  special  attention,  I  say,  to  that  proposition.  I  want  men  to  meet 
me  with  argument,  on  this  floor.) 

Whether  this  proposition  is  true  or  false,  depends,  not  on  prejudice,  not 
on  ancient  custom,  not  on  modern  usage,  not  on  legislative  enactment, 
but  on  scientific  truth.  This  is  a  question  of  science,  and  can  be  rightly 
decided  only  by  scientific  knowledge.  Anatomy,  physiology,  and  phren- 
ology demonstrate  thai  ivoman  possesses  every  natural  qualficaiion  ivhich  enti- 
tles a  man  to  loolitical  and  legcd  rights.  (This  is  a  delicate  question  ;  but  a 
distinguished  man  has  said  there  are  no  secrets  in  physiology.)  Man  dif- 
fers from  woman  as  to  sex — in  ph^^sical  formation.  But  the  special  phys- 
ical formation  of  man  does  not  confer  on  him  political  and  legal  rights; 
or,  if  it  does,  it  confers  the  same  rights  on  woman,  for  she  has  her  own 
special  physical  formation.    AYoraan  differs  in  formation  from  man  

(You  may  laugh,  gentlemen,  but  this  is  a  scientific  argument.  It  is  an 
independent  argument.  You  may  laugh  and  slur — I  do  not  expect  argu- 
ment from  any  men  that  deny  the  right  of  free  discussion.  I  have  been 
treated  disrespectfully;  and  I  do  not  expect  to  be  met  by  argument;  but 
I  may  say  that  I  do  not  mean  to  reply  to  anything  but  a  fair  argument. 
I  am  myself  making  an  argument;  and  I  now  resume  it.) 

Man  and  woman  were  created  difterent  in  the  one  respect  of  sex,  for  a 
specific  and  important  purpose,  viz.,  tlie  perpetuation  of  the  human  race; 
which  is  accomplished  by  mutual  consent,  and  on  terms  of  equality. 

Why  is  man  entitled  to  political  and  legal  rights?    Because  he  is  con- 

45  ('^05) 


1868.] 


DEBATES  Al^D  PROCEEDINGS  OF  THE  [Wednesday, 


Female  Suffrage.— LANG-LEY. 


stituted  with  reason,  conscience,  free  will,  etc.,  and  sustains  various  im- 
portant relations  to  civil  society.  Woman  is  created  with  reason,  consci- 
ence, free  will,  etc.,  and  sustains  important  relations  to  civil  society,  and 
therefore  is  entitled  to  the  same  rights  as  man. 

I  challenge  you  to  deny  that  proposition.  

Mr.  CYPERT  [m  his  seat.J  I  will  try  it.    [Renewed  laughter.] 

Mr.  LANGLEY.  She  differs  from  man  mentally  only  as  she  differs 
physically.  Woman  has  a  finer  nervous  system,  or  brain,  a  purer,  mind, 
and  a  more  beautiful  physique,  than  man.  And  her  rights  are,  to  say  the 
least,  the  same  in  nature,  extent,  and  value,  as  those  of  man. 

Man  and  woman  are  created  equal.  iTheir  interests  are  similar.  Their 
rights  are  the  same.  Thej  possess  the  same  mental  characteristics.  Woman 
possesses  the  same  organs,  or  faculties  of  mind,  possessed  by  man.  Man 
is  naturall}^  a  politician  ;  he  loves  his  home  and  country;  and  he  is  allowed 
to  exercise  his  political  rights  for  his  own  safety  and  the  good  of  his  coun- 
try. Woman  also  has  a  political  faculty,  political  rights,  political  interests, 
political  aspirations,  and  political  duties. 

The  term  ''politics'^  signifies  the  science  of  government.  Is  not  woman 
a  rational  and  accountable  being?  Is  not  woman  interested  in  the  affairs 
of  civil  government?    Has  she  slbj  rights  which  man  is  bound  to  respect? 

The  law  of  adaptation,  or  fitness  of  things,  furnishes  us  with  a  solid 
argument  in  favor  of  woman's  rights. 

A  man  has  the  right  to  exercise  every  organ  or  faculty  which  God  has 
given  him.  A  woman  has  the  same  right.  The  possession  of  the  eye 
implies  the  right  to  see.  The  possession  of  the  ear  implies  the  right  to 
hear.  The  possession  of  the  intellect  implies  the  right  to  think.  And 
the  possession  of  the  patriotic  faculty  implies  the  right  to  act  in  matters 
of  politics.  The  patriotic  faculty  is  as  strong  in  womau,  if  rightly  culti- 
vated, as  in  man.  And  it  is  gross  ignorance,  or  inveterate  prejudice,  or 
both  combined,  which  denies  woman  any  political  or  legal  right  which  is 
exercised  by  man. 

The  right  of  woman  to  vote,  etc.,  springs  from  natural  justice.  The  right 
to  vote  is  a  natural  right,  springing  from  the  right  of  self-protection.  Self- 
protection  is  a  natural  right,  to  which  every  member  of  civil  government 
is  fully  entitled.  The  main  object  of  civil  government  is,  to  protect  the 
people  in  their  rights.  Those  cannot  be  certain  of  protection  who  are 
denied  the  right  of  a  voice  in  determining  who  shall  frame  their  law^s,  and 
who  shall  administer  them.  I  contend  that  men  and  women  are  created 
with  equal  rights ;  that  a  government  derives  its  just  powers  from  the  con- 
sent of  those  who  are  governed ;  and  that,  therefore,  woman  has  the  same 
rights  as  man  in  matters  of  civil  government. 

Women  have,  in  various  ages  of  the  world,  made  excellent  rulers  ;  prov- 
ing that  they  are  qualified  to  rightly  act  in  matters  pertaining  to  civil 
(  706  ) 


Feb.  12th.]  AEKAIS^SAS  CONSTITUTIONAL  CONYENTIOX.  [29th  Day. 


Female  Suffrage.— LANGLEY. 


a-oveninient.  For  men  to  make  and  enforce  laws  which  deny  women 
their  political  and  legal  rights,  is  usurpation,  tyranny,  injustice,  and  wick- 
edness. 

The  rio'ht  of  woman  to  vote  and  hold  office  is  demanded  as  a  matter  of 
good  policy. 

We  need  social  reform,  civil  progress,  and  legal  improvement;  and  to 
insure  success  in  achieving  such  desirable  objects,  we  must  have  the  aid 
of  the  wom^n.  Woman  was  made  to  help  man.  Say  what  you  will,  but 
the  sphere  of  woman  is  the  sphere  of  man.  He  cannot  do  without  her. 
Woman  exerts  a  great  influence  in  politics  now;  and  what  would  be  her 
influence  if  she  exercised  all  her  rights  ?  Xo  society  can  well  succeed 
without  the  help  of  women.  The  Church  must  be  composed  in  part  of 
women.  The  social  partj^  is  incomplete  without  women.  Even  the  Free- 
masons have  learned  that  they  cannot  well  succeed  without  the  influence 
of  the  fair  sex.  And  woman  will  yet  be  admitted  to  all  the  political  rights 
of  man.  It  is  only  a  matter  of  time.  We  men  need  in  politics,  as  in 
everything  else,  the  soft  but  potent  influence  of  our  mothers,  our  wives, 
our  sisters,  our  daughters.  Intrigue  and  corruption  do  not  necessarily 
belong  to  politics.  Why  canilot  a  people  vote,  hokl  civil  office,  and  discuss 
matters  pertaining  to  their  rights  and  interestSj  with  as  much  integrity 
and  honesty  of  purpose  as  they  can  consider  and  transact  any  other  busi- 
ness ?  By  the  aid  of  woman  we  can  reform  our  political  system,  and  make 
•politics  as  pure  as  religion.  Paul  says,  in  eft'ect,  "  Ou\j  let  your  politics 
accord  with  the  Gospel  of  Christ."  Men  who  are  seekins;  for  self-ao^o^-an- 
dizement,  loving  position  and  power  more  than  their  country,  do  not  un- 
derstand this.  Thej^  talk  as  though  politics  were  a  monopoly  for  a  favored 
few — the  aristocracy  and  their  dupes.  They  pretend  to  think,  and  thev 
succeed  in  making  the  most  of  the  people  believe,  that  politics  is  naturally 
so  corrupt  that  no  pure  man  has  any  right  to  hold  office,  and  that  a  woman 
is  entirely  wrong  to  even  talk  about  having  political  rights  and  privi-leges. 

We,  as  a  nation,  deny  one-half  of  the  people,  the  purest  and  best  half, 
their  rights,  and  wonder  why  we  succeed  no  better.  The  Democrats 
say  that  this  is  a  white  man's  government.  The  Republicans  contend  that 
it  is  a  maivs  government.  The  "  Equal  Eights  "  Party  affirm  that  this  is, 
of  right,  the  people's  government!  And  I  contend  that  to  deny  any  per- 
son any  political  or  legal  right,  merely  on  account  of  sex^  or  color,  is  un- 
natural, unjust,  and  tyrannical.  Patriotism,  intelligence,  and  moral  vir- 
tue, are  the  only  just  and  proper  precedent  conditions  of  enfranchisement. 
It  is  a  crime  to  exclude  from  civil  or  legal  rights  any  person  who  possesses 
these  qualifications.  Woman  is,  by  nature,  as  patriotic  and  intelligent  as 
man.  ^Yoman  is  more  virtuous  them,  man!  Man  will  corrupt  any  institu- 
tion, enterprise,  or  business,  from  which  woman  is  excluded!  The  his- 
tory of  the  world  will  establish  this  proposition.    The  coarser  qualities  of 

(  707  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 
 1  . 


Female  Suffrage.— LANGLEY—CYPEET. 


man  must  be  counteracted  by  the  pure  and  ennobling  powers  of  woman. 
This  is  essential  to  complete  success  in  matters  of  national  policy.  This, 
and  nothing  short  of  this,  will  ensure  the  peace,  safety,  and  intelligence,  re- 
quisite to  national  prosperity  and  happiness.  There  never  can  be  a  millen- 
nium of  peace  and  prosperity,  while  one-half  the  people — the  better  half — 
are  denied  their  just  rights.  My  wife  is  as  well  qualiiiecl  to  vote  as  I  am. 
We  have  women  in  our  country  who  are  better  qualified  to  hold  any  civil 
office,  however  responsible,  than  are  the  men  who  oppose  female  suffrage. 

Society  treats  woman  with  great  injustice.  She  is  compelled  to  submit 
to  laws  which  she  has  no  voice  in  making.  She  is  compelled  to  pay  taxes, 
while  she  is  denied  the  right  of  representation.  She  is  consigned  to  infamy 
for  an  error  which  man  may  commit  with  impunity.  Her  hard  earnings 
may  be  forcibly  taken  from  her  by  a  villainous  husband,  and  she  has  no 
legal  mode  or  means  of  redress. 

If  woman  is  equal  to  man,  she  is  entitled  to  the  same  rights.  If  she  is 
inferior,  she  is  in  greater  need  of  protection.  Therefore,  I  say,  put  the 
ballot  into  her  hand. 

Woman  is  every  way  worthy  of  the  confidence  which  I  propose  we  shall 
repose  in  her.  She  is  truer  and  purer  thaii  man.  She  has  more  moral 
integrity  than  man.  She  makes  a  good  teacher,  author,  and  orator;  a 
fine  physician,  musician,  and  artist;  an  affectionate  mother,  a  confiding 
sister,  a  loving  wife !  And  who  will  deny  that  she  is  naturally  qualified 
to  make  an  excellent  politician  ?  * 

Mr.  CYPERT.  I  desire  to  off*er  the  following  amendment: 

Provided,  That  no  man  who  has  a  wife  shall  be  allowed  to  vote  when  the 
right  is  exercised  by  his  wife. 

[Laughter.] 

I  wish  to  offer  a  few  remarks,  in  support  of  the  amendment.  I  hold, 
sir,  that  I  am  a  Union  man;  and  that,  not  only  so  far  as  the  Grovern- 
ment  is  concerned,  but  as  regards  the  relations  of  families.  I  do  not 
wish  to  assist  in  inaugurating  any  system  that  will  be  likely  to  give 
rise  to  secession  in  families,  and  to  create  conflicting  interests  between 
husband  and  wife.  I  believe,  sir,  that  the  proposition  of  the  gentleman 
from  Clark  [Mr.  Langlby],  if  carried  out,  will  provoke  husband  and 
wife  to  extreme  measuress.  Revolutions  in  families  will  be  the  conse- 
quence. Devastation  will  spread  through  the  homestead.  Children  will 
be  snatched  from  the  protection  of  their  fathers  and  mothers.  I  contend, 
sir,  that  if  the  right  to  exercise  the  elective  franchise  is  given  to  both  the 
husband  and  wife,  it  will  be  fraught  with  consequences  which  cannot,  in 
all  their  horror,  be  anticipated  by  any  mind. 

On  the  other  hand,  I  can  see  no  great  impropriety  in  conferring  upon 
woman  the  right  to  vote,  provided  she  is  the  only  one,  in  the  family, 
(  708  ) 


Feb.  12th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [29th  Day. 


Female  Suffrage.— CTPEET—LAXGLEY. 


allowed  to  exercise  that  right.  I  believe  that,  in  many  instances,  the 
women  are  better  capable  of  voting  than  the  husbands:  and  where  that 
is  evident,  the  dominant  mind  will,  of  course,  exercise  the  right.  [Laugh- 
ter.] In  the  case  of  the  gentleman,  I  will  be  willing  to  agree  that  his 
wife  is  more  capable  than  he,  of  exercising  the  right  of  sulfrage.  [Re- 
newed laughter.]  But  there  are  some  exceptions,  to  this  rule, — cases 
where  the  gentleman  would  be  more  capable  than  the  lady,  of  exercising 
the  right:  and  in  those  exceptional  cases,  I  would  not  be  willing  to  bring 
about  the  difficulties,  between  husband  and  wife,  which  must  inevitably 
ensue.  lEence,  the  object  of  the  amendment  is,  to  confine  the  privilege 
to  one  individual,  at  least  as  between  husband  and  wife. 

I  must  confess,  sir,  I  should  think  it  somewhat  rash  to  place  the  ballot 
in  the  hands  of  women.  The  gentleman  says  that  women  were  created 
equal  with  man,  in  every  respect.    I  beg  leave  to  differ.  

Mr.  LAXGLEY.  TYith  the  exception  of  sex,  as  I  explained  in  a  few 
words. 

Mr.  CYPEET.  I  did  not  understand  the  sense  in  which  the  matter  was 
explained:  but  I  understand  the  gentleman  to  admit  that  there  is  a  slight 
dilierence :  I  understand  that  it  has  been  so  asserted  from  the  pulpit,  and 
I  would  not  be  disposed  to  question  the  fact.  

Mr.  Y^^ILSOX  [jn  his  5>:(//.]  The  gentleman  [Mr.  Laxgley]  made  allow- 
ance for  that. 

Mr.  LAXGLEY.  That  dues  not  give  to  either  a  claim  to  exclusive  civil 
rights. 

Mr.  CYPEET.  I  can  only  say,  sir,  with  the  pious  deacon, — Thank 
God  for  the  variation  I"'  [Laughter.]  Certainly,  sir,  were  it  not  for  that 
difference, — a  difference  which  I  would  not  change,  to-day,  if  I  could, — 
society  would  be  upturned,  the  world  vrould  cease  to  go  on  in  its  great 
career,  the  human  family  would  cease  to  exist,  and  I  am  inclined  to  be- 
lieve, sir,  the  extinction  of  mankind  would  be  the  ultimate  consequence  I 
The  gentleman  spoke  with  great  severity  of  some  "  conservative  gentle- 
man." I  do  not  think  I  fully  understood  him.  But,  in  consequence  of  a 
previous  conversation  which  I  had  had  with  the  gentleman,  I  was  about 
to  rise  to  a  privileged  question,  when  the  gentleman  made  me  take  my 
seat  very  qtiickly.  [Laughter.]  Unfortunately,  in  a  conversation  with 
him,  I  did  accuse  him  of  being  crazy.  I  meant  a  joke,  then  ;  but  if  he  will 
persist  in  proving  to  the  world  that  he  was  crazy,  I  cannot  help  it.  

Mr.  LAXGLEY.  Sir,  you  are  too  crazy  to  meet  my  arguments,  or  even 
to  try.  [Laughter.] 

Mr.  CY^PEET.  I  do  not  propose  to  meet  all  the  arguments  of  the  gen- 
tleman. I  am  no  scientilic  man,  and  never  propose  to  discuss  scientific 
questions. 


(  '09  ) 


1868.] 


DEBATES  AISTD  PEOCEEDINGS  OF  THE  [Wednesday, 


Female  Suffrage.— LANGLEY—CYPEET—SARBER—aANTT— DALE— WILSON. 

Mr.  LAIS' GrLEY.  Why  not  sit  down,  then,  and  let  men  discuss  them 
who  can  ?  [Shouts  of  laughter  and  applause.] 

Mr.  CYPERT.  If  I  thought  there  was  another  gentleman  in  this  house, 
beside  the  gentleman  from  Clark,  who  could  discuss  that  question  scien- 
tifically, I  iDOuld  sit  down.  But  it  is  a  peculiar  order  of  science,  known 
onl}^  to  the  brain  of  the  gentleman,  I  believe;  and  I  confess  that  I  am  not 
capable  of  discussing  it,  and  rose  only  to  offer  these  few  suggestions  in 
favor  of  my  amendment,  in  order  to  ward  off"  the  fearful  revolution  in 
societies  and  families,  which  I  was  apprehensive  the  gentleman's  proposi- 
tion, if  adopted,  would  be  likely  to  effect.  [Laughter.] 

Mr.  SAEBER.  I  move  that  the  whole  subject  be  laid  upon  the  table. 

Mr.  CYPERT.  O,  come,  don't  treat  it  in  that  way  !  It  ought  to  be  fairly 
discussed. 

The  PRESIDEOT.  The  Chair  understands  that  there  are  several  gentle- 
men who  propose  to  speak  upon  the  subject;  and  perhaps  the  gentleman 
from  Johnson  [Mr.  Sarber]  will  withdraw  his  motion. 

Mr.  GANTT.  I  rose  to  make  the  same  motion  with  the  gentleman  from 
Johnson.  I  will  say,  however,  I  am  decidedly  in  favor  of  the  amendment. 
I  think  one  of  the  heads  of  a  family  ought  to  exercise  the  right  of  voting. 
There  are,  in  all  families,  two  articles,  neither  of  which  more  than  one 
member  of  the  family  ought  to  wear;  the  one  is,  the  breeches;  I  will  not 
mention  the  other.  [Laughter.] 

Mr.  SARBER.  I  will  withdraw  my  motion. 

Mr.  DALE.  I  have  been  engaged  in  writing,  and  have  not  been  paying 
any  attention  to  the  run  of  this  discussion.  But  as  this  seems  to  be  a  sort 
of  free  fight,  and  inasmuch  as  I  have  been,  during  the  session,  a  man  of 
slow  speech — by  some  gentlemen  perhaps  considered  rather  on  the  modest 
order, — I  might  perhaps  venture  a  remark  or  two.  I  wish  to  say  that  in 
any  allusions  that  I  may  make  to  any  gentleman  on  this  floor,  I  do  not 
propose  to  deal  in  personalities ;  because  

Mr.  WILSOIsT.  Will  the  gentleman  allow  me  to  ask  him  one  question, 
before  he  proceeds  ? 

Mr.  DALE.  Yes,  sir.  I  believe  this  is  a  sort  of  general  class-meeting. 
I  am  readj^  to  answer  any  question  any  gentleman  may  choose  to  put. 

Mr.  WILSOE".  I  only  wanted  to  know  if  you  were  going  to  read  all 
those  papers,  in  your  hand,  before  you  quit. 

Mr.  DALE.  A  little  louder,  if  you  please,  sir.  [Laughter.] 

Mr.  WILSOIST.  Are  you  going  to  read  all  those  papers? 

Mr.  DALE.  It  will  somewhat  depend  upon  circumstances,  sir.  [Laughter.] 

I  was  going  to  say,  Mr.  President,  that  I  am  rather  favorable  to  the  reso- 
lution off*ered  by  the  gentleman  from  Clark  [Mr.  Langley.]  I  caught 
one  point,  only,  in  the  discussion,  and  that  was  the  statement  of  my  friend 
from  White  [Mr.  Cypert],  regarding  the  insanity  of  the  gentleman  from 
(  no  ) 


Feb.  12th.]  ARKANSAS  COXSTITUTIOXAL  COXVEXTIOX.  [29th  Day. 


Female  Suffrage.— DALE— WILSOX. 


Chirk.  The  gentleman  from  AVhite  admitted  he  had  said  the  latter  gen- 
tleman was  crazy  ;  but  says  he  was  just  in  fun.  AVell,  we  frequently  see 
men,  crazy  themselves,  get  in  fun  with  others,  and  think  that  the  others 
are  crazy.  I  have  seen  this  difficulty  for,  lo,  these  many  weeks — I  have 
seen  that  certain  gentlemen  occupying  seats  on  this  floor,  were  really  and  in 
fact  fitter  subjects  for  the  Insane  Asylum  than  for  certain  other  places  that 
mio'ht  be  mentioned.  In  illustration  of  this  fact.  I  will  refer  to  the  dis- 
cussion  on  the  night — I  believe  it  was — of  the  11th,  on  the  adoption  of  the 
Constitution,  as  conducted  by  the  gentleman  from  Ashley  [^Ir.  Moore.] 
Is  the  gentleman  here? 

Mr.  KYLE  \in  his  seat]  Xo,  sir. 

Mr.  DALE.  I  am  not  in  the  habit  of  speaking  of  men,  or  their  actions, 
when  they  are  not  present.  However,  the  gentleman  from  Ashley  should 
be  in  his  place.  Having  participated  in  that  discussion,  he  should  be  here 
at  all  times,  ready  to  hear  .and  answer  anything  that  may  be  said  in  regard 
to  the  remarks  he  made.  And  as  this  is,  as  I  said,  a  sort  of  free  fight,  I 
propose  to  notice  some  remarks  made  by  the  gentleman  from  Ashley,  on 
that  occasion. 

He  gets  up  out  here  [in  the  aisle] — and,  in  fact,  he  got  so  close  to  me 
that  I  had  some  thought  of  retreating, — and  says:  "  This  is  a  monstrous 
thing  I"  "  Mr.  President,  we  have  assembled  here  to  fraiiie  an  organic 
law;  and  I  must  say  that  sucli  men  should  never  have  polluted  the  soil  of 
Arkansas  Xow,  sir,  I  would  gladly  have  had  the  gentleman  from  Ash- 
ley go  on  and  define  whom  he  alluded  to — what  individuals,  or  what  class 
of  individuals,  he  intended  to  describe; — whether  he  meant  that  class  of 
persons  who  stand  here  as  the  representatives  of  the  loyal  element  of 
Arkansas,  or  those  of  the  disloyal  element  of  the  State.  I  say  I  would 
gladly  have  had  him  define  more  particularly  the  class  to  which  he  referred', 
if  he  intended  to  make  his  remark  personal,  or  desired  that  it  should  be 
taken  up.  But  I  must  say  that  such  men  never  should  have  polluted  the 
soil  of  Arkansas — such  men  as  constitute  

Mr.  T\HLSOX.  I  rise  to  a  point  of  order.  Is  the  gentleman  debating 
the  question  before  the  Convention  ?  • 

The  PRESIDEXT  jrro  tempore  [Mr.  Duvall.]  The  Chair  is  disposed  to 
allow  a  tolerably  large  scope  in  the  discussion  of  this  matter. 

Mr.  DALE.  I  desire  to  know  whether  the  loyal  people  of  Arkansas  are 
to  be  trampled  under  foot — crushed  under  the  heel  of  these  Rebel  despots, 
slanderers,  and  traducers:  or  whether  the  loyal  people  of  Arkansas  are  to 
be  treated  with  common  decency,  by  gentlemen  occupying  a  place  only 
co-equal  with  themselves  upon  this  floor.  I  desire,  sir,  to  know  if  the 
loyal  people  of  Arkansas  will  tamely  submit  to  this  kind  of  traduction 
and  slander.  (I  hope  the  Jack-in-the-box  will  not  jump  up,  presently,  again. 
[Laughter.]    I  thought  I  might  be  permitted  to  go  on  and  say  what  I 

)  ■ 


1868.] 


DEBATES  AND  PEOOEEDmGS  OF  THE  [Wednesday, 


Female  Suffrage.— DALE. 


wish  ;  and  if  I  am  so  permitted,  I  shall  say  it  in  my  own  way,  and  leave 
all  who  choose,  to  draw  their  own  inferences.) 

Mnch  has  been  said,  on  this  floor,  as  to  the  time  and  manner  of  gentle- 
men's coming  to  Arkansas.  I  wish  to  say,  for  myself,  that  I  came  by  way 
of  the  various  battle-fields.  I  fought  my  way  down  here,  through  blood. 
I  found  my  way  down  here  by  hewing  my  path  through  the  ranks  of 
rebels — these  men  who  have  devastated  the  country,  who  have  trampled 
the  flag  under  their  feet.  I  wish  I  had  the  Journal  of  the  Convention  of 
1861  here;  I  would  read  some  few  lines  for  the  benefit  of  certain  gentle- 
men on  this  floor,  who  talk  about  their  opinion  that  such  men  should 
never  have  polluted  the  soil  of  Arkansas!"  Polluted  and  disgraced  the 
soil  of  Arkansas !  I  did  not  come  here,  sir,  with  a  roll  of  money  in  my 
pocket,  and  a  fine  gold  watch,  to  give  to  any  cut-throat  or  assassin,  to  pro- 
cure his  services  to  murder  some  man  who  had  fought  like  a  brave  soldier, 
throughout  the  war,  in  the  Confederate  army.  I  did  not  come  here  with 
means.  I  was  not  so  fortunate  as  to  have  means.  I  might  say,  however, 
without  fear  of  successful  contradiction  on  this  floor,  that  at  the  com- 
mencement of  the  war  I  was  somewhat  more  fortunate,  in  point  of  means, 
than  I  now  am.  But  whatever  I  may  have  had,  that  cuts  no  figure  in  this 
case — it  is  gone  long  since.  When  the  Kebels  took  Baton  Rouge,  they 
stole  over  seven  thousand  dollars  from  me;  when  Price's  forty  thousand 
thieves  invaded  Missouri,  they  took  the  balance,  be  it  much  or  little.  I 
came  here  with  neither  the  pecuniary  ability  nor  the  good  will,  to  employ 
men  capable  of  bushwhacking  my  neighbors,  i^either,  when  I  came  down 
here,  sir,  did  I  come  with  the  expectation  that  when  I  raised  my  voice  in 
favor  of  reconstruction,  in  favor  of  the  old  flag,  I  would  be  hunted  down 
by  those  murderous  cut-tln^oats,  thieves,  and  robbers,  whose  hands  are  red 
with  loyal  blood. 

I  did  Y\6t  expect  when  I  came  to  this  State,  that  I  would  meet,  in  this 
hall,  a  dirty  traducer  of  common  decency,  who  would  publish  a  notice  that 
"  the  gentleman  from  Independence  had  walked  across  the  country,  but 
that,  if  reports  were  true,  he  would  ride  into  the  city."  Let  me  tell  the 
gentlen^ei^of  the  "  Gazette,"  that  they  are  in  no  danger.  Their  stock  is 
in  no  danger.  I  am  not  in  the  habit  of  riding  jackasses ;  when  I  ride,  I 
ride  fine  stock — I  ride  the  noble  Arabian.  Let  me  tell,  you,  sir,  that  that 
concern  need  have  no  fears  of  me;  they  have  no  stock  that  I  would  stop 
to  catch  to  ride,  if  I  were  in  a  hurry.  I  have  been  watching  these  fellows, 
sir;  and  I  have  been  terribly  frightened  !  This  miserable  sheet,  sir,  has 
been  paying  its  compliments  to  every  decent  man  on  this  floor,  except 
myself;  and  that  is  the  only  notice  they  have  given  me.  I  would  be  op- 
posed, under  almost  any  circumstances,  to  expelling  any  reporter  of  any 
public  journal,  from  any  deliberative  body;  but  I  do  say,  and  do  think, 
that  when  men  are  admitted  to  the  floor  of  a  legislative  assembl}^,  for  the 
(  712  ) 


Feb.  12th.]  AEKAXSAS  COySTITrTIOXAL  COXTEXTIOX.  [29ih  Day. 


Female  Surrage.— DALE. 


purpose  of  enaljliug  tlieni  to  report  the  proceedings  and  conduct  of  the 
body,  at  least  they  ought  to  keep  somewhere  iu  the  region  round  about 
the  bounds — in  the  edge  of  the  territory — of  truth  and  common  decency. 
So  far  as  I  myself  am  concerned,  all  I  have  to  say  as  to  the  reflections 
cast  tipon  me.  is  this.  In  the  commencement  of  the  war  I  entered  the 
service.  I  have  never  held  a  commission.  This  is  the  first  ofiice  I  ever 
held  in  my  life.  I  have  carried  my  musket  and  knapsack  through  heat 
and  cold,  mud  and  rain  : — I  underwent  as  many  privations,  perhaps,  as  any 
man  of  my  physical  abilities  and  age  could  undergo  and  live.  I  have,  in 
common  with  others,  divided  my  last  cracker  with  those  who  were  driven 
out  from  their  homes  and  country  by  this  very  class  of  men  of  whom  this 
dirty,  filthy,  foul-mouthed  journal  is  the  political  representative,  [Laughter.] 
I  say  I  never  held  an  ofiice.  in  my  life,  before  this. — if  this  can  be  called 
an  office.  I  do  not  know  that  I  shall  ever  hold  another  ;  and  it  matters 
very  little  to  me  whether  I  do  or  nor.  I  can  make  my  way.  I  havc  made 
my  way.  I  have  gone  through  the  war.  and  have  come  out  alive.  I  have 
an  honorable  discharge  from  the  service  of  my  country.  Tne  United 
States  Government  has  been  paying  me,  for  years,  for  hiding  just  such 
men.  [Laughter.]  And  whilst  I  do  not  demand  one  sinode  drop  of 'blood 
for  vengeance,  yet  if  it  be  necessary,  for  the  protection  of  the  lives,  prop- 
erty, and  character  of  loyal  men  in  Arkansas,  let  this  Arkansas  Elver's 
banks  overflow  with  if!  Let  these  gentlemen  undertake  the  game  they 
threatened  us  with  the  other  night ! 

Sir.  let  us  see  what  has  been  said  on  this  subject,  by  the  other  gentleman 
from  Ashley  [Mr.  Xorman.]    I  cpaote  his  language  : 

••  By  accident  we  are  in  the  minority  here  ;  but  there  are  twenty  thousand 
registered  white  voters  at  our  back,  who  will  follow  us  througli  all  danger.'' 

Yes,  sir  !  This  gentleman  from  Ashley  comes  up  here  and  menaces  this 
body,  and  the  loyal  people  of  Arkansas,  with  the  threat  that  they — we  " — 
the  gentleman  from  Ashley — the  leaders  of  the  --Trhite  Man's  Party  " — 
are  backed  by  twenty  thousand  white  registered  voters,  and  that  we  must 
beware  where  we  put  our  feet !  Let  me  teil  those  gentlemen,  the  repre- 
sentatives of  that  party,  beware,  yourselves,  where  you  put  \/our  feet ! 
move  slow! — for  I  sttbmit  that  there  is  danger  here — there  are  torpedoes 
all  around  here  !  Inaugurate  this  game,  and  some  men  will  get  hurt  I 
[Laughter.]  I  tell  you,  Mr.  President  and  gentlemen  of  the  Convention, 
I  say  to  this  whole  country. — let  them  dare  to  fire  a  gun,  where  I  live 
[Laughter],  and  neither  man,  house,  nor  barn  shall  be  left.  I  know,  sir, 
that  my  death-warrant  has  been  in  the  hands  of  the  assassins,  for  more 
than  two  years.  Those  same  men,  those  same  ctit-throats  and  murderers, 
those  same  thieves  and  robbers,  have  surrounded  my  house,  time  and  again, 
and  formed  conspiracies,  fifty  and  sixty  of  them  in  a  gang,  for  the  purpose 

(  T13  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS'  OF  THE  [Wednesday, 


Female  Suffrage.— DALE. 


of  murdering  me  and  my  loyal  neighbors;  and  I  dare  the  "Gazette"  to 
deny  it — I  will  prove  it.  Those  same  men  who  robbed  their  neighbors  of 
their  horses,  of  their  cattle,  of  their  monej^  and  even  robbed  women  and 
children  of  their  half-worn  clothing,  are  our  neighbors — we  live  right 
among  them.  They  admit  that  during  the  war  nobody  ever  heard  of  a 
loyal  man  stealing  an3^thing.  They  admit  that  when  we  were  all  gone 
within  the  Federal  lines,  and  there  were  no  loyal  men  in  that  country, 
there  was  ten  times  as  much  stealing,  in  that  country,  as  there  ever  was 
before  or  since.  Maybe  the  "  Gazette  "  will  deny  that!  But,  some  way 
or  another,  it  so  happened  that  as  soon  as  the  war  was  over, — as  soon  as 
the  rebels  had  stolen  everything,  and  there  was  nothing  left  to  steal  [Laugh- 
ter], and  the  loyal  people  began  to  return  to  their  homes,  the  rebels  be- 
came exceedingly  honest,  and  the  Union  men  turned  in  to  stealing  every- 
thing! It  so  happened,  however,  that  in  the  part  of  the  State  where  I 
live,  there  has  never  been  a  man  caught  with  a  stolen  horse,  yet,  but  he 
was  a  rebel.  Just  so  sure  as  a  horse  was  stolen,  in  that  country,  and  the 
thief  was  caught  on  his  back,  that  thief  was  a  rebel.  Yet  the  loyal  men 
do  all  the  stealing  ! 

Why,  sir,  during  the  late  canvass  they  stopped  for  nothing.  We  may 
expect  to  meet  them  in  like  manner,  in  a  contest  on  kindred  subjects,  in 
the  coming  canvass.  They  stop,  I  repeat,  at  nothing.  'No  falsehood,  no 
traduction,  no  villainy,  was  too  low  for  them  to  descend  to,  in  order  to 
defeat  reconstruction,  to  defeat  the  call  for  a  convention,  or  to  defeat  an 
individual  candidate.  Their  representative  men  come  up  to  this  Conven- 
tion, and  declare,  in  the  first  place,  that  they  are  Union  men — they  are  for 
the  old  Constitution — they  are  for  the  Union ;  and  then  they  oppose  every 
means  of  our  getting  back  into  that  Union  which  they  love  so  dearly! 

I  am  reminded,  Mr.  President,  by  this  reference  to  the  course  of  men 
who  in  one  breath  are  for  the  Union,  and  in  the  next  against  it,  of  that  of 
the  honorable  gentleman  from  Bradley  [Mr.  Bradley],  the  other  night — 
I  mean  the. steamboat-captain  [Laughter] — the  man  who  doesn't  deal  in 
small  things.  I  wish  I  had  here  the  Journal  of  the  celebrated  Convention 
of  '61 ;  I  w^ould  read  to  the  Convention,  from  a  paper  purporting  to  have 
been  sent  in  to  that  body  by  the  honorable  Governor  of  the  State  of  Ar- 
kansas, announcing  the  fact  of  the  capture  of  a  couple  of  steamboats, 
down  about  J^apoleon  somewhere,  and  giving  an  invoice  of  their  freight, 
with  a  statement  of  their  capacity  to  run  on  certain  rivers,  and  of  their 
usefulness;  as  well  as  of  the  fact  that  certain  individuals  about  Pine  Bluff 
'  had,  of  their  own  volition,  captured  certain  property,  which  he,  the  Execu- 
tive, had  thought  proper  to  apply  to  public  use, — part  of  which  property 
consisted  of  certain  stores,  containing,  with  the  rest,  certain  cavalry  equip- 
ments, etc.  I  had  been  inclined  to  think,  before  I  read  that  record,  that 
there  had  been  none  of  this  jayhawking  done  in  Arkansas,  but  that  it  was 
(  714  ) 


Feb,  12th.]  AEKAIS^SAS  CONSTITUTIONAL  CONTENTION.  [29th  Day. 


Female  Suffrage.— DALE— CYPERT—MOOEE. 


confined  to  the  N'orthern  border,  where  the  Missoiirians,  as  was  said,  had 
all  come  over  the  line  and  committed  this  deviltry — I  understood  that 
there  were  no  bad  men  in  Arkansas,  at  that  time,  thus  demonstrating  that 
all  the  bad  men  had  come  in  since.  But  it  proves  that  they  had  extended 
their  perambulations  to  Pine  Bluff;  and  instead  of  stealing  cattle  and 

horses,  they  went  into  it  by  the  steamboat-load.  

Mi\  CYPERT.  I  understood  they  stole  steam-mills,  and  steam-engines. 
[Laughter.] 

Mr.  MOORE.  One  man  certainly  stole  a  steam-engine. 
Mr.  GANTT  [in  his  seat]  Forges,  too. 

Mr.  DALE.  I  wouldn't  venture  to  deny  anything  of  the  kind; — if  there 
was  anything  that  that  horde  of  Confederate  cut-throats  wouldn't  steal, 
you  couldn't  get  anybody  to  do  it.  [Laughter.]  Their  first  salutation,  when 
they  met  you,  was, — "Your  pocket-book!  I  have  an  order  for  it." 
[Laughter.]  Hand  that  up,  and  think  you  would  get  out  of  the  scrape 
thus  easily — "  I  have  an  order  for  your  coat!"  This  begins  to  kind  of 
shuck  the  fellow  off,  and  the  thief  observes  that  there  is  no  hole  in  the 
seat  of  his  breeches;  and  he  has  another  order  for  the  breeches;  and  in 
order  to  get  them  off  he  has  to  pull  off  the  man's  boots.  [Laughter.]  "  0, 
yes — I  forgot  that — I  have  an  order  for  your  boots!"  And  they  come  up 
here  and  talk  to  loyal  men,  men  governed  by  the  principles  of  honor;  and 
undertake  to  class-lead  us! — these  men — I  believe  I  heard  a  phrase  used, 
the  other  day,  that  is  very  applicable  here — "  there  are  better  men  in  hell, 
than  the  best  of  them.'.'  They  talk  to  us,  and  undertake  to  class-lead  us,  in 
the  principles  of  common  decency  and  honor  !  Sir,  the  gentleman  from 
Bradley  [turning  round],  I  see,  is  not  present. 

Mr.  MOORE  \jvho  had  entered  the  hall,  and  sat  immediately  in  rear  of  Mr. 
Bradley's  place,  replied,  from  his  seat  .•] — I  am. 

Mr.  DALE.  I  am  glad  you  are  here.  N^ow,  you  hold,  while  I  skin,  and 
I'll  hold  while  you  skin,  sir!  [Great  laughter.] 

I  was  about  to  say  that  the  gentleman  from  Bradley  [Mr.  Bradley] 
undertook,  in  his  remarks  the  other  night,  to  quote  some  Scripture — these 
fellows  are  great  fellows  for  Scripture,  now,  and  "  Constitution,"  and 
"  Union,"  and  "  flag."  I  heard  him  say  something  to  the  effect  that  when 
your  enemy  smote  you  on  one  cheek  you  should  turn  to  him  the  other 
also.  I  looked  up  at  him  and  said  to  myself, — I  wonder  if  you  haven't 
been  in  such  a  scrape,  lately.  Judging  from  appearances,  I  should  sup- 
pose he  had  just  been  turning  first  one  cheek  and  then  the  other,  to  his 
enemy.  [Laughter.] 

N'ow  [to  31r.  Moore],  I  have  turned  down:  and  now  I  will  turn  up  on 
you. — [Searching  among  his  papers.]  Just  hold  on,  Mr.  President, — I 
am  in  no  hurry  here.  I  have  been  taking  things  easy,  ever  since  the  war 
commenced — and  it  is  not  done  yet,  for  I  am  told  the  great  battle  of  Hot 

(  m  ) 


1868.] 


DEBATES  AND  PEOCEEDHSTGS  OF  THE  [Wednesday, 


Female  Suffrage.— DALE. 


Springs  has  just  come  off.  [Laughter.]  Ah  !  I  have  found,  at  last,  my 
notes  of  the  gentleman's  remarks.  "  Are  they  not  ashamed  of  them- 
selves?" I  can't  squeal  it  out  exactly  as  the  gentleman  from  Ashley  [Mr. 
Moore]  can.  "  I  am  ashamed  that  such  an  instrument  should  be  thrust 
upon  the  people  of  Arkansas."  "  Thrust  upon  them  !"  [Laughter.]  "  Thrust 
upon  the  people  of  Arkansas  !"  [Renewed  laughter.]  I  reckon  somebody 
else  is  ashamed  that  something  else  was  thrust  at  them !  I  wonder  if  the 
gentleman  from  Ashley  expects  to  scare  anybody  here.  I  wonder  if  any 
one  else  on  that  side  of  the  house  expects  to  scare  the  loyal  men  of  Arkan- 
sas. If  they  do,  all  they  have  got  to  do,  is  to  "pitch  in,  dirty-face;"  and 
if  we  don't  take  the  starch  out  of  their  collars,  it  is  our  fault.  They  have 
"twenty  thousand  registered  white  men  that  will  stand  at  thair  backs!" 
Now,  Mr.  President,  let  us  reason  on  that  subject,  a  little.  [Laughter.] 
Suppose  they  have  them,  and  that  they  are  registered.  Suppose  they 
have  twenty  times  twenty  thousand,  and  all  registered,  and  "  white  men" 
— as  they  reiterate  in  every  speech.  They  want  it  distinctly  understood 
that  they  are  white  men.  Sir,  men  who  believe  the  truth  of  what  they 
are  saying,  are  not  going  to  talk  about  it  so  much.  I  don't  doubt  that  a 
good  many  of  those  cut- throats  were  white  outside;  but  I  found  a  good 
deal  of  black  by  cutting  into  the  inside.  The  black  is  inside.  Ashamed 
of  ourselves!  Sir,  a  man  who  can  take  it  upon  himself,  after  having  op- 
posed every  institution  of  the  country,  except  that  of  slavery,  and  its  per- 
petuation, and  the  degradation  of  white  men,  and  its  perpetuation,  to 
adopt  this  style  of  rebuke  to  the  representatives  of  the  loyal  people  of  the 
State,  ought  to  be  ashamed  of  himself.  "  I," — the  gentleman  from  Ashley, 
the  representative  of  the  Rebel  element  of  Ashley  County,  the  representa- 
tive man  of  that  class  of  men  who  stood  behind  the  doggery,  and  fired 
salutes  in  honor  of  a  Confederate  victory,  at  the  late  election  there, — "am 
ashamed  that  such  an  instrument  should  be  thrust  upon  the  people  of 
Arkansas!"  That  is  to  say,  it  is  a  shame  that  such  an  instrument 
should  be  thrust  upon  "  us," — the  aristocracy,  the  brains,  the  literati  of 
Arkansas!  "We,"  the  great  "people  of  Arkansas!"  "We,"  the  old 
settlers !  These  carpet-sack  men  dare  to  come  in  and  settle  in  this  State  ! 
Let  me  tell  the  gentleman  from  Ashley,  that  the  days  of  '61  and  '62  have 
passed,  here.  He  is  four  or  five  years  behind  the  times.  And  now,  for 
the  benefit  of  the  gentleman  from  Ashley,  and  all  of  that  class,  I  will  say, 
that  we  mean  to  stay  here.  We  came  here  to  stay,  and  we  mean  to  stay. 
We  not  only  mean  to  stay  here,  ourselves,  but  we  are  going  to  procure 
an  immigration  hither.  Yes,  sir,  we  are  going  to  immigrate  a  horde  of 
these  live  Yankees  and  black  Dutch,  into  this  country.  We  are  going  to 
break  up  this  old,  time-honored  system,  that  they  talk  about.  We  are 
going  to  overthrow  this  great  system  of  instruction  that  they  have  had. 
We  are  going  to  overthrow  the  magnificent  system  of  internal  iraprove- 
(  716  ) 


Feb.  12th.]  AEKAXSAS  COXSTITUTIO:NrAL  COXYE^^TION.  [29th  Day. 


Female  Suffrage.— DALE. 

ment,  that  thej'  have  had  here.  We  are  going  to  throw  over  the  fence 
these  old-fashioned  shovel-ploughs,  and  introduce  the  new  instruments 
"'from  the  [N'orth  !" — (sonorously  speaking).  In  five  ^^ears  from  to-day,  ask 
one  of  these  gentlemen  if  he  was  one  of  those  who  engaged  in  denouncing 
these  men  from  the  is^orth,''  and  he  will  want  to  kill  you.  Say  to  one  of 
them,  now, — "I  don't  believe,  much,  in  you — you  were  a  rebel,  and  I  can't 
place  much  confidence  in  your  political  integrity  and  moral  honesty;"  and 
he  just  cuts  up  and  dusts  all  around — he  never  was  a  rebel — he  was  a  Con- 
stitutional Union  man — he  was  conscripted  !  (Follow  one  of  these  fellows 
that  was  conscripted,  and  you  will  find,  in  nine  cases  out  of  ten,  that  he 
"  conscripted  "  everybody's  pocket-book,  that  he  could  get  hold  of.  It  is 
true,  the  rebels  did  now  and  then  get  a  Union  man;  but  they  had  to  grab 
pretty  quick,  when  they  caught  him,  for  he  was  pretty  sure  to  just  pitch 
headlong  into  the  brush,  when  they  came  along.)  Yes,  sir;  I  would  like 
to  ask  the  gentleman  from  Ashley,  whilst  he  is  expressing  his  indignation 
and  shame  that  such  an  instrument  should  be  thrust  down  the  throats  of 
the  people  of  Arkansas, — how  he  feels  on  the  subject  of  the  Ordinance  of 
the  6th  of  May,  1861.  I  wonder  if  he  is  ashamed  of  that  instrument.  I 
reckon  not.  He  is  only  ashamed  that  they  were  not  able  to  sustain  their 
cause.  I  wonder  if  the  gentleman  is  ashamed  of  the  action  of  his  Legisla- 
ture, away  back  in  1856,  when  they  passed  a  law  that  if  any  free  man  of 
color  failed  to  leave  the  State  in  si^^ty  days,  or  so,  he  should  be  sold.  I 
wonder  if  he  is  ashamed  of  that.    0  no  ! 

I  must  now  let  my  friend  rest  a' little  while;  for  he  has  been  holding, 
and  you  know  how  hard  it  is  to  hold  an  awkward  ox  while  you  skin  him 
alive.  I  hope  he  will  return  me  the  compliment,  and  let  me  rest  now  and 
then,  when  he  gets  up. 

I  must  now  for  a  moment  notice  my  friend  from  White  County.  (But 
first  let  me  take  some  water  on  the  subject;  for  an  old  friend  of  mine  told 
me  he  was  in  favor  of  water  in  these  cases,  and  thought  they  should  be 
baptized,  when  they  became  thoroughly  converted.  I  don't  know  but 
water  would  do  in  some  cases;  but  in  this  case  I  would  circumcise  them.) 
]N"ow,  let  us  try  to  dispatch  this  affair,  in  as  short  metre  as  possible,  with 
my  friend  from  White — I  believe  he  is  from  White — he  is  a  small  man — 
I  have  forgotten  his  name,  but  you  will  be  able  to  know  him.  When  he 
came  to  this  Convention,  he  Avas  in  tolerably  fair  order — not  well  grown, 
however.  I  supposed  he  was  a  shoat  that  had  grown  up  without  corn, 
when  there  was  no  mast,  in  the  dry  season  of  the  year,  and  had  been 
somewhat  stunted.  The  man  that  undertakes  to  follow  this  gentleman  on 
any  particular  line,  is  going  to  be  lost;  for  the  gentleman  goes  in  every 
conceivable  direction,  and  ends  nowhere.  However,  I  must  extend,  to 
my  friend,  my  heartfelt  sympathies;  for  I  believ»e  that  he  is  a  gentleman, 
in  his. personal  demeanor,  courteous  and  civil  towards  all  of  whom  he  has 

(  TU  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Pemale  Sufi'rage. — DALE. 


a  high  opiDion.  [Laughter.]  (Let  us  take  some  more  water.  Every  time 
I  use  that  name,  the  gall  and  wormwood  comes  up,  and  I  have  to  take  a 
drink  of  water.  Booh!  Bitter!)  I  say  this  gentleman  travels  in  every 
direction,  and  ends  nowhere.  He  has  been  dashing  around,  until  I  really 
feel  to  sympathize  with  him.  He  seems  to  have  been  in  a  great  deal  of 
trouble,  from  the  day  he  came  here  till  the  Elephant  passed  the  Convention. 
He  has  been  nervous,  and  ha's  exhibited  something  of  a  tendency  to  pugi- 
listic proclivities.  I  learned  this  morning,  for  the  first  time,  what  was  the 
matter  with  the  purp — the  man  has  gone  crazy.  That's  what's  the  matter 
with  him ;  and  I  only  found  it  out  this  morning,  and  wouldn't  have  be- 
lieved it  had  it  come  to  me  from  any  other  source  than  himself.  I  couldn't 
have  believed  it.  He  is  a  nice-looking  gentleman,  to  look  at ;  only  he  has 
become  very  thin — he  looks,  since  the  Constitution  passed,  as  if  he  were 
seventy-five  years  old.  And  now,  I  would  suggest  to  the  gentleman's  po- 
litical friends, — I  mean  the  "  White  Man's  Party," — that  they  raise  a  sub- 
scription, and  pension  him ;  for  if  ever  any  little  man  has,  in  a  small  way, 
to  carry  out  small  measures,  worked  for  a  party,  in  a  body  of  this  kind, 
he  has;  and  I  think  the  laborer  is  worthy  of  his  hire — I  believe,  though, 
that  is  a  Scripture  phrase,  and  if  there  is  any  minister  present,  I  beg  par- 
don,— I  am  not  in  the  habit  of  talking  ministerial  language.  I  am  glad 
to  see  the  gentleman  in  his  place;  for  he  is  a  personal  friend  of  mine; 
though  I  must  confess  he  did  not  entertain  a  yery  elevated  opinion  of  me 
when  I  came  here,  and  said  to  me,  indeed,  "I  must  regard  you,  from  what 
I  have  heard,  as  being  a  very  vindictive  man."  But  he  will  talk  with  me 
sometimes,  and  did,  yesterday,  shake  hands  with  me;  and  I  believe  he  will 
do  it  again — if  I  ask  him. 

'Now  that  I  have  noticed  thi^ee  or  four  of  these  gentlemen,  individually, 
I  wish  to  call  your  attention,  sir,  to  one  characteristic  of  their  party,  in  this 
house.  Did  you  notice,  throughout  all  our  deliberations,  how,  whenever 
the  negro  question  came  up,  they  pounced  upon  it,  and  spurned  it,  and  how 
awfully  ruinous  and  vulgar  they  thought  it  to  so  much  as  talk  about  a  negro 
voting.  But  did  you  see,  when  the  darkeys  voted  with  them,  as  they  did 
the  other  day,  how  these  gentlemen  did  cheer — Whoo!  [Laughter] — "  0 
— Grey  and  White  are  sensible,  decent  men — they  are  gentlemen.'^  But, 
when  the  same  men  voted  the  other  way,  they  would  exclaim — "  Ugh ! 
the  woolly-headed  niggers !  If  they  would  get  out  of  there  and  go  to  work, 
they  wouldn't  come  so  near  starving."  Well,  I  will  not  say  that  is  not  so. 
But  I  will  ask  you  if  any  man  of  sane  mind  will  put  himself  in  such  an 
awkward  position  as  that  which  these  gentlemen  have  assumed.  When 
the  darkeys  voted  on  their  side,  in  carrying  any  motion,  even  to  adjourn,  it 
seems  to  raise  them  up — they  are  glorified,  they  feel  like  hallooing  "  Hal- 
lelujah!  Glory  to  God!  The  niggers  area  great  people!  sensible,  de- 
cent, smart,  good-looking.  Christians,  and  educated  gentlemen  !"  When 

(  ) 


Feb.  12th.]  AEKAXSAS  COXSTITUTIOXAL  GOXYEXTIO^^.  [29th  Day. 


Female  Suffrage. — DALE. 


thev  vote  against  them — Oh  I  they're  a  damned  set  of  niggers  I  I  can't 
bear  'em  near  me — I  can't  bear  the  smell  of  'em  !"  [Laughter.]  Sir,  can 
any  man  of  sense — I  mean,  anv  sane  man,  for  they  are  as  sensible  as  any 
men,  so  unsound  in  intellect  as  they  are,  can  be — be  guilty  of  such  incon- 
sistency? They  start  out  in  every  direction — as  the  gentleman  from 
White  does, — and  end  nowhere.  I  would  be  g'lad  if  some  one  would  tell 
me,  from  the  action  of  the  Opposition,  which  side  they  are  on.  Ty^hich 
side  of  the  question  are  they  really  on?  I  don't  believe  any  one  will  tell 
me.  In  my  judgment,  as  soon  as  the  negroes  vote  the  Republican  ticket, 
they  will  be  nothing  but  "  damned  niggers,"  with  these  gentlemen ;  but 
if  they  should  ever  turn  over  and  vote  the  Democratic  ticket — the  "'White 
Mair's  ticket," — they  will  again  become  Christians,  and  gentlemen  of  refine-, 
ment.  I  don't  believe  there  is  a  neo;ro  in  Arkansas  that  is  fool  enouo;h  to 
follow  after  any  such  class  of  politicians.  They  don't  believe  this  stuff. 
They  have  sense  enough,  I  think,  to  know  who  are  their  friends.  They 
do  know  who  is  in  favor  of  universal  suffrage,  universal  freedom,  and 
universal  responsibility.  These  are  the  relations  of  these  gentlemen  to 
the  colored  members  of  this  Convention:  and  just  such  would  they  be  to 
the  whole  colored  population  of  the  State.  Let  those  people  vote  against 
them,  and  there  is  no  contempt  or  denunciation  too  bitter:  let  them  vote 
idth  the  same  men,  and  tbey  suddenly  become  patriots  and  gentlemen. 

But,  oh  I  the  gentleman  from  Ashley  is  so  ashamed,  that  the  likes  of 
this  Constitution, — this  miserable  document  that  guarantees  to  all  men 
in  Arkansas  ecpial  rights,  and  imposes  upon  all  equal  responsibilities, — 
should  be  thrust  down  the  throats  of  the  literati  I  These  gentlemen 
who  have  been  for  two  hundred  vears — thev  and  their  ancestors — livins: 
upon  the  sweat  and  blood  of  their  fellow-men  !  I  wonder  if  there  was 
ever  an  overseer  on  anybody's  plantation  I  Sir,  let  me  say  to  you  that  a 
man,  or  any  set  of  men,  opposed  to  universal  freedom,  and  the  universal 
rights  of  man,  in  the  most  extensive  sense — politically  speaking,  any  such 
man  is  only  fit  for  a  slave-driver,  or  a  butcher,  or  a  cut-throat.  I  don't 
doubt,  sir,  that  that  kind  of  men  differ  from  me  with  regard  to  this  point; 
I  don't  doubt  that  they  believe  they  are  the  better  sort  of  folk:  and  I 
really  believe  they  do  think  so.  I  do  not  know  vdiether  the  gentleman 
from  Ashley  will  condescend  to  notice  any  remarks  which  I  may  have  • 
made — I  very  much  doubt  it:  for  I  am  sure  that  had  I  no  more  elevated 
opinion  of  him  and  his  part}'  than  he  seems  to  have  of  the  party,  or  of 
the  motives  which  actuate  the  party,  to  which  I  belong,  I  would  not  con- 
descend to  notice  anything  he  said. 

♦  I  had  begun  to  pay  my  compliments  to  the  gentleman  from  Bradley, 
when  the  associations  connected,  with  his  name  led  me  into  another  course 
of  remark  from  what  I  had  intended :  and  I  now  return  to  him,  for  a  mo- 
ment.   I  say,  the  gentleman  from  Bradley — I  wouldn't  mention  any  man's 

(  T19  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 


Female  Suffrage.— DALE. 


name,  for  any  consideration;  for  he  might  find  it  out,  and  hokl  me  "re- 
sponsible." I  am  Sony  the  gentleman  is  not  here;  for  I  wanted  to  hear 
one  of  those  grand,  eloquent  strains  of  his.  I  had  a  notion,  the  other  day, 
to  bring  forward  a  resolution  proposing  that  this  Convention  telegraph, 
right  off,  to  have  the  gentleman's  name  "written  on  the  firmament  of 
heaven,  in  letters  of  fire,"  as  large  as  those  on  the  wheel-house  of  the 
steamboat  he  stole  [Great  laughter] — I  believe  that  is  about  three  feet 
and  a  half  Sir,  I  was  not  green  enough,  although  I  did  come  down  here 
from  the  mountains  of  Arkansas,  to  believe  in  the  loyalty  of  any  such 
men  as  the  gentleman  from  Bradley.  The  first  time  be  made  a  speech,  I 
said, — "  He  has  gone  over,  neck  and  heels,  boots  and  spurs,  to  the  Rebels." 
"  0,  no  !"  said  some  gentlemen  who  had  more  universal  charity  than  I  (and 
that  is  too  much,  so  far  as  Rebels  are  concerned — I  think  I  have  exactly 
enough,  and  very  little  at  that) — "  0,  no !  don't  say  anything — let's  get 
him  by  the  arm  and  pull  him  along."  I  said, — "Kick  him  out !  he  is  bound 
to  go,  any  way."  Sure  enough,  over  he  went.  I  pointed  out  several 
other  individuals,  who,  I  was  satisfied,  would  abandon  us  in  the  end;  and 
in  that  respect  I  proved  a  political  prophet.  I  don't  care,"  I  said,  "what 
these  gentlemen  think  thej^are  going  to  do — I  smell  the  smell  of  a  skunk  ! 
I  know  they  believe  that  upon  the  issue  they  will  come  up  all  right;  but 
they  don't  know  themselves — when  it  comes  to  the  hard  pinch,  the  tngof 
war,  they  will  go  over  to  the  enemy — you  won't  find  them  on  hand."  And 
so  it  has  proved. 

I^ow  let  me  wind  up  by  telling  these  gentlemen,  and  the  honorable 
President,  that  I  expect  to  go  home,  from  here ;  and  when  I  go,  I  am  going 
to  take  all  the  necessary  risks  in  the  case,  to  canvass  all  the  region  of 
country  on  the  i^orthern  border  of  Arkansas.  I  am  going  to  turn  over 
every  stone ;  I  don't  mean  to  leave  any  honorable  means  untried,  that  are 
in  my  power,  to  carry  the  Constitutional  election,  and  the  general  ticket. 
If  I  shouldn't  be  fortunate  enough  to  be  able  to  buy  a  horse  for  the  canvass, 
I  shall  do  as  I  have  done  before.  Since  I  have  lived  in  Arkansas,  although. 
I  have  been  running  the  shebang — the  head  of  it,  in  my  section,  it  is  said, 
— I  have  not  yet  been  able  to  buy  a  horse.  I  raise  my  crops,  and  do  my  mill- 
ing, a-riding  on  a- bull;  and  it  is  said,  Mr.  President,  that  it  is  the  best- 
trained  and  most  intellectual  animal  in  ITortli  Arkansas.  They  do  say  that 
he  will  put  his  fore-feet  on  the  top  of  a  stump,  and  bellow  "  Rally  round 
the  fiag,  boys !"  and  that  he  will  take  a  three-bushel  sack  of  corn  on  his 
back  and  walk  a  log  across  Polk  Ba^^ou.  [Laughter.]  I  can't  say  whether 
that  is  true,  or  not;  but  he  is  the  bull  that  butted  the  Rebels  ofi:'  the  bridge, 
at  the  last  canvass  in  Independence  County  [Renewed  laughter] ;  and  hJ 
is  the  one  that  I  expect  will  do  it  again  in  the  coming  canvass.  He  is  the 
animal  known  as  the  Bull  of  the  Woods  of  ISTgrthbrn  Arkansas.  If  I 
can't  do  any  better,  I  am  going  to  ride  my  bull  again ;  and  I  tell  you  no 
(  720  ) 


Feb.  12th.]  AEKAN'SAS  CO^^"STITUTIO^^AL  COjSTYENTIO^^.  [29th  Day. 


Pemale  Suflfrage.— DALE. 


rebel  bull  will  run  against  him  !  Or,  if  I  can't  do  any  better,  I  will  do  as 
I  have  done  twice  before — I  will  walk,  and  canvass  the  country  in  that 
way.  I  am  not  afraid  of  these  fellows  killing  me;  'and  I  will  tell  you  the 
reason  why.  We  have  convinced  them,  on  that  point.  We  convinced 
them,  on  the  night  of  the  24th  of  last  January,  that  it  was  dangerous  to 
suck  rotten  eggs  in  that  country,  any  more.  [Laughter.]  That's  what's 
the  matter !  I  am  not  afraid  of  their  assassinating  me.  The  time  was  ; 
but  it  is  no  more.  I  expect  to  canvass  my  friend's  County  [pointing  to  the 
seat  of  Mr.  Duvall,  of  Lawrence],  where  the  noble,  the  honorable,  the 
brave  Douthit  could  not  live.  And  I  have  no  fear  of  those  fellows;  though 
they  have  a  warrant  for  me,  that  is  signed,  sealed,  and  delivered,  they 
dare  not  execute  it.  They  know  they  dare  not;  they  know  there  would 
be  neither  house  nor  barn  nor  man  spared.  So  they  can  just  pitch  in,  as 
soon  as  they  please ;  and  the  sooner  the  better,  for  this  war  has  got  to  be 
ended  some  day,  and  I  don't  believe  it  will  be  ended,  in  our  part  of  the 
State — write  that  down,  Mr.  Gazette  [to  the  reporter  of  the  "  Gazette"], 
for  I  want  it  to  be  known  that  until  the  dogma  that  the  Rebels  preached 
through  the  war  is  carried  out — the  only  dogma  they  ever  preached  that  I 
believe  the  truth  of,  and  that  is,  that  the  loyal  men  and  rebels  canH  live  together 
in  that  country — until  that  is  carried  out,  I  doubt  if  we  shall  have  any  peace. 
Write  it  down  ! — I  want  them  to  know  it.  And  write  it  down  that  if  they 
think  otherwise  than  we  do,  if  they  think  they  can  drive  us  again,  all  they 
have  to  do  is  to  try  it  on.  And  if  they  do  try  it  on,  saj^  to  them  we 
shall  know  who  will  go  next  time,  and  when  they  go  we  shall  know  who 
will  come  back !  We  shall  know  ^tho  will  come  back !  We  have  left 
that  country  for  the  last  time,  Mr.  President!  Our  wives  and  children 
were  robbed  and  beggared,  their  fences  burned,  their  houses  unroofed,— 
they  were  expelled  from  the  country,  and  when  leaving  it  for  the  Federal  lines 
they  were  overhauled  again,  by  the  notorious  guerilla  and  cut-throat,  Bar- 
ney Ford.  Ask  Barney  Ford  how  he  comes  to  be  in  Texas,  will  you!  and 
he  will  tell  you  what's  the  matter  with  the  hound.  We  were  again  pur- 
sued, and  robbed  a  second  time ;  and  the  Federal  forces  had  to  send  out  a 
scout  and  bring  the  refugees  to  Bolla,  where  they  arrived  in  a  starving 
condition.  Their  clothes,  their  beds,  their  w^agons,  their  teams — they  had 
to  take  them  all,  in  order  to  escape  persecution  in  Arkansas.  If  these 
Eebels  think  they  can  run  our  wives  and  children  otf  again,  tell  them  [to 
the  reporter  of  the  "Gazette"]  all  they  have  to  do  is  to  try  it — publish  it, 
and  just  furnish  me  a  few  copies,  and  I  w^ill  take  them  over  there  and 
placard  them  up  about  the  country.  I  have  their  letters  in  my  pocket, 
stating  that  if  I  have  not  been  already  despatched,  on  my  way  to  Little 
Eock,I  will  be  if  I  ever  go  back  again.  I  am  going  back  again;  and  we 
shall  see  a  thing  or  two  !  I  am  not  afraid  of  those  fellows  assassinating 
me.    ISoi  that  I  don't  believe  they  would  willingly  do  it.    I  expect  to  go 

46  (  721  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Female  Suffrage.— DALE. 


back  to  Hookrum,  and  preach  another  sermon  to  them.  I  am  the  only 
man  that  ever  did  preach  them  a  Republican  sermon  in  Hookrum ;  and  I 
have  preached  two.  T^hc}^  swore,  both  times,  they  would  kill  me  if  I  came; 
and  I  went ;  and  I  am  going  back  there  again.  Douthit  was  a  large  square- 
built  man  ;  I  am  more  slim,  and  not  so  easily  hit — they  don't  care  so  w^ell 
about  striking  a  blow  at  me. 

I  must  not  close  till  I  shall  have  referred  to  one  other  matter.  Sir,  I  voted 
Aye,  on  the  adoption  of  the  Constitution.  I  voted  Aye  because  I  believed 
that,  taking  the  Constitution  as  a  whole,  so  to  vote  was  the  best  thing  I 
could  do.  ]^ot  that  it  was  all  that  I  desired,  in  all  of  its  parts;  but  as  a 
whole,  I  thought  it  best  to  vote  for  it.  I  have  no  apologies  to  make  about 
my  vote,  even  to  my  own  constituents;  for  they  told  me  to  do  the  best  I 
could,  and  I  have  done  it.  In  casting  that  vote,  however,  I  took  occasion 
to  make  a  few  remarks  in  explanation  of  my  course  ,in  so  doing;  all  of 
which  I  shall  perhaps  have  placed  upon  the  record,  and  perhaps  not.  One 
of  the  most  serious  objections  that  I  had  to  the  Constitution,  was  to  those 
features  in  relation  to  the  franchise,  so  much  complained  of  by  my  friends 
on  the  other  side  of  the  house.  (I  say,  my  friends.  I  have  no  reason  to 
believe  they  are  my  personal  enemies,  at  all.  I  do  not,  of  course,  mean, 
political  friends.)  And  the  same  reasons  which  they  assigned  for  oppos- 
ing that  feature  of  the  Constitution,  constitute  some  of  those  which  I 
assign  for  the  opposite  course.  They  say  it  is  too  strong — that  it  disfran- 
chises too  many.  My  objection  to  it,  was,  that  it  was  too  weak.  And  I 
will  take  this  occasion  to  tell  these  gentlemen  how  I  saved  as  much  of  its 
bacon  as  I  did.  If  the  Convention  had  held  on  a  little  longer,  I  would 
have  had  them  fixed  just  to  my  notion.  When  I  came  here,  I  came  with 
that  measure  lying  close  to  my  heart.  I  labored,  day  and  night,  for  two 
or  three  weeks,  in  support  of  it.  But  upon  talking,  around,  with  the  dele- 
gates from  the  difierent  counties — the  Republican  delegates,  of  course,  for 
I  was  afraid  to  speak  to  a  Rebel,  on  the  subject, — I  could  find  no  two  or 
three  agreeing  on  the  same  measures  with  myself.  There  were  very  few 
who  would  talk  about  going  any  further  than  the  Congressional  plan — as 
they  called  it.  But  after  having  labored  for  nearly  two  weeks,  and  feel- 
ing ever  so  much  dejected — for  I  had  almost  lost  all  hope  of  succeeding  in 
accomplishing  anything, — these  very  gentlemen  came  to  the  rescue;  and 
I  will  here  take  occasion  to  apprise  them  of  the  fact.  By  their  unreason- 
able attacks  upon  the  motives  that  actuated  the  course  of  the  Republican 
wing  of  this  Convention,  by  their  unbounded  traduction  of  the  character 
and  honesty  of  that  portion  of  the  body,  by  allusions  to  matters  and  things 
that  they  ought  to  blush  to  talk  about,  now — for  things,  three  or  four  years 
ago,  looked  right  ugly  on  their  side, — the  boys  that  were  once  in  blue  be- 
came sore.  These  gentlemen,  in  short,  acted  as  firemen,  and  all  I  then 
had  to  do  was  to  stand  at  the  safety-valve  and  let  on  the  steam,  and  she 
(  722  ) 


Feb.  12th.]  AEKA]S"SAS  COKSTITUTIOI^AL  CO^^YENTIOISr.   [29lh  Day. 


Female  Suffrage.— DALE. 


went  ahead,  of  her  own  volition.  And  had  they  been  permitted  to  pro- 
ceed for  two  weeks  longer,  I  would  not  only  have  disfranchised  them,  but 
would  have  confiscated  the  last  foot,  save  homestead,  of  rebel  property  in 
the  State,  and  have  had  it  provided  that  from  the  proceeds  of  the  sales  of 
the  lands  of  those  rebels  who  have  caused  the  expulsion  from  the  State, 
and  broken  up  and  ruined  the  prospects,  of  those  loyal  men,  thousands  of 
whom  are  in  their  graves,  and  their  widows  and  orphans  almost  perish- 
ing,— that  from  the  proceeds  of  the  sales  of  the  lands  of  the  men  who  have 
worked  all  this  mischief,  every  loyal  man  in  Arkansas  should  be  indemni- 
fied for  his  losses  arising  from  spoliations  committed  by  the  rebels;  and 
not  only  for  losses  in  dollars  and  cents,  but  for  all  the  damage  received, — 
damage  often  far  greater  than  that  occasioned  by  the  mere  dollars  and 
cents  lost.  These  friends  of  mine,  however,  chose  to  shut  down  the 
machine  a  little  too  soon.  Had  they  permitted  it  to  go  a  little  longer, 
I  would  have  held  the  safety-valve,  and  gone  clear  through.  I  asked 
only  two  more  weeks,  to  have  accomplished  all  that  I  desired. — If 
the  Constitution  is  proscriptive,  whom  have  they  to  thank  for  it?  I 
repeat,  that  when  I  came  here  I  could  not  find  three  men  in  the  Conven- 
tion, to  agree  with  me. — I  wonder  who  else  feels  ashamed,  now  !  I  don't. 
I  really  feel  under  obligation  to  the  gentlemen ;  for  when  it  was  a  struggle 
for  life  or  for  death,  with  me,  when  I  was  about  to  go  under,  and  had  no 
friends  to  help  me,  these  gentlemen  came  up  to  the  rescue;  and  if  there 
is  anybody  in  Arkansas  that  feels  aggrieved  in  consequence  of  any  provis- 
ions of  this  disfranchisement  clause,  they  have  me,  and  these  rebels  in 
this  Convention,  to  thank  for  it,  and  nobody  else. 

I^"ow,  sir,  I  will  explain  my  position  in  regard  to  the  term  "  rebel." 
Bear  in  mind,  that  in  speaking  of  politics  I  never  allude  to  individuals. 
When  I  say  "  rebels,"  I  mean  m.en  who  support  those  measures  which  the 
rebels  advocated,  and  which  those  men  yet  advocate  who  are  hanging  on 
to  the  old,  dilapidated,  rotten  institution  of  slavery.  I  do  not  mean  that 
this  gentleman,  or  that  one,  or  that  one,  is  individually  a  rebel;  I  mean 
that  they  are  acting  in  support  of  those  measures  most  calculated,  in  their 
nature,  of  all  other  things,  to  bring  on  the  consequences  they  intended 
should  grow  out  of  the  rebellion, — destruction  to  all  the  best  interests  of 
the  country,  and  the  annihilation  of  loyalty,  and  of  the  ^Government  of 
the  United  States.  That  is  what  I  mean.  I  do  not  mean  that  these  gen- 
tlemen, individually,  are  rebels.  I  believe  they  are  craz}^ ;  and  I  propose, 
now,  that  some  gentleman  who  has  brains  enough  to  devise  the  proper 
ways  and  means,  draw  up  an  ordinance  providing  for  the  erection  of  an 
insane  asylum,  for  the  accommodation  of  men  who  shall  come  to  the  Con- 
vention, or  to  the  Legislature,  hereafter,  and  thus  grossly  misrepresent  the 
principles  of  those  who  sent  them  here.  I  do  not  mean  my  friend  from 
Ashley  [Mr.  Moore];  because  I  believe  he  is  representing  the  members- 

(  728  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Compensation  and  Mileage  of  Stenographer — Adjournment  sine  die. 


of  the  party  that  sent  him  here.  But  I  do  say  that  other  men,  who  were 
elected  as  the  representatives  of  the  loyal  element,  and  who  take  part  with 
that  gentleman  and  his  friends,  in  their  action  upon  this  floor,  should  be 
sent  to  an  asylum,  and  put  under  treatment.  I  believe  my  friend  from 
Ashley  has  acted  conscientiously,  in  this  matter.  I  believe  he  is  in  favor 
of  all  those  destructive  principles  that  were  incorporated  into  the  plan  of 
rebellion.  I  believe  he  is  honestly  in  favor  of  them, — that  they  lie  near 
his  heart, — that  he  is  the  true  representative  of  that  element  of  society 
which  sent  him  here, — that  element — I  don't  care  whether  they  had  blue 
or  gray  clothes — which  stood  behind  the  grocery  and  fired  salutes  in 
honor  of  the  Conservative  victory. 

With  these  few  remarks,  I  propose  to  retire  from  the  floor ;  and  when 
it  suits  my  friend  from  Ashley,  I  hope  he  will  permit  me  to  just  hold  his 
leg  while  he  skins.  [Laughter.]  I  may,  however,  have  occasion,  after  he 
is  through,  to  criticize,  somewhat,  his  mode  and  manner  of  executing  this 
kind  of  surgical  operation. 

Mr.  BROOKS.  I  do  not  wish  to  interrupt  the  performances,  if  gentle- 
men are  anxious  to  continue  them ;  but  as  it  is  now  dinner-time,  I  would 
be  gratified  to  have  the  consideration  of  the  subject  at  present  before  the 
Convention,  suspended  in  some  form  or  other.  If  laid  upon  the  table,  it 
could  subsequently  be  taken  up. 

The  PRESIDETsTT.  It  is  moved  to  lay  the  subject  upon  the  table. 

The  question  was  taken ;  and  the  motion  was  agreed  to. 

COMPENSATION  AND  MILEAGE  OF  STENOGRAPHER. 

Mr.  BROOKS  ofi*ered  the  following  order: 

Ordered :  That  the  Stenographic  Reporter,  in  addition  to  his  compensation 
for  services  in  reporting  the  debates  and  proceedings  of  the  Convention,  be 
allowed  compensation,  at  his  usual  professional  rates,  for  the  length  of  time 
actually  and  necessarily  consumed  in  travelling  to  and  from  the  session  of  the 
Convention,  and  mileage,  at  the  rate  of  ten  cents  per  mile,  for  each  mile  neces- 
sarily travelled. 

The  question , was  taken ;  and  the  order  was  unanimously  passed. 

ADJOURNMENT  OF  THE  CONVENTION,  SINE  DIE. 

Mr.  HODGES,  of  Pulaski,  offered  the  following  resolution : 

Resolved:  That  in  case  this  Convention  is  not  called  together  by  the  Presi- 
dent, or  one  of  the  Yice-Presidents,  as  contemplated  in  resolution  upon  ad- 
journment, passed  by  this  Convention  on  Januar}^  31st,  A.D.  1868,  within  one 
year  from  the  date  of  said  adjournment,  it  shall  stand  adjourned  sine  die. 

The  question  was  taken ;  and  the  resolution  was  adopted. 
(  724  ) 


Feb.  12th.]  AEKAXSAS  COXSTITUTIOyAL  COyVEyTIOX.  [29th  Day. 


Audit  of  Accounts  of  Convention — The  Constitution. — 3IcC0WZn  . 


AUDIT  OF  ACCOrXTS  01  THE  COXVEXTIOX. 

Mr.  MAS  OX  moved  that  thie  Conventiou  proceed  to  appoint  a  commit- 
tee of  five,  to  audit  the  acconuts  of  the  Conventiou.  viz..  the  per  diem  and 
mileage  of  member?,  the  per  diem  of  Sergeants-at-Arms.  Doorkeepers, 
Secretaries.  Pages,  and  other  expenses  proposed  to  be  paid  out  of  the 
seventy-five  thousand  dollars  appropriated,  by  the  Convention,  to  defray 
its  expenses. 

Mr.  MAS  OX  said  :  My  reasons  for  making  this  motion  are  : 

First,  to  keep  out  any  unreasonable  and  unjust  accounts. 

Second,  to  facilitate  and  hasten  the  issuing  of  certificates  to  members  of 

the  Convention,  in  order  that  they  may  be  able  to  draw  their  per  diem 

and  mileage. 

Third,  because  I  believe  that  vre  should  do  this  as  a  matter  oi  jusiice  to 
ourselves,  and  of  respect  for  our  peopU. 

Fourth,  as  a  Convention,  we  know  nothino;  about  our  expenses,  except 
the  per  diem  and  mileage  of  members.  Secretaries,  Pages,  Sergeants-at- 
Arms,  and  Doorkeepers. 

I  believe,  Mr.  President,  that  it  would  not  be  convenient  to  have  all  ac- 
counts of  expenditures  brouglit  before  the  Convention  at  this  time,  and 
for  these  reasons  have  asked  for  the  appointment  of  a  committee,  in  order 
that  we  may  save  time,  and  get  through,  here,  as  quickly  as  possible.  I 
really  hope  tliat  the  Convention  will  appoint  a  committee  tor  this  purpose. 

I  might  give  you  many  other  reasons,  but  I  hope  tliat  the  necessity  oi  the 
case  is  patent  to  all  of  you,  without  them. 

Mr.  HODGES,  of  Pulaski.  I  would  suggest  that  all  gentlemen  have 
drawn  their  mileage,  and  have  their  pay  in  their  pockets:  and  if  any  one 
has  overcharged,  he  will  have  to  be  responsible  to  his  constituents,  and  to 
nobody  else.  Constituents  vfill  hold  their  representatives  responsible  for 
the  taxes  imposed  ;  and  if  any  overcharge  has  been  made  by  any  member, 
I  am  entirely  in  favor  of  such  gentlemen  having  to  answer  to  their  con- 
stituents.   I  am  therefore  opposed  to  the  resolution. 

Mr.  MASOX.  I  am  not  opposed  to  the  payment  of  mileage,  but  wish  to 
get  through  with  our  business  as  soon  as  we  can. 

Mr.  HODGES,  of  Pulaski.  I  move  that  the  resohition  lie  upon  the  table. 

The  question  was  taken  :  and  the  motion  was  agreed  to. 

THE  COXSTITTTIOX — AGAIX. 

Mr.  McCOTTX.  I  will  file  with  the  Secretary,  in  the  form  of  a  protest, 
my  explanation  of  my  vote  upon  the  Constitution. 


1868.]  DEBATES  AND  PEOCEEDHSTGS  OF  THE  [Wednesday, 

The  Constitution.— McCOWN. 


Mr.  McCowN  then  read  the  following  paper,  which  he  asked  to  have 
spread  upon  the  Journal  : 

Mr.  President:  I  am  unwiUing  to  record  my  vote  on  the  pending  question^ 
without  explanation.  I  have  many  objections  to  the  proposed  Constitution. 
I  shall  not  state  all.    Among  them  are  the  following: 

1st.  The  apportionment,  and  manner  of  electing  the  General  Assembly, 
meets  with  my  most  positive  disapprobation.  Tbe  innovation  upon  long-estab- 
lished usage,  is  too  sudden  and  too  great.  Permitting  the  people  of  one  county 
to  elect  a  representative  for  another,  may  produce  much  local  mischief,  and 
can  do  no  possible  good. 

2d.  Against  a  portion  of  the  franchise,  I  beg  leave  to  enter  my  most  solemn 
and  earnest  protest.  I  felt  that  I  had  made  a  long  stride,  when  I  could  con- 
sent to  enfranchise  that  portion  of  our  male  citizens  so  recently  emerged  from 
bondage ;  and  I  thought,  and  still  think,  that  charity,  and  every  spirit  of  com- 
promise, should  not  have  sought  to  withhold  it  from  those  who  lost  everything 
in  a  ruinous  struggle,  and  now  come  back,  in  good  faith,  to  renew  their  alle- 
giance to  the  Federal  Government.  For  myself,  while  extending  suffrage  to 
the  one  class,  I  could  not  have  it  in  my  heart  to  disfranchise  those  men  who 
could  have  been  no  more  guilty  than  myself,  and  are,  perhaps,  no  less  repentant. 
It  would  be  unnatural  and  cruel  in  me  to  propose  the  disfranchisement  of 
those  who  have  shared,  with  me,  the  perils,  and  privations,  and  hardships  of 
war.  In  ray  heart  of  hearts,  I  love  them.  I  cannot  help  it.  I  would  not,  if  I 
could.  And  I  desire  that  they  should  love  the  Government,  and  be  treated 
with  every  possible  clemency. 

3d.  I  had  hoped  that  provision  would  be  made  for  separate  schools.  I  think 
the  necessity  growing  out  of  our  state  of  society,  and  our  habits  of  thought, 
and  the  difference  of  races,  makes  it  imperative.  But  I  would  not  have  asked 
more  money  to  be  appropriated  to  the  one  than  the  other. 

4th.  I  object,  most  seriously,  to  that  portion  of  the  Constitution  which  pro- 
vides for  only  a  poll-tax  for  school  purposes;  and  I  do  not  think  the  financial 
system,  proposed,  will  be  a  success. 

5th.  That  portion  of  the  Constitution  which  provides,  as  I  understand  it, 
that  no  person  but  electors  shall  be  qualified  to  sit  upon  juries,  strikes  at  the 
very  foundation  of  a  republican  government.  It  denies  to  the  citizen  the 
right  to  be  tried  by  his  peers.  It  might  be  the  means,  in  the  midst  of  a  great 
excitement,  of  causing  the  most  irreparable  wrong.  I  desire  to  record  my 
strongest  disapprobation  of  it. 

6th.  I  object  to  that  portion  which  gives  unlimited  interest  to  the  money 
loaned  in  these  hard  times,  when  our  people  are  staggering  under  an  accumu- 
lated load  of  debt  and  misfortune.  With  the  additional  weight  of  two  bad- 
crop  years  upon  them,  their  necessities  put  them  in  the  hands  of  the  merciless 
money-changers ;  and  their  whole  property  may  be  swallowed  up,  and  they 
reduced  to  that  most  miserable  of  all  bondage,  that  of  enslavement  to  their 
creditors.  It  will  divert  capital  from  public  improvement,  and  put  it  in 
the  channel  of  private  speculation  and  individual  oppression. 
(  726  ) 


Feb.  12th.]  AEKAXSAS  COXSTITUTIOXAL  COXYE^^TIOX.  [29th  Day. 


Certificates  of  Par  and  Mileage.— HODGES  of  Pulaski— GAXTT. 


7th.  I  object  to  the  banking  system  incorporated  in  the  Constitution ;  bat 
have  not  limit  to  state  my  views  thereon. 

And  yet.  with  all  these  objections  staring  me  in  the  face,  when  I  think  what 
this  Constitution  has  cost  us, — say  seventy-five  thousand  dollars, — with  no 
hope  of  getting  a  better,  and  with  the  possibility  of  getting  a  worse  one,  and 
one  hundred  thousand  dollars  more  of  expense,  if  the  matter  were  re-opened.— 
when  I  think  of  this,  I  say,  and  of  the  abject  poverty  of  the  people,  and  of 
their  yearning  for  permanent  peace,  and  a  refuge  from  constant  and  indefi- 
nable dreads — and  when  I  think  that  these  obnoxious  things  may  be  changed, 
and  must  be  changed,  hereafter, — I  am  constrained  to  vote  Yea.  In  voting, 
then,  I  simply  desire  that  the  Constitution  may  go  before  the  people;  and  if 
they  dislike  it.  let  them  spurn  and  tread  it  under  their  feet.  If  they  approve 
and  endorse  it,  I  shall  be  content.  I  can  live  under  it,  with  them,  and  bear 
my  portion  of  the  burdens  or  calamities  it  may  entail,  or  share  whatever  of 
blessings  it  may  bring.  But.  taken  as  a  whole,  if  freed  from  these  objections, 
I  regard  it  as  decidedly  the  best  Constitution  ever  ofiered  to  our  people. 

George  W.  ]\IcCowx. 

CERTIFICATES   OF  PAY  AND  MILEAGE. 

Mr.  HODGtES,  of  Pulaski,  mov*ed  that  the  Convention  adjourn  to  10, 
A.M.,  of  Thursday,  February  13th. 

Mr.  GA^TT  asked  that  the  motion  might  be  withdrawn,  to  enable  him 
to  offer  an  inquiry  concerning  members'  certificates  of  pay  and  mileage. 

Mr.  HODG-ES  not  insisting  upon  his  motion, 

Mr.  GAXTT  said  that  some  members  desired  to  return  to  their  homes 
before  the  time  of  adjournment  of  the  session,  and  some  question  had 
been  suggested  as  to  their  title  to  certificates.  He  had  understood  that 
the  certificates  were  to  be  issued  in  alphabetical  order.  That  course 
was  not  pursued.  There  might  be  some  reason  for  the  departure  from 
that  order;  if  so,  he  wished  to  know  it.  He  desired,  also,  an  understand- 
ing how  the  certificates  were  payable. 

The  PEESIDEXT  replied,  that  the  certificates  were  endorsed,  in  sub- 
stance, as  payable  out  of  any  funds,  arising  from  taxation,  that  might 
come  into  the  Treasury  after  the  date  of  passage  of  the  "Ordinance 
raising  revenue." 

Mr.  GAXTT  then  insisted  upon  information  as  to  the  departure  from 
alphabetical  order,  in  making  out  the  certificates. 

Mr.  HODGES,  of  Pulaski,  stated  that  he  had  called  for  his  own  cer- 
tificates, and  was  unable  to  obtain  them,  for  the  reason  that  his  name  had 
not  been  reached  in  alphabetical  order. 

Mr.  GAXTT  said,  his  name,  and  that  of  the  gentleman  from  White 
[Mr.  Ctpert],  were  before  that  of  the  gentleman  from  Pulaski  [Mr. 
Hodges];  and  they  had  neither  of  them,  as  yet,  been  able  to  obtain  their 

(  727  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Certificates  of  Pay  and  Mileage— Leaves  of  Absence.— HODGES— GANTT—CYPEKT. 


certificates,  though  some  had  been  issued  to  gentlemen  whose  names  began 
with  the  letters  W  and  S. 

Mr.  JOHI^SO^T  made  a  similar  complaint. 

The  PRESIDE^TT  stated  that  he  had  just  signed  certificates  for  certain 
gentlemen  whose  names  were  on  the  earlier  portion  of  the  alphabetical 
list,  which  certificates  had  been  presented  to  him  in  alphabetical  order. 

LEAVE  OF  ABSENCE. 

Mr.  CYPERT  asked  leave  of  absence,  to  take  effect  on  the  morrow 
morning. 

CERTIFICATE  OF  PAY  AND  MILEAGE — RESUMED. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  gentleman  from  White  [Mr. 
Cypert]  be  granted  leave  of  absence,  and  that  the  Secretary  be  instructed 
to  issue  his  certificate  at  once;  and,  further,  that  the  Secretary  be  permitted 
to  issue  at  once,  to  any  member,  desiring  leave  of  absence,  his  certificate. 

Mr.  GrA]N^TT  said  he  expected,  if  possible,  to  leave  in  the  morning,  as 
his  presence  was  required  at  the  session  of  the  courts  in  which  he  practised. 
He  did  not  want  the  money  upon  his  certificate,  but  only  desired  to  know 
if  it  would  be  so  endorsed  that  he  could  get  the  money  from  the  Sherifl'  of 
his  County. 

*  The  PRESIDENT.  The  Chair  understands,  from  a  statement  of  the 
Treasurer,  that  the  certificates  would  be  receivable  for  taxes.    The  Chair 
had  no  certain  information  on  the  subject. 
Mr.  MOORE.  I  know  it. 

LEAVES  OF  ABSENCE — AGAIN. 

Messrs.  MOORE,  NORMAN",  BRADLEY,  MATTHEWS,  PUNT- 
NEY,  DUYALL,  HICKS,  and  ADAMS,  respectively,  in  person  or  by 
Mr.  Moore,  asked  that  their  names  might  be  included  in  the  motion  oftered 
by  Mr.  Hodges  of  Pulaski,  granting  leave  of  absence  to  Mr.  Cypert,  and 
providing  for  the  immediate  issue  of  certificates  of  pay  and  mileage  to 
members  receiving  such  leave. 

Mr.  HODGES,  by  consent,  so  amended  his  motion  as  to  include  the 
names  of  these  gentlemen,  and  proposed  to  include,  also,  that  of  Mr. 
Gantt,  who  had  expressed  a  desire  to  return  home  on  the  morrow. 

Mr.  GANTT.  I  want  no  leave  of  absence.  I  am  going  to  stay  until  the 
Convention  shall  adjourn.  I  am  going  to  discharge  my  duty  as  a  delegate 
in  full. 

Mr.  CYPERT  explained  that  a  failure  to  get  away  on  the  morrow  would, 
by  causing  him  to  lose  a  trip  of  the  steamboat,  detain  him  for  a  week 
(  728  ) 


Feb.  12th.]  AEKAl^^SAS  COJ^STITUTIO^^AL  COlSrYEI^TIOlSr.  [29th  Day, 


Leaves  of  Absence.— DUVALL— HICKS— BEOOKS—GANTT—CTPEET—HINKLE. 


longer.  It  was  absolutely  necessary  that  he  should  speedily  return  home; 
and  the  delay  of  a  week  would,  m  view  of  the  immediate  adjournment 
of  the  Convention,  cause  him  disproportionate,  and  too  great,  inconve- 
nience. 

Mr.  DUYALL  stated  that  he  was  similarly  situated,  and  that  a  failure 
to  leave  the  City  in  the  morning,  would  subject  him  to  a  detention  of  a 
week. 

Mr.  HICKS  said  he  would  withdraw  his  request  for  leave  of  absence, 
and  remain  until  Saturday. 

Mr.  BROOKS  said  he  would  like,  in  all  cases  where  leave  of  absence 
was  desired,  to  know  why  leave  was  wanted.  The  reason  offered  by  one  or 
two  gentlemen,  that  a  failure  to  leave  the  city  on  the  morrow  must,  by 
causing  them  to  lose  one  trip  of  a  steamboat,  occasion  the  delay  of  a  week, 
might  be  deemed  satisfactory.  He  w^as,  however,  opposed  to  beginning 
the  system  of  granting  leave  to  every  gentleman  whose  private  affairs  might 
render  his  presence  at  home  desirable.  If  that  constituted  sufficient  ground 
for  leave  of  absence,  no  doubt  the  entire  Convention  might  with  equal  pro- 
priety be  excused. 

Mr.  GAIN'TT  agreed  with  the  gentleman  from  Phillips  [Mr.  Brooks.] 
Members  of  the  Convention  owed  a  duty  to  themselves,  their  constituents, 
and  to  the  State ;  and,  for  himself  individually,  he  should  oppose  any  grant 
of  leave  of  absence.  He  intended  to  remain,  and  do  his  duty,  whether 
for  weal  or  for  woe.  Let  the  result  be  as  it  might,  he  intended  to  stay 
here,  and  discharge  the  functions  of  his  position,  in  accordance  with  the 
dictates  of  his  better  judgment.  It  would  be  grateful  to  him  to  have  the 
privilege  of  going  home,  for  his  business  was  suffering  from  his  absence ; 
but  he  did  not  ask  it,  and  did  not  think  it  ought  to  be  asked. 

Mr.  CYPEBT  said  he  could  not  see  that  he  could  be  of  any  service  to 
the  Convention.  Its  business  was  about  finished,  and  it  would  probably 
adjourn  to-morrow.  Detained,  as  he  would  be,  for  a  week  longer,  unless 
he  should  obtain  immediate  leave,  he  trusted  the  Convention  would  gratify 
his  request. 

Mr.  BBOOKS  moved,  as  an  amendment  to  the  motion  before  the  Con- 
vention, that  gentlemen  who  should  obtain  leave  of  absence,  should  have 
their  accounts  drawn  up,  and  should  draw  pay  for  such  length  of  time  as 
they  should  remain. 

The  PBESIDE]S"T.  That  is  already  settled. 

The  question  was  then  taken ;  and,  a  division  being  called  for,  the  mo- 
tion was  agreed  to,— Ayes  31,  'Noes  19. 

Pending  the  vote : 

Mr.  HI^sTKLE  objected  to  the  reception  of  the  vote  of  any  gentleman 
named  in  the  motion. 

(  729  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE.  [Wednesday, 


Final  Adjournment—Eecess.—EEYNOLDS—McCLUEE— HODGES  of  Pulaski. 


Mr.  BROOKS  said  it  was  a  matter  of  taste,  whether  such  gentlemen 
should  or  should  not  vote. 

Mr.  GrAFTT  asked  to  have  entered  upon  the  records  his  protest  against 
.  the  granting  of  the  leaves.    He  could  not  regard  it  as  right. 

Mr.  MONTGOMEEZ  desired  that  his  protest,  also,  against  the  grant  of 
any  leaves  of  absence,  should  be  entered  upon  the  record. 

The  vote  was  then  announced  as  above. 

FINAL  ADJOURNMENT. 

Mr.  REYN'OLDS  moved  that  the  Convention  adjourn,  si7ie  die,  at  twelve 
o'clock,  noon,  of  the  morrow. 

The  PRESIDEJSTT  decided  the  motion  to  be  out  of  order. 

Mr.  REY^TOLDS  said  he  would  modify  his  motion,  so  as  to  provide  that 
the  Convention  adjourn  at  twelve  o'clock,  noon,  of  the  morrow, — in  ac- 
cordance with  the  resolution  of  the  Convention, — subject  to  the  call  of  the 
President. 

The  PRESIDEIsTT  suggested  that  the  words,  "  or  Vice-Presidents,"  be 
added. 

Mr.  REYI^OLDS  said  he  intended  his  motion  to  be  for  adjournment  of 
the  Convention  in  accordance  with  existing  resolutions  on  the  subject, 
whatever  they  might  be. 

Mr.  HODGES,  of  Pulaski,  said  he  presumed  that  the  Convention  would 
adjourn  whenever  its  business  should  be  finished,  and  he  presumed  that 
the  business  would  be  finished  on  the  morrow ;  but  if  it  should  not  be, 
it  would  certainly  not  be  desirable  to  adjourn. 

Mr.  REYNOLDS  said  that  it  would  be  in  the  power  of  the  Convention, 
at  any  time,  to  change  the  date  of  adjournment. 

RECESS. 

Mr.  McCLURE  suggested  that  the  Convention  adjourn  to  two  o'clock, 
P.M.,  and  that  such  members  as  might  desire  to  sign  the  Constitution  do  so 
in  the  afternoon. 

Mr.  REYI^OLDS  did  not  believe  the  proposition  to  be  germain  to  his 
own.    It  was  for  a  recess. 

The  PRESIDEN"T  decided  that  a  motion  for  adjournment  to  two  o'clock 
would  not  be  in  order. 

Mr.  REYNOLDS  did  not  question  that  such  a  motion  would  be  in  order 
as  a  separate  proposition,  but  not  as  an  amendment  to  his  own. 

The  PRESIDENT  said  that,  by  consent  of  the  Convention,  the  sugges- 


(  V30  ) 


Feb.  12th.]  AEKAISTSAS  C0I^STITUTI0:NAL  CO^TYENTION.  [29th  Day. 


Absentees— Revocation  of  Leaves  of  Absence.— McCLUEE— HODGES  of  Pulaski. 


tion  would  be  treated  as  a  motion  for  a  recess  to  two  o'clock,  p.m.,  at  which 
time  those  desiring  to  sign  the  Constitution  should  do  so. 

So  the  question  was  taken  ;  and  the  motion  was  agreed  to. 
The  Convention  thereupon  took  a  recess  to  2,  p.m. 


AFXERIsrOO]:^  SESSIOK 
At  2,  P.M.,  the  Convention  was  called  to  order. 

ABSENTEES — REVOCATION  OF  LEAVES  OF  ABSENCE. 

Mr.  McCLUEE' offered  the  following  resolution  : 

Resolved  :  That  the  Sergeant-at-Arms  be  directed  to  bring  in  all  absent  mem- 
bers of  the  Convention,  and  that  leaves  of  absence,  heretofore  given,  are  hereby 
revoked. 

Mr.  HODGES,  of  Pulaski,  hoped  the  resolution  would  not  be  adopted. 

Mr.  McCLUEE  advocated  the  adoption  of  the  resolution.  He  was 
advised  that  some  thirty  members  of  the  Convention  proposed  to  leave  the 
city;  and  he  had  heard  it  asserted  that  if  leave  were  not  granted,  they  pro- 
posed to  leave  in  any  event — that  they  had  remained  here  "just  as  long 
as  they  were  going  to  remain."  Some  of  these  gentlemen  said, — ''The 
Constitution  is  adopted — we  may  as  well  go  home,  now,  as  to  stay  here — 
we  are  doing  no  good."  He  thought  the  statement  was  probably  true ; 
but  the  Convention  must  be  governed  by  some  general  rule.  Another 
portion  proposed  to  go  home  and  say, — "The  Constitution  is  adopted,  and 
the  party  in  power  in  the  Convention  are  remaining  there,  uselessly,  at 
an  expense  to  the  State,  of  ten  or  twelve  hundred  dollars  per  day — we  have 
discharged  our  duty,  and  have  gone  home."  Such  gentlemen  as  desired 
to  make  that  kind  of  capital  for  themselves,  he  supposed  would  oppose 
the  resolution.    He  wanted  all  to  stay,  or  none. 

Mr.  HODGES,  of  Pulaski,  was  in  favor  of  so  much  of  the  resolution  as 
should  provide  that  no  more  leaves  of  absence  be  granted,  and  that  any 
member  absent  without  leave  should  be  sent  for;  but  be  was  not  in  favor, 
after  leaves  of  absence  had  been  granted,  of  revoking  the  leave,  and  send- 
ing the  Sergeant-at-Arms  in  search  of  gentlemen,  who,  under  permission 
of  the  Convention,  bad  started  for  home. 

Mr.  McCLUEE  [in  his  seat]  said  that  none  of  those  gentlemen  were  in 
the  City. 

Mr.  HODGES  said  that  if,  as  be  supposed,  the  Convention  bad  work 

(  731  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Wednesday, 


Eevocation  of  Leaves  of  Absence.— GENERAL  DEBATE. 


yet  to  do,  he  proposed  to  set  to  work,  and  would  do  so  by  oflering  a  reso- 
lution. 

Mr.  BROOKS  called  for  a  division  of  the  question.  He  would  cheer- 
fully vote  for  a  portion  of  the  resolution ;  but  he  certainly  could  not  favor 
the  recall  of  leaves  of  absence  once  granted,  or  the  virtual  arrest  of  gentle- 
men who  had  simply  acted  upon  those  leaves. 

Mr.  HODGES,  of  Pulaski,  moved  to  amend  the  resolution,  so  as  to  pro- 
vide only  that  no  more  leaves  of  absence  be  granted,  and  that  the  Ser- 
geant-at-Arms  be  sent  for  such  members  as  were  absent  without  leave. 

Mr.  MOITTGOMERY  moved  that  the  amendment  he  on  the  table. 

Mr.  HODGES,  of  Pulaski,  seconded  the  motion. 

Mr.  MONTGOMERY  withdrew  his  motion. 

Mr.  HODGES  objected  to  the  withdrawal  of  the  motion. 

Mr.  MALLORY  moved  a  call  of  the  house. 

The  demand  for  a  call  of  the  house  was  sustained. 

Mr.  HODGES,  of  Pulaski,  moved  that  further  proceedings  under  the 
call  be  dispensed  with. 

The  question  was  taken ;  and  a  division  being  called  for,  the  motion  was 
not  agreed  to. 

The  SECRETARY  proceeded  to  call  the  roll. 

Pending  the  call : 

Mr.  BROOKS  said:  I  observe  that  a  quorum  is  present;  and  I  therefore 
move  that  further  proceedings  under  the  call  be  suspended. 

Mr.  McCLURE  rose  to  a  point  of  order.  The  motion  had  been  already 
made,  and  voted  down. 

Mr.  BROOKS  said  that  other  business  had  intervened,  by  the  proceed- 
ings under  the  call. 

The  PRESIDENT.  The  calling  of  the  roll  has  intervened. 

Mr.  McCLURE.  That  is  the  execution  of  the  motion  itself. 

Mr.  BROOKS.  I  ask,  if,  when  a  call  of  the  house  is  ordered,  and  the 
call  proceeded  with,  until  a  quorum,  clearly,  is  present,  it  is  not  in  order, 
though  such  a  motion  have  previously  failed,  to  repeat  the  motion  ? 

The  PRESIDENT.  The  Chair  has  already  so  decided. 

Mr.  McCLURE.  Then  I  appeal  from  the  decision  of  the  Chair;  and  on 
the  appeal  ask  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
32,  Nays  20,  as  follows : 

Yeas  :  Messrs.  Bell,  Brooks,  Dale,  Exon,  Evans,  Hawkins,  Hinds,  Hinkle, 
(  T32  ) 


Feb.  12th.]  AEKA^^SAS  COI^STITUTIONAL  CONTENTION.  [29th  Day. 


Kevocation  of  Leaves  of  Absence.— McCLUEE—KEYNOLDS. 


Hollis,  Hodgefe  of  Crittenden,  Hodges  of  Pulaski,  Houghton,  Johnson,  Kyle, 
Langley,  Mason,  Merrick,  Misner,  Millfeaps,  McCown,  Norman,  Portis,  Priddy, 
Eawlings,  Eounsaville^  Samuels,  Smith,  Snyder,  Yan  Hook,  Walker,  Wilson, 
and  Wright— 32. 

Nays:  Messrs.  Belden,  Brashear,  Corbell,  G-antt,  Gray  of  Jefferson,  Harrison, 
Hatfield,  Hicks,  Hutchinson,  Mallory,  Montgomery,  Murphy,  McClure,  Sams, 
Sarber,  Shoppach,  Sims,  White,  Williams,  and  Wyatt — 20. 

So  the  decision  of  the  Chair  was  sustained. 

The  question  recurring  upon  the  motion  that  further  proceedings  be 
suspended, 

Mr.  McCLURE  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
29,  Nays  26,  as  follows  : 

Yeas:  Messrs.  Beasley, Bell,  Brooks,  Dale,  Evans,  Exon,  Hinds,  Hinkle,  Hol- 
lis,  Hodges  of  Pulaski,  Johnson,  Kyle,  Langley,  Misner,  Millsaps;  McCown, 
Oliver,  Portis,  Eawlings,  Eeynolds,  Eounsaville,  Samuels,  Smith,  Snyder,  Yan 
Hook,  Walker,  Wilson,  White,  and  the  President— 29. 

Nays:  Messrs.  Belden,  Brashear,  Corbell,  Gantt,  Gray  of  Jefferson,  Harrison, 
Hatfield,  Hawkins,  Hicks,  Hodges  of  Crittenden,  Hoge,  Houghton,  Hutchinson, 
Mallory,  Mason,  Merrick,  Montgomery,  Murphy,  McClure,  Priddy,  Sams,  Sar- 
ber, Shoppach,  Sims,  Williams,  and  Wyatt — 26. 

So  further  proceedings  under  the  call  of  the  house  were  suspended. 

The  question  recurring  upon  the  motion  to  lay  the  amendment  upon 
the  table, 

Mr.  McCLURE  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

Mr.  EEYNOLDS  rose  to  a  point  of  order.    Does  not  a  motion  to  lay 
the  amendment  upon  the  table,  carry  with  it  the  whole  proposition  ? 
The  PRESIDENT.  It  is  equivalent  to  a  motion  to  table  the  resolution. 

The  question  was  taken ;  and  it  was  decided  in  the  affirmative, — Yeas 
34,  Nays  24,  as  follows : 

Yeas  :  Messrs.  Beasley,  Belden,  Bell,  Brashear,  Brooks,  Corbell,  Dale^  Evans, 
Exon,  Gray  of  Phillips,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges  of  Crit- 
tenden, Hodges  of  Pulaski,  Hoge,  Houghton,  Johnson,  Kyle,  Langley,  Misner, 
Millsaps,  Portis,  Priddy,  Eawlings,  Eeynolds,  Sams,  Smith,  Snyder,  Walker, 
Wyatt,  Wright,  and  the  President — 34. 

Nays  :  Messrs.  Coates,  Gantt,  Grey  of  Jefferson,  Harrison,  Hicks,  HoUis, 
Hutchinson,  Mallory,  Mason,  Merrick,  Montgomery,  Murphy,  McCown,  Mc- 

(  T33  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Wednesday, 


Expenses  of  the  Convention. 


Clure,  Oliver,  Eounsaville,  Sams,  Sarber,  Shoppach,  Sims,  Yan  Hook,  Wilson, 
White,  and  Williams— 24. 

So  the  resolution  was  laid  upon  the  table. 

Pending  the  call  of  the  roll : 

Mr.  McCLTJRE  moved  a  call  of  the  house. 

Mr.  HODGES,  of  Pulaski,  expressed  his  disapprobation  of  the  course 
of  members,  in  tbeir  parliamentary  action  on  this  question. 
Mr.  MONTGOMERY  rose  to  a  point  of  order. 

Mr.  HODGES  censured  the  gentleman  from  Hempstead  [Mr.  Mont- 
gomery] for  participation  in  the  proceedings  to  which  he  had  referred. 

Mr.  Mc CLURE  called  Mr.  Hodges  to  order,  and  insisted  upon  the  call 
of  the  house. 

The  PRESIDENT.  The  call  is  not  sustained. 

Mr.  Mc  CLURE.  If  the  President  will  distinctly  call  for  an  expression 
of  the  will  of  the  Convention,  the  call  will  be  sustained. 

Mr.  MISNER.  Let  no  man  rise  who  wants  to  get  his  certificate  this 
evening.    That  is  what  the  gentleman  is  working  for. 

The  call  was  sustained,  but  ^ 
By  consent,  tlie  vote,  by  yeas  and  nays,  upon  the  motion  to  lay  upon  the 
table  was  proceeded  with.    The  number  of  members  changing  their  votes 
was  such  as  to  confuse  the  record,  and  a  new  vote  was  ordered,  pending 
which  : 

Mr.  BROOKS  (when  his  name  was  called)  said :  I  am  anxious  that  we 
should  go  forward,  as  promptly  as  may  be,  with  the  business  of  the  Con- 
vention, and  in  this  way  secure  the  earliest  practicable  adjournment.  If 
tbis  vote  be  decided  in  the  negative,  and  we  proceed  to  adopt  the  resolu- 
tion, we  may  send  from  here  to  Ashley  County,  before  we  can  transact  any 
further  business.    I  vote  Aye. 

Mr.  MALLORY  (when  his  name  was  called)  was  understood  to  say,  in 
substance:  A  misunderstanding  exists  in  relation  to  this  matter;  and  I 
will  explain  my  vote.  If  the  original  resolution  shall  be  adopted,  we  can 
then  send  after  those  who  have  left  the  City.  But  the  amendment  pro- 
posed, confines  the  order  to  those  who  have  not  had  leave  of  absence,  and 
if  carried,  the  resolution  will  not  affect  those  who  have  gone.    I  vote  No. 

EXPENSES  OF  THE  CONVENTION— AGAIN. 

The  PRESIDENT  laid  before  the  Convention  a  communication  from 
Henry  Page,  Treasurer  of  State,  transmitting  the  correspondence  between 
himself  and  the  General  Commanding  Fourth  Military  District,  relative 
to  the  payment  of  the  Convention. 
(  734  ) 


Feb.  12th.]  AEKANSAS  C0:N^STITUTI0ITAL  COISTYE^^TIOlSr.  [29th  Day. 


Leaves  of  Absence — Absentees — Pay  and  Mileage  of  Assistant  Secretaries. 


The  PRESIDENT.  There  is  a  resolution  already  on  the  table,  relating 
to  the  same  business. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  communication  be  received 
and  be  spread  upon  the  Journal. 

The  question  was  taken;  and  the  motion  was  agreed  to. 

[From  circumstances  beyond  the  control  of  the  Secretary,  the  commu- 
nication does  not  appear  upon  the  Journal. — Reporter.] 

Mr.  HODGES,  of  Pulaski,  offered  the  following  resolution  : 

Besolved :  That  Colonel  Henry  Page,  Treasurer  of  State,  be  requested  to 
telegraph  to  General  Gillem,  commanding  Fourth  Military  District,  for  an 
order  directing  the  Auditor  to  draw  his  warrant  for  the  payment  of  all  ex- 
penses of  the  Convention. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

LEAVES  OF  absence — ABSENTEES. 

Mr.  McCLURE  offered  the  following  resolution : 

Resolved  :  That  all  leaves  of  absence  granted  to  members  of  this  Convention, 
who  have  not  left  this  city,  are  hereby  revoked,  and  the  Sergeaot-at-Arms  be 
ordered  to  bring  such  members  before  the  Convention. 

The  question  was  taken,  and  the  resolution  was  adopted. 

The  PRESIDEi^T  directed  the  Sergeant-at-Arms  to  proceed  with  the 
discharge  of  his  duty,  in  accordance  with  the  requirement  of  the  reso- 
lution. 

PAY  AND  MILEAGE  OF  ASSISTANT  SECRETARIES. 

Mr.  BELL  offered  the  following  order : 

Ordered :  That  the  First  and  Second  Assistant  Secretaries  be  allowed  the 
pay  and  mileage  for  each  thirty  miles  travelled,  the  same  as  delegates,  from 
their  respective  counties. 

Mr.  KYLE.  I  have  never  known  that  done,  in  any  deliberative  body. 
I  would  be  quite  as  willing  that  these  gentlemen  should  have  mileage,  as 
auy,  if  it  were  customary.  They  are  good  officers,  and  have  performed 
their  duties  well.  That  is  all  true ;  and  they  deserve  the  thanks  of  the 
Convention;  but  the  course  proposed  is  unusual.  It  is  customary  for  can- 
didates to  come  to  the  Capital  and  take  their  chances,  and  if  elected,  get 
their  per  diem, 

Mr.  CYPERT.  Like  the  gentleman  from  Dallas  [Mr.  Kyle],  I  am  as 

(  735  ) 


1868.] 


DEBATES  A]^D  PEOCEEDIISIGS  OF  THE  [Wednesday, 


Appointment  of  Boards  of  Codification. 

willing  that  these  gentlemen  should  be  paid  mileage,  as  any  other;  but  it 
does  seem  to  me  entirely  unprecedented.  They  were  not  forced  to  come 
here;  and  gentlemen  residing  in  the  City  could  have  been  procured  to 
do  the  work,  and  could  have  been  so  procured  had  these  gentlemen  not 
been  applicants.  They  took  their  chances,  when  they  came  here,  seek- 
ing their  positions.  Their  per  diem  has  not  necessarily  been  fixed  be- 
yond alteration.  I  presume  that  could  be  increased.  But  it  is  unpre- 
cedented to  give  them  mileage ;  when  they  were  under  no  obligations  to 
come. 

Mr.  MALLORY.  I  move,  as  a  substitute,  that  the  persons  named 
receive  a  vote  of  thanks  of  the  Convention,  in  lieu  of  mileage. 
Mr.  GAITTT.  I  object  to  the  motion. 

Mr.  HODGrES,  of  Pulaski.    I  would  ask  if  it  is  not  in  order. 

The  PRESIDED.  The  gentleman  has  raised  no  point  of  order.  The 
Chair  understands  him  simply  to  express  himself  opposed  to  the  amend- 
ment. 

Mr.  GrAI^TT.  Mileage  is  substantial ;  and  the  thanks  of  the  Convention 
will  not  repay  the  gentlemen.  I  should  regard  it,  were  I  one  of  the  Sec- 
retaries, as  an  empty  compliment. 

Mr.  BELL.  I  think  the  most  proper  method  of  voting  our  thanks,  is 
by  allowing  the  gentlemen  mileage. 

The  PRESIDEISTT.  The  Chair  is  authorized  to  state  that  the  Secretary 
declines  any  vote  of  thanks. 

The  Second  Assistant  Secretary,  by  consent,  said :  I  do  not  wish  any 
addition  to  my  pay.  1  think  the  Convention  has  paid  us  well  for  what  we 
have  done.  [Applause.] 

The  question  was  taken ;  and  the  substitute  was  adopted. 

After  some  inquiry  as  to  the  nature  of  the  proposition  adopted  by  the 
Convention,  in  the  course  of  which 

Mr.  HODGES,  of  Pulaski,  said  he  would  be  pleased  to  add  to  the  com- 
pensation of  the  officers  in  question,  but  that  he  considered  it  impolitic,  at 
this  stage  of  the  session,  to  set  a  precedent  of  the  kind,  which  might  give 
rise  to  similar  motions  in  favor  of  others, 

appointment  of  boards  of  codification. 

The  PRESIDEN'T  announced  the  following  Boards  of  Commissioners, 
appointed  under  the  resolution  passed  in  pursuance  of  the  provisions  of 
Article  XV,  Section  11,  of  the  Constitution  : 

To  Revise  and  Re-arrange  the  Statute  Laws  of  the  State:  Messrs.  0.  P. 
Snyder,  John  McClure,  and  Clifford  Stanley  Sims, 
(  736  ) 


Feb.  12th.]  AEKAXSAS  COXSTITrTIOXAL  COXTEXTIOX.  [29tii  Day 


Tacancies  in  Boards  of  Codification — Expenses  of  Convention. 


To  Prtpare  a  Code  of  Practice :  Messrs.  B.  F.  Rice,  James  Hixds,  and 
J.  X.  Saeber. 

Mr.  McCLUEE  requested  tliat  some  other  name  might  be  substitnted 
for  his. 

Mr.  SAEBEE  moved  that  Mr.  McClure  be  excused. 

The  PEESIDEXT.  The  Chair  will  take  the  matter  under  consideration, 

YACAXCIES  IX  BOARDS  OF  CODIFICATIOX. 

Mr.  HCsDS  offered  the  following  resolution : 

Resolved :  That  should  any  one  or  more  of  the  Commissioners,  appointed  to 
codify  and  arrange  the  laws,  resign,  die.  or  otherwi-e  become  disqualified  to 
act,  the  balance  of  the  Commission  shall  have  power  to  appoint  a  suitable  per- 
son, or  persons,  to  fill  the  Commission. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

EXPENSES  or  THE  COXV^XTIOX — A&AIX. 

The  PEESIDEXT  laid  before  the  Convention  the  following  communi- 
cation from  Hexry  Page,  Treasurer  of  the  State: 

Treasitrt  of  the  State  of  Aexaxsas. 
Little  EojCK,  Eebruarv  12,  1868. 

Gexl.  Thos.  :M.  Bowex, 

President  Constitutional  Convention. 

■  Sir  :  The  Auditor  will  issue  warrants  for  all  exj^enses  of  Convention,  for 
which  proper  certificates  are  presented,  upon  excess  of  fifty  thousand  dollars. 
Have  telegraphed  to  General  Gillem.  requesting  him  to  authorize  the  Auditor's 
warrant;  endorsed  by  Treasurer,  to  be  received  for  all  taxes. 

Eespectftilly, 

Your  ob'd't  servant, 

Hexrt  Page. 

Treasurer. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  communication  be  spread 
upon  the  Journal. 

The  PEESIDEXT.  The  Treasurer  has  already  endorsed  the  warrants 
in  the  manner  stated.  The  Chair  supposes  he  thought  an  order  would 
strengthen  the  matter.    It  is  probably  a-s  good,  now,  as  it  can  be. 


47 


(  737  ) 


1868.]  DEBATES  AND  PROCEEDINGS  OF  THE  [Thursday, 


Printing  of  Memorials  and  Ordinances — Election  for  Eatification  of  Constitution. 


PRINTING  OF  MEMORIALS  AND  ORDINANCES. 

Mr.  HINDS  offered  the  following  resolution : 

Resolved  :  That  five  hundred  copies  of  all  memorials  and  ordinances  be  printed 
for  the  use  of  the  members  of  this  Convention. 

The  question  was  taken ;  and  the  resolution  was  adopted. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Convention  adjourn  to  ten, 
A.M.,  of  Thursday,  February  13th. 

The  question  w^as  taken;  and  the  motion  was  agreed  to ; 
And  thereupon,  at  4.30,  p.m.,  the  Convention  adjourned  to  10,  a.m.,  of 
Thursday,  February  13th. 


THIRTIETH  DAY. 

I       -  Thursday,  February  13th,  1868. 

Convention  met,  pursuant  to  adjournment,  at  10,  a.m. 
Praj-er  was  offered  by  the  Chap  bain. 

The  roll  was  called;  and  the  following  members  answered  to  their 
names : 

Messrs.  Adams,  Beasley,  Eelden,  Bell,  Brashear,  Brooks,  Corbell,  Dale,  Evans, 
Exon,  Gantt,  Gray  of  Jefferson,  Harrison,  Hatfield,  Hawkins,  Hicks,  Hinds, 
Hinkle,  Hollis,  Hodges  of  Crittenden,  Hodges  of  Pulaski,  Hoge,  Houghton, 
Hutchinson,  Johnson,  Kyle,  Langley,  Mason,  Merrick,  Misner,  Millsaps,  Mont- 
gomery, Murphy,  McCown,  McClure,  Oliver,  Portis,  Priddy,  Rawlings,  Rector, 
Re3^nolds,  Rounsaville,  Sams,  Samuels,  Sarber,  Scott,  Slioppach,  Sims,  Smith, 
Snyder,  Yan  Hook,  Walker,  Wilson,  Williams,  Wright,  Wyatt,  and  the  Presi- 
dent. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names, 

And  the  reading  of  the  Journal  having,  by  consent,  been  deferred : 

ELECTION  FOR  RATIFICATION  OP  THE  CONSTITUTION. 

[The  President  caused  to  be  spread  upon  the  Journal  the  following 
(  738  ) 


Feb.  13tli.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [SOth  Day 


Election  for  Eatincation  of  Constitution.— BEOOKS—McCLUEE. 


conimiiulcatiou  addressed  by  liirn  to  Brevet  Brig.  Gen.  C.  H.  Smith,  eoni- 
maudiiig  Sub-District  of  Arkansas: 

Hall  CoxsTiTrTioxAL  Coxtextiox, 

Little  Eock.  February  11th.  1868. 

Brig.  Gexl.  C.  H.  Smith. 

Comdg.  District  Arkansas. — 
Sir  :  I  have  the  honor  to  notify  you  that  at  the  hour  of  two  o'clock  this 
morning,  the  Constitution,  its  Schedule,  and  Elective  Ordinance,  was  adopted 
bv  the  Convention.  The  day  fixed  for  the  commencement  of  the  election,  is 
the  13th  day  of  March.  A.  D,  1S68.  You  are  respectfully  requested  to  notify 
Genl.  GiLLEM.  Commanding  ^th  Military  District,  by  telegraph. 

Tery  respectfully. 

Your  obedient  servant, 

Thomas  M.  Bowex, 

President  of  the  Convention.] 

The  PRESIDEXT  laid  before  the  Convention  the  following  telegram, 
from  Headquarters  Fourth  ]\Iilitary  District,  addressed  to  Brevet  Briga- 
dier Ci-eneral  C.  H.  Smith,  commanding  Sub-District  of  Arkansas,  and  by 

him  communicated  to  the  Presidext. 

Copt. 

TiCKSBVEG,  ]VIiss.,  February  12th,  1868. 

To  General  C.  H.  S-MITH. 

"If  Convention  has  not  adjourned,  cannot  time  of  beginning  election  be  ex- 
tended until  April  1st.  Is  it  possible  for  you  to  get  Eegistrars  selected  and 
organized  as  boards,  in  time  to  revise  the  list  fourteen  days  preceding  the  elec- 
tion? See  Section  Seven  of  law  published  in  General  Orders  Seventy-one  (71)." 

(Signed)  John  Tyler, 

A.  A.  G. 

Endorsed  as  follows  : 

HeadquaPvTees  Sub-distPvIct  of  Little  Fock,  Aek., 
February  13th,  1868. 

Bespectfully  referred  to  Honorable  Thomas  31.  Bowex,  President  Constitu- 
tional Convention,  for  the  action  of  the  Convention.  To  be  returned.  By 
command  of  Bvt.  Brig.  Genl.  C.  H.  Smith: 

(Signed)  S.  AI.  3Iills. 

First  Lieut,  and  Adjutant  28th  Inf.,  A.  A.  A.  G. 

Mr.  BBOOKS.  I  move  you  that  the  President  of  the  Convention  be 
authorized  to  respond  to  the  despatch,  informing  the  General  commanding 
that  the  time  of  the  election  is  fixed  by  the  Constitution,  and  has  been 
published  to  the  State. 

Mr.  McCLUEE.  Does  the  Convention  refuse? 

Mr.  BROOKS.  It  is  impracticable  for  the  Convention  to  comply.  VTe 
have  adopted  the  Constitution:  it  is  signed,  sealed,  delivered,  and  pub- 
lished to  the  world. 

(  739  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Qualification  of  Mr.  Katcliffe — Pay  of  Deputy  Sheriffs. 


Mr.  HOGE.  Do  I  understand  that  to  be  a  request  from  the  General  com- 
manding? 

The  PEESIDEN'T.  It  is  a  communication  from  the  commanding  Gen- 
eral of  the  District,  to  General  Smith. 

The  question  was  taken ;  and  the  motion  was  agreed  to,. 

[In  compliance  with  the  order  of  the  Convention,  the  President  re- 
turned the  following  response,  to  the  communication  of  the  telegram  to 
Brevet  Brig.  Gen.  C.  H.  Smith,  commanding  Sub-District  of  Arkansas ; 
which  response  the  President  caused  to  be  entered  upon  the  Journal : 

Hall  Constitutional  Convention, 
February  13th,  1868. 

Eespectfully  returned.  The  Convention  declines  to  change  the  time  of  hold- 
ing election,  which  is  fixed  in  the  Constitution  itself.  IN'otice  of  election  sent 
all  over  State.  General  Smith  can  reach  every  part  of  the  State  through  the 
delegates,  who  leave  to-morrow. 

Thomas  M.  Bowen, 

President  Convention.] 

»*  QUALIFICATION  OF  MR.  RATCLIFFE. 

Mr.  GAITTT.  I  hold  in  my  hand  the  credentials  of  Mr.  H.  W.  Ratcliffe, 
delegate  from  Randolph  County;  and  move  that  he  be  sworn  as  a  delegate 
to  this  Convention. 

Mr.McCLURE.  I  move  that  the  credentials  be  referred  to  the  Commit- 
tee on  Elections.  I  am  desirous  to  know  why  the  gentleman  has  not  be- 
fore presented  himself. 

Mr.  GAl^TT  stated  that  the  sickness  of  the  gentleman  himself,  and  of 
his  family,  had  prevented  his  earlier  attendance.  At  the  time  when  it 
was  necessary  for  him  to  start,  he  was  confined  to  his  bed.  On  his  way 
to  Little  Rock,  he  was  again  attacked  by  illness,  and  was  thus  detained 
to  the  present  time. 

Mr.  McCLURE.  Did  he  dilly-dally  ? 

Mr.  GANTT.  ^o,  sir ; — I  announce  that  positively. 

Mr.  McCLURE.  Then  I  with.draw  my  motion. 

No  objection  being  made, 

Mr.  Ratcliffe  appeared  in  his  seat,  and  the  prescribed  oath  of  office 
was  duly  administered  by  the  President. 


PAY  OF  DEPUTY  SHERIFFS — AGAIN. 

The  PRESIDENT.  The  Chair  will  call  the  attention  of  the  Convention 
(  740  ) 


Feb.  13th,]  AEKA^TSAS  COI^STlTUTIOlSrAL  CONYENTIOi^.  [30th  Day. 


Pinances  of  the  State.— HODGES  of  Pulaski— EE  YNOLDS. 


to  the  fact  that  a  communication  was,  some  time  ago,  sent  from  Military 
Headquarters,  in  relation  to  the  pay  of  certain  Deputy  Sheriffs,  for  ser- 
vices rendered  at  the  late  election.  It  was  requested  that  the  papers  be 
returned. 

Mr.  McCLURE.  The  Committee  on  Finance  had  before  them  a  large 
number  of  such  accounts;  action  was  taken  upon  them,  and  the  Conven- 
tion adopted  the  Report  of  the  Committee,  setting  forth  that  such  charges 
did  not  properly  belong  to  the  expenses  of  the  Convention.  If  the  Presi- 
dent of  the  Convention  would  take  the  Report  of  the  Committee,  as  by 
the  Convention  adopted,  and  endorse  that  on  all  the  claims,  it  seems  to 
me  it  would  dispose  of  the  whole  matter. 

FINANCES  OF  THE  STATE — AGAIN. 

Mr.  HODGES,  of  Pulaski,  moved  that  the  Report  of  the  Committee  on 
•Finance,  etc.,  on.  the  condition  of  the  finances  of  the  State,  submitted 
February  5th,  be  taken  up,  and  adopted. 

Mr.  REYN^OLDS.  I  would  like  to  have  that  Report  read,  in  order  that 
we  may  know  what  report  it  is  that  we  are  to  vote  on. 
•     The  PRESIDENT.  The  Report  is  already  before  the  Convention. 

Mr.  REYNOLDS.  I  ask  for  the  reading  of  the  Report,  for  information.. 
I  cannot  vote  without  knowing  what  it  is. 

Mr.  HODGES,  of  Pulaski.  I  would  say  that  the  Report  has  been  before 
the  Convention,  and  was  discussed  for  a  whole  day.  I  hold  a  printed  copy 
of  it  in  my  hands. 

Mr.  REYNOLDS.  Notwithstanding  that,  the  privilege  of  members  still 
is,  to  have  the  document  read  for  information. 

The  PRESIDENT.  The  Chair  believes  the  rule  to  be  that  if  a  document 
is  once  read,  the  consent  of  the  Convention  is  required,  for  a  second  read- 
ing.   The  rule  seems  to  be  somewhat  explicit. 

Mr.  REYNOLDS.  I  believe  I  have  a  right  to  call  for  a  reading,  at  any 
time. 

The  PRESIDENT.  The  Chair  is  of  a  contrary  opinion;  but  the  shortest 
way  will  be  to  have  the  Report  read. 

The  SECRETARY  read  the  Report  [printed  on  pp.  485  et  seq.'] 
Mr.  REYNOLDS  asked  for  the  yeas  and  nays. 
The  yeas  and  nays  were  ordered. 

The  question  was  taken  on  the  adoption  of  the  Report ;  and  it  was  de- 
cided in  the  affirmative, — Yeas  40,  Nays  12,  as  follows: 

Yeas:  Messrs.  Belden,  Brashear,  Brooks^  Dale,  Evans,  Exon,  Graj^  of  Jeffer- 
son, Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Hodges  of  Crittenden,  Hodges 
of  Pulaski,  Houghton,  Hutchinson,  Johnson,  Kyle,  Langley,  Mason,  Merrick, 

(  741  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE  [Thursdaj, 


Penitentiary.— HINDS. 


Misner,  Millsaps,  Montgomery,  Murphy,  McClure,  Oliver,  Priddy,  Eatcliffe, 
Rawlings,  Rector,  Rounsaville,  Sams,  Samuels,  Sarber,  Sims,  Smith,  Snyder, 
White,  and  the  President — 40. 

Nays  :  Messrs.  Adams,  Coates,  Corbell,  Gantt,  Hicks,  Hoge,  Portis,  Reynolds, 
Shoppach,  Yan  Hook,  Walker,  and  Wright — 12. 

So  the  Report  was  adopted. 
Pending  the  call  of  the  roll : 

Mr.  MASON  (when  his  name  was  called)  said:  I  vote  Aye;  excepting, 
however,  to  the  language  used  in  some  places. 

Mr.  Mason  subsequently  sent  to  the  Secretary's  desk  the  following  ex- 
planation of  his  vote,  which  he  asked  to  have  spread  upon  the  Journal : 

I  vote  Yea,  but  wish  to  record  the  following  objections: 

1st.  The  expression  of  the  opinion  of  the  Committee  upon  the  object  in  estab- 
lishing the  Banks,  and  the  way  in  which  the  funds  were  spent,  is,  in  my  opin- 
ion, inappropriate  in  this  connection. 

2d.  The  clause  saying,  "  That  we  find  the  men  who  have  been  guilty  of  these 
most  atrocious  crimes,"  &c.,  &c.  I  object  to  judging  men  before  they  have  been 
tried. 

PENITENTIARY — AGAIN. 

Mr.  HINDS.  I  move  the  adoption  of  the  Majority  Report  of  the  Com- 
mittee on  the  Penitentiary;  and  on  that  motion  I  move  the  previous 
question. 

Mr.  REYNOLDS  asked  for  the  yeas  and  nays. 

The  vote  was  taken  upon  the  question, — Shall  the  main  question  be  now 
put  ?  and  the  main  question  was  ordered. 

The  question  was  then  taken  on  the  adoption  of  the  Majority  Report; 
and  it  was  decided  in  the  affirmative, — Yeas  35,  Nays  16,  as  follows : 

Yeas  :  Messrs.  Belden,  Brashear,  Brooks,  Coates,  Dale,  Evans,  Exon,  Gray  of 
Jefferson,  Harrison,  Hatfield,  Hawkins,  Hinds,  Hinkle,  Houghton,  Hutchinson, 
Johnson,  Kyle,  Langley,  Merrick,  Misner,  Millsaps,  Montgomery,  Murphy, 
McClure,  Oliver,  Portis,  Rawlings,  Rector,  Sams,  Samuels,  Sarber,  Sims,  Smith, 
Snyder,  and  Yan  Hook — 35. 

Nays:  Messrs.  Adams,  Beasley,  Corbell,  Gantt,  Hicks,  Hodges  of  Crittenden, 
Hoge,  Mason,  Portis,  Ratcliffe,  Reynolds,  Shoppach,  Walker,  Wilson,  White, 
and  Wright — 16. 

So  the  Majority  Report  of  the  Committee  on  the  Penitentiary  was 
adopted. 

Pending  the  call  of  the  roll : 
(  742  ) 


F^b.  13th.]  AEKAXSAS  COXSTITI'TIOXAL  COXTEXTIOX.  [S'Vh  Day. 


A5h:ev  Countv  Electioi:,— HIXDS— &AXTT. 


Mr.  COKBELL  asked  to  be  excused  from  voting. 

Objection  being  made. 

Mr.  COEEEEE  voted  Xo. 

Tiie  vote  was  then  announced  as  above. 

Mr.  TTHITE  moved  that  the  Minority  Report  also  be  adopted. 
Mr.  HIXDS.  ^'ill  it  be  in  order  to  adopt  the  Minority  Eeport,  after 
the  adoption  of  the  Eeport  of  tlie  Majority? 

The  EEESIDEXT.  Are  the  reports  conliicting  ? 
Mr.  McCEUEE.  Somewhat. 

The  EEESIE)EXT.  The  Chair  is  inclined  to  the  opinion  that  the  morion 
is  out  of  order.  So  far  as  the  adoption  of  tbe  Eeports  is  concerned,  the 
adoption  of  the  Majority  Eeport  ends  the  matter. 

ASHLEY  COUXTY  ELECTIOX — AGAIX. 

Mr.  HIXDS.  The  Ashley  County  case  has  not  been  disposed  of  I  move 
tbe  adoption  of  the  Majority  Eeport  of  the  Committee  on  Elections,  on  that 
subject:  and  on  that  motion  I  move  the  previous  question. 

The  vote  was  taken  on  the  question. — Shall  the  main  question  be  now 
put  ?  and  the  main  question  was  ordered. 

Mr.  GAXTT.  I  will  state  that  tbere  is  no  necessity  for  the  previous 
question,  this  morning.    There  will  be  no  debate. 
I  ask  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

The  question  was  taken:  and  it  was  decided  in  the  affirmative. — Yeas 
35.  Xays  13.  as  follows  : 

Teas:  Messrs.  Belden.  Brashear,  Brooks.  Dale.  Exon^  Gray  of  .Jefferson.  Har- 
rison. Hatfield.  Hawkins.  Hinds.  Hinkle.  Hodges  of  Pulaski.  Hutchinson.  .John- 
son. Kyle.  Eangley.  Herrick.  Hillsaps.  Hontgomery.  Hurphy.  HeClure.  Oliver^ 
Portis.  Priddy,  Eawkngs^  Eector,  Sams^  Samuels.  Sarber.  Sims.  Smith.  Snyder. 
TThite.  AVilliams.  and  the  President — 35. 

Xays:  He^.rs.  Adams.  Corbell.  Gantt,  Hicks,  Holhs.  Hoge.  Eisner.  Eatcliffe, 
Eeynolds.  Shoppach.  TTalker.  "VThson.  and  bright — 13. 

So  tbe  Majority  Eeport  of  the  Committee  on  Election,  on  tbe  subject  of 
tlie  AsMey  County  Election,  was  adopted. 

Pending  the  call  of  the  roll : 

Mr.  BEASEEY  i  when  his  name  was  called^  asked  to  be  excused  E^om 
voting,  as  he  did  not  know  the  nature  of  the  Eeport. 

(  T43  ) 


1868.] 


DEBATES  ANJ)  PEOCEEDmGS  OF  THE  [Thursday, 


Publication  and  Distribution  of  Debates  and  Proceedings. 


Mr.  BEASLEY  was  excused. 

Mr.  YA]^  HOOK  (when  his  name  was  called)  asked  to  be  excused  from 
voting. 

1^0  objection  being  made, 

Mr.  YAiST  HOOK  was  excused. 

The  vote  was  then  announced  as  above. 

PUBLICATION  AND  DISTRIBUTION  OF  DEBATES  AND  PROCEEDINGS. 

Mr.  BROOKS  offered  the  following  order : 

Ordered :  That  the  Secretary  of  this  Convention  superintend  the  printing  of 
the  Ofiicial  Journal  and  Debates  of  this  Convention ;  and  that  for  his  services 
in  copying  said  Journal  and  Debates,  reading  proof-sheets,  and  distributing  the 
volumes,  he  be  allowed  such  reasonable  customary  fees  as  the  President  of  this 
Convention  may  award  him  therefor. 

Ordered :  That  the  Secretary  be  authorized  to  employ  a  suitable  person  to 
prepare  a  full  index  to  the  Journal  and  Debates,  at  the  usual  compensation  for 
such  services. 

Ordered :  That  one  thousand  copies  of  the  Official  Journal  and  Debates  of  this 
Convention  be  printed,  and  distributed  to  the  several  Counties  of  this  State 
in  the  ratio  of  their  representation  in  this  Convention. 

Ordered :  That  the  Secretary  have  five  copies  of  said  Official  Journal  and 
Debates  neatly  bound  for  each  delegate  and  officer  of  this  Convention,  and 
shall  transmit  such  copies  to  such  delegates  and  officers,  by  mail,  as  soon  as 
practicable;  and  that  copies,  similarly  bound,  shall  be  furnished  as  follows  :  To 
the  Supreme  Court  Library,  five  copies;  to  the  office  of  the  Secretary  of  State, 
for  permanent  preservation  and  reference,  twenty  copies ;  and  to  each  of  the 
several  public  libraries  in  the  United  States,  one  copy  each. 

The  question  was  taken ;  and  the  order  was  passed. 

Mr.  GAI^TT  presented  the  following  Ordinance : 

AN  OKDINANCE  CONCEKNINO  PEINTING. 

Be  it  ordained  by  the  people  of  Arkansas  in  Convention  assembled: 

That  all  printing  which  has  been,  or  may  be,  authorized  by  any  ordinance 
or  resolution  of  this  Convention,  shall  be  executed  within  the  limits  of  the  State 
of  Arkansas;  and  that  no  money  shall  be  paid  out  of  the  public  Treasury,  for 
any  such  printing  which  shall  be  executed  without  the  limits  of  this  State, 

Which  was  read  a  first  time. 
(  744  ) 


Feb.  IStli.]  AEKANSAS  COlSrSTITUTIOlSrAL  CONYENTIOIn^  [30tii  Day, 


Publication  and  Distribution  of  Debates  and  Proceedings. 


Mr.  HII^DS  moved  that  the  Ordinance  be  referred  to  the  Committee 
on  Printing. 

Mr.  GAISTTT  moved  that  the  rules  be  suspended,  and  the  Ordinance 
placed  upon  its  second  reading. 

The  PRESIDE^TT  entertained  the  latter  motion. 

The  question  was  taken;  and  the  motion  was  agreed  to. 
The  Ordinance  was  read  a  second  time. 

Mr.  GAITTT.  I  now  move  that  the  Ordinance  be  placed  upon  its  third 
reading. 

Mr.  HODGES.  I  move,  as  an  amendment,  that  it  be  referred  to  the 
Committee  on  Ordinances. 

Mr.  GA^nTTT.  a  considerable  amount  of  printing  will  be  required,  and 
it  will  involve  the  payment  of  a  good  deal  of  money;  and  if  there  is  any 
benefit  in  circulating  the  funds  among  the  people,  I  think  we  ought  to 
have  the  benefit  of  it.  I  do  not  desire  to  occupy  the  attention  of  the  Con- 
vention in  elaborating  that  proposition.  The  circulation,  among  the  peo- 
ple of  Arkansas,  of  the  funds  expended  for  this  printing,  would  be  a  bless- 
ing to  them;  and  it  will  be  but  returning  to  the  pockets  of  the  people  the 
money  taken  from  their  pockets. 

The  PRESIDE^sTT.  The  motion  to  refer  is  not  debatable.  Debate  is 
permitted  only  by  consent. 

The  question  was  taken ;  and,  a  division  being  called  for,  the  motion  to 
refer  was  not  agreed  to. 

Mr.  HODGES,  of  Pulaski.  I  now  move  to  lay  the  Ordinance  upon  the 
table. 

Mr.  BROOKS.  We  are  heartily  in  favor  of  all  home  institutions,  and 
the  attraction  of  capital  to  Arkansas,  as  well  as  the  distribution  and  circu- 
lation of  capital  in  the  State.  But  we  are  not  in  favor  of  attempting,  by 
legislative  enactment,  or  by  authority  of  a  resolution  of  this  kind,  to 
restrict  or  control  any  gentleman  or  firm  holding  a  contract.  It  is  their 
privilege  and  right,  on  every  just  principle,  to  have  this  contract  executed 
in  London,  if  they  please,  so  it  be  well  done.  It  is  a  matter  in  regard  to 
which  we  ought  not  to  attempt  the  exercise  of  any  control  whatever. 
We  can  never  regulate  matters  of  that  kind  by  legislation — the  attempt 
.to  do  so,  is  a  violation  of  every  principle  of  business. 

Mr.  GAOTT  asked  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered. 

Mr.  McCLHRE.  I  would  sus^o-est  that,  havins;  contracted  with  the 
Printer,  for  a  specified  price,  we  have  no  right  to.  dictate  to  him  further 

(  745  ) 


1868.]  DEBATES  AISTD  PEOCEEDINGS  OF  THE  [Thursday, 


Publication  and  Distribution  of  Debates  and  Proeeedings.— GANTT— BEOOKS. 


terms,  regarding  the  manner  in  which  we  shall  procure  the  execution  of 
his  contract. 

The  PRESIDEOT.  The  Chair  is  inclined  to  consider  the  point  well 
taken.  The  Chair  will  state  to  the  gentleman  from  Prairie  [Mr.  Gantt], 
that  the  Convention  has  already,  by  its  own  action,  entered  into  a  contract; 
and  for  it  now  to  attempt  to  regulate  the  action  of  the  contractor,  acting 
within  the  limits  of  his  contract,  would,  it  seems  to  the  Chair,  be  out  of 
order. 

Mr.  GAI^TT.  If  this  Convention  possesses  the  power,  under  the  law 
and  the  Constitution,  to  appoint  a  Public  Printer,  it  certainly  has  a  right 
to  control  his  action.  I  appeal  from  the  decision  of  the  Chair;  and  upon 
that  appeal  T  will  call  for  the  yeas  and  nays. 

The  PRESIDENT.  The  Chair  will  state  that,  in  the  opinion  of  the 
Chair,  the  contract  concludes  all  these  questions,  and  that  the  object 
sought  could  not  be  reached  without  a  reconsideration  of  the  order  pro- 
viding for  the  contract. 

The  yeas  and  nays  were  ordered. 

The  vote  was  taken  on  the  question, — Shall  the  decision  of  the  Chair  be 
sustained  ?  and  it  was  decided  in  the  affirmative, — Yeas  26,  E'ays  20,  as 
follows : 

Yeas:  Messrs.  Belden,  Coates,  Exon,  Gray  of  Jeiferson,  Harrison,  Hatfield, 
Hawkins,  Hinds^  Hinkle,  Hodges  of  Crittenden,  Hodges  of  Pulaski^  Houghton, 
Hutchinson,  Johnson,  Kyle,  Langley,  Murphy,  McClure,  Oliver,  Rawlings,  Rec- 
tor, Rounsaville,  Sams,  Samuels,  Snyder,  and  Yan  Hook — 26. 

]N"ays:  Messrs.  Adams,  Beasley,  Brooks,  Corbell,  Dale,  Gantt,  Hicks,  Hoge, 
Mason,  Misner,  Montgomery,  Portis,  Priddy,  Ratclitfe,  Reynolds,  Shoppach, 
Sims,  Walker,  White,  and  Wright— 20. 

So  the  decision  of  the  Chair  was  sustained ;  and  the  further  considera- 
tion of  the  Ordinance  was  ruled  out  of  order. 

Pending  the  call  of  the  roll : 

Mr.  BROOKS  (when  his  name  was  called)  said :  I  ask  the  privilege  of  a 
moment's  explanation.  I  am  utterly  opposed  to  this  proposition  to  control 
the.  action  of  the  Printer  under  his  contract ;  but  as  upon  the  question  of 
order,  I  beg  to  differ  from  the  Chair. 

The  PRESIDENT.  The  Chair  decides  upon  the  ground  that,  the  Con- 
vention, having  already  acted,  and  made  the  contract,  it  has  no  right,  with- 
out reconsidering  that  action,  to  interfere  with  the  execution  of  the  contract. 

Mr.  BROOKS.  I  think  that  correct,  considered  as  a  principle  to  guide 
our  action ;  but  not  as  a  rule  of  parliamentary  law.    I  submit  this  view 
with  all  deference. 
(  746  ) 


Feb.  13th.]  AEKANSAS  COlSrSTITUTIONAL  CONYEISTTIOI^.  [30th  Day. 


Removal  of  Political  Disabilities — Additional  Compensation  of  Assistant  Secretaries. 


Mr.  EVANS  (when  his  name  was  called)  said  he  was  unacquainted  with 
the  question  before  the  Convention,  and  asked  to  be  excused. 

No  objection  being  made, 

Mr.  EVANS  was  excused.  ^ 

Mr.  MONTGOMERY  (when  his  name  was  called)  said  :  Do  I  under- 
stand the  Ordinance  to  change  the  contract,  or  only  to  require  the  printing 
done  in  the  State  ? 

The  PRESIDENT.  The  Ordinance  interferes  with  the  action  of  the 
Printer.  The  decision  of  the  Chair  has  been  based  upon  the  supposition 
that  the  Printer  has  a  right  under  his  contract. 

Mr.  SMITH  (when  his  name  was  called)  said :  This  is  a  question  about 
which  my  mind  is  not  clear.    I  therefore  ask  to  be  excused  from  voting. 

No  objection  being  made, 

Mr.  SMITH  was  excused. 

Mr.  WILSON  (when  his  name  was  called)  asked  to  be  excused  from 
voting. 

No  objection  being  made,  / 

Mr.  WILSON  was  excused. 

The  vote  was  then  announced  as  above. 

REMOVAL  OF  POLITICAL  DISABILITIES — AGAIN. 

Mr.  HINDS,  from  the  Special  Committee  appointed  to  prepare  a  memo- 
rial to  Congress,  asking  the  removal  of  the  disabilities  of  citizens  who  advo- 
cated reconstruction,  stated  that  the  Committee  had  prepared  a  memorial, 
which  the}^  would  submit. 

Mr.  EXON  moved  that  the  Convention  adjourn  to  ten,  a.m.  of  the 
morrow. 

«. 

ADDITIONAL  COMPENSATION  OF  ASSISTANT  SECRETARIES. 

Mr.  HODG-ES,  of  Pulaski,  asked  that  the  motion  might  be  withdrawn. 

Mr.  EXON  not  insisting  upon  his  motion, 

Mr.  BEASLEY  offered  the  following  resolution: 

Resolved:  That  in  consideration  of  the  extraordinary  work  performed  by 
Mr.  H.  St.  John,  Assistant  Secretary,  he  be  paid  ten  dollars  per  day,  instead 
of  eight. 


(  H7  ) 


1868.]  DEBATES  AND  PEOCEEDmGS  OF  THE  [Thursday, 


Additional  Compensation  of  Assistant  Secretaries. — G-ANTT — SMITH. 


Mr.  GAITTT.  I  think  that  the  name  of  Mr.  Wright,  Second  Assistant 
Secretary,  should  be  added;  and  I  offer  that  proposition  as  an  amendment. 

The  question  was  taken ;  and  the  amendment  was  agreed  to. 

Mr.  GANTT.  I  will  state,  in  support  of  the  motion  now  upon  its  pas- 
sage that,  so  far  as  I  am  individually  concerned,  I  think  it  right  and  proper 
that  the  proposed  extra  allowance  should  be  made.  As  is  well  known  to 
every  member  of  the  Convention,  I  have  steadily  opposed  not  only  appro- 
priations, but  every  ordinance  and  resolution  providing  for  a  payment  to 
delegates  or  to  officers.  But,  in  opposition  to  my  vote,  appropriations 
have  been  made.  The  Ordinances  fixing  the  pay  of  delegates  and  officers 
have  passed ;  and  in  view  of  the  fact  that  the  payment  has  to  be  made,  I 
feel,  for  one,  that  it  is  right  and  proper  that  the  member  of  this  body, 
whether  officer  or  delegate,  who  has  the  labor  to  do,  should  be  paid  for  it. 
That  an  immense  amount  of  labor  has  been  imposed  upon  the  Secretaries 
of  the  Convention,  is  unquestionably  true.  I  feel,  and  I  am  gratified  to 
feel,  that  in  a  matter  of  this  sort,  I  can  ignore  any  party  prejudices  or  dis- 
likes. I  am  disposed  to  mete  out  even-handed  justice.  Yesterday,  this 
question,  in  one  shape,  was  before  the  Convention ;  and  I  favored  the  grant 
of  extra  compensation.  I  favor  it  to-day.  And  I  opposed  a  proposition 
offered  in  lieu  thereof,  to  pass  a  vote  of  thanks  of  the  Convention.  I  op- 
posed the  amendment  offering  thanks,  instead  of  money,  to  the  Secreta- 
ries, for  the  reason  that,  upon  principle,  I  am  opposed  to  tendering  thanks 
to  the  presiding  officer,  or  to  the  other  officers,  of  a  deliberative  body. 
They  have  duties  to  perform ;  and  if  they  have  performed  their  duties, 
they  will  at  least  receive  the  kindest  regards  and  respect  of  those  associated 
with  them.  And  I  feel  that  not  only  myself,  but  every  other  delegate 
upon  this  floor,  has  undertaken  to  do,  and  whether  he  has  done  it  or  not, 
his  purpose  has  been  to  do,  his  whole  dut}^ ;  and  I  should,  for  one,  feel  as 
much  that  it  was  necessary  to  tender  a  vote  of  thanks  to  the  members  of 
the  Convention,  for  the  manner  in  which  they  have  discharged  their  duty, 
as  to  either  the  presiding  officer  or  the  Secretaries.  The  Secretaries,  how- 
ever, in  point  of  fact,  have  discharged  their  duties;  they  have  discharged 
them  faithfully.  Those  duties  have  been  onerous;  and,  in  my  humble 
judgment,  the  pay  already  given  them  does  not  compensate  them  for  the 
labor  they  have  performed.  I  desire  the  passage  of  this  resolution.  I 
desire  to  record  my  vote  in  its  favor.  How  my  political  friends  will  feel 
in  the  matter,  I  am  unable  to  say  ;  but  I  certainly  hope  they  will  agree 
with  me  in  the  proposition  that,  under  all  the  circumstances,  it  is  right  to 
pay,  for  their  labor,  the  gentlemen  who  have  discharged  these  onerous 
duties. 

Mr.  SMITH.  These  gentlemen,  our  Secretaries,  have  done  a  great  deal 
of  work.    They  have  worked  a  great  number  of  hours  each  day.  They 
(  748  ) 


Feb.  13tb.]  AEKANSAS  COXSTITUTIO^^AL  CO^s^YEIS^TION.  [30th  Day. 


Committee  on  Engrossment  of  Constitution — Question  of  Privilege. — KYLE. 


have,  as  I  believe,  been  faithfal  in  the  discharge  of  all  their  duties ;  and 
I  hope  the  resolution  now  pending,  will  pass  tbie  Convention. 

The  question  was  taken ;  and  the  resolution  was  unanimously  adopted. 

COMMITTEE  ON  ENGROSSMENT  OF  THE  CONSTITUTION. 

Mr.  SIMS  offered  the  following  resolution : 

Resolved:  That  the  President  of  the  Convention  appoint  a  Committee  of 
three,  whose  duty  it  shall  be  to  compare  the  engrossed  copies  of  the  Constitu- 
tion with  the  Eeport  of  the  Committee  on  the  Constitution,  its  Arrangement 
and  Phraseology,  and  to  correct  any  errors  or  omissions  which  may  be  detected. 

The  question  was  taken;  and  the  resolution  was  adopted. 

REMOVAL  OF  POLITICAL  DISABILITIES — AGAIN. 

Mr.  HI^^'DS.  I  wish  to  give  notice  that  if  any  gentlemen  wish  addi- 
tional names  placed  upon  the  Memorial  praying  the  removal  of  political 
disabilities  of  citizens  who  have  aided  reconstruction,  I  would  be  glad  to 
learn  the  fact. 

QUESTION   OF  PRIVILEGE. 

Mr.  KYLE,  by  consent,  rose  to  a  question  of  privilege.  The  worthy 
and  venerable  Governor  of  the  State  had  brought  to  his  notice  the  case  of 
a  very  estimable  lady,  in  the  vicinity,  burdened  with  the  support  of  two  or 
three  children,  who  had  had  the  misfortune  to  have  had  her  house  burned, 
and  whose  case  he  recommended  to  the  benevolence  of  members  of  the 
Convention. 

Mr.  PEIDDY  added  that  the  lady's  husband  had  died  in  the  service. 
Mr.  JOHi^SO^S .  I  would  inquire  whether  she  is  colored  or  white. 
Mr.  KYLE.  White. 

Mr.  JOHi^'SOE'.  I  move  that  the  Convention  help  all  needy  women. 
The  PRESIDENT.  It  is  merely  a  suggestion  that  is  offered. 

Mr.  LAI^'GLEY  moved  that  the  Convention  adjourn  to  ten,  a.m.,  of 
Friday,  February  14th. 

The  question  was  taken ;  and  the  motion  was  agreed  to  ; 
And  thereupon,  at  11.30,  a.m.,  the  Convention  adjourned  to  10,  a.m.  of 
Friday,  February  14th. 


(  749  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Address  by  the  Chaplain. 


THIRTY-FIEST  DAY. 

Friday,  February  lUh,  1868. 

Convention  met,  pursuant  to  adjournment,  at  10,  a.m. 
The  PRESIDENT,  on  calling  the  Convention  to  order,  stated  that  the 
Chaplain  desired  permission  to  address  a  few  remarks  to  the  Convention. 

ADDRESS  BY  THE  CHAPLAIN. 

Rev.  Mr.  HYDE,  Chaplain  to  the  Convention,  then  addressed  the  Con- 
vention as  follows:* 

Mr.  President,  and  Gentlemen  of  the  Convention  :  By  your  permission, 
I  think  it  is  befitting  for  me,  and  due  you,  before  we  part,  to  make  a 
few  remarks  by  way  of  compliment. 

I  am  thankful  to  you,  for  the  honor  you  conferred  upon  me,  in  elect- 
ing me  Chaplain  of  this  honorable  body. 

Additional  thanks  are  due  you  for  the  respect  and  courtesy  that  you 
have  manifested  towards  me  while  trying  to  exercise  the  functions  of  the 
honorable  position  bestowed  upon  me.  And  it  may  be  that  some  of  you 
w^ould  like  to  know  your  Chaplain's  ideas  relative  to  the  Constitution. 

Well,  gentlemen,  I  am  not  a  politician,  and  I  do  not  mean  to  try  to 
make  a  political  speech  at  this  time;  but  I  do  not  think  that  it  would  be 
trespassing  upon  my  ministerial  dignity  to  say,  I  believe  it  to  be  a  good 
document  (if  you  will  allow  me  the  term),  and  one  of  the  best  of  its  kind 
ever  produced  in  this  capitol.  It  promises  more  to  the  people.  And  I 
would  say,  to  our  antagonistic  friends,  that  there  has  been  a  good  thing 
come  out  of  ^  IN'azarus "  [Laughter]  and  we  would  say  to  them,  as  Philip 
did  to  I^athaniel,  to  come  and  see.  And,  gentlemen  of  this  Convention, 
as  your  Chaplain,  I  think  that  you  have  done  a  noble  work,  one  that  you 
never  need  be  ashamed  of  or  disown,  now,  or  when  you  are  summoned  be- 
fore the  Judiciary  of  heaven.  And  I  believe  your  names  will  go  down  to 
posterity  among  the  good  and  great  men  of  the  nineteenth  century.  And 
as  we  are  about  to  separate,  and  return  to  our  homes,  and  take  a  part  in 
the  campaign,  gentlemen,-  I  would  advise  (if  you  will  not  think  it  too 
conspicuous  in  me)  to  move  calmly  and  conscientiously  before  the  people. 
In  this  matter  of  so  great  magnitude,  nothing  should  be  said  intentionally 


*  The  Reporter  was  not  present  durinj^the  delivery  of  these  remarks  by  the  Chaplain  ;  and 
they  are  given  from  MS.  subsequently  furnished  by  that  gentleman,  at  the  request  of  the  Re- 
porter and  others. 

(  750  ) 


Feb.  1-lth.]  AEKAXSAS  COXSTITUTIOXAL  COXVEXTIOX.  [Slst  Day. 


Address  by  the  Chaplain. 


to  excite  the  passions  of  the  people.  And  as  the  conflict  of  arms  is  over  (and 
we  hope  forever,  in  this  country),  and  the  conflict  of  principles  still  exists, 
whose  most  successful  weapons  are  reason,  and  logic,  and  love, — and  the 
field  upon  which  these  battles  are  to  be  fought  is,  the  stump,  the  press, 
and  ballot-box, — therefore  I  would  suggest  that  we  take  these  weapons 
in  one  hand,  and  the  Constitution  in  the  other,  and  meet  our  enemies  on 
all  these  fields,  and  fight  it  out  on  this  line  (unless  compelled  to  resort  to 
other  means  in  self-defence.)  And  I  believe,  gentlemen  of  the  Conven- 
tion, if  this  proposed  Constitution  is  honestly  and  plainly  placed  before 
the  citizens  of  Arkansas,  telling  them  what  it  promises  to  them  and  their 
children,  I  have  faith  enough  in  the  masses  of  the  people,  to  believe  they 
know  wliat  is  for  their  best  interests,  financially  and  intellectually:  and,  I 
further  believe  that  they  Avill  rally  with  us  and  sustain  it,  and  it  will  be 
ratified  and  adopted  as  the  organic  law  of  the  State  of  Arkansas. 

And,  gentlemen,  I  have  been  praying  for  it;  and  you  and  I  are  going  to 
continue  to  pray  that  God's 'blessing  may  rest  upon  you. 

Let  us  pray. 

0  thou  great  and  all  wise  God,  in  whose  hands  are  the  destinies  of  all 
men.  we  would  once  more,  and  perhaps  for  the  last  time,  under  these 
peculiar  circumstances,  implore  thee  to  let  thy  blessings  rest  upon  the 
members  of  this  Convention:  and,  while  we  are  about  to  separate  and  re- 
turn to  our  homes  and  families,  we  pray  that  thine  arms  of  love,  and 
mercy,  and  protection,  may  be  spread  around  them,  that  their  lives  may 
be  spared  during  the  campaign  before  the  people,  and  they  see  the  fruits 
of  their  unwearied  labors  in  the  future.  And  we  pray  God  to  sustain  us 
all  in  the  great  work  of  humanity,  so  that  when  it  is  ours  to  die,  the  world 
may  be  better  by  us  having  lived  in  it.  And,  finally,  gather  us  all  to  the 
home  of  the  blessed,  in  Christ,  our  Redeemer.  Amen. 

The  roll  was  then  called,  and  the  following  members  answered  to  their 
names  : 

Messrs.  Allen.  Bell.  Brashear.  Brooks.  Coates.  Corbell.  Dale,  Evans.  Exon, 
Gantt.  Gray  of  .Jefferson,  Grey  of  Phillips.  Harrison,  Hatfield,  Hawkins.  Hicks, 
Hiukle,  Hinds,  Hollis,  Hodges  of  Crittenden.  Hodges  of  Pidaski,  Houghton, 
Hutchinson,  Johnson,  Langley,  Mason.  Merrick,  Misner,  Millsaps.  Montgomery, 
Murphy.  McClure,  Oliver.  Portis.  Priddy,  Eatcliffe,  Eawlings,  Eeynolds.  Eounsa- 
ville,  Sams,  Samuels.  Sarber,  Scott,  Shoppach.  Sims.  Smith,  Snyder,  Yan  Hook, 
\Yalker,  Wilson,  White,  Williams,  Wright,  Wyatt,  and  the  President. 

A  quorum  of  the  members  of  the  Convention  having  answered  to  their 
names : 

The  Journal  of  the  ^^londay  preceding  was  read. 

(  751  ) 


1868.] 


DEBATES  AND  PEOOEEDmGS  OF  THE 


[Friday, 


The  Constitution — Expenses  Incurred  under  Provisions  of  Schedule. — HODGES  of  Pulaski. 


THE  CONSTITUTION — AGAIN. 

Mr.  HIMCLE.  I  would  ask  leave  to  change  my  vote,  upon  the  adoption 
of  the  Constitution,  from  l^o  to  Aye;  retaining  upon  the  record  the  objec- 
tions which  I  have  filed.   [Cries  of  "  Leave."] 

Mr.  REYNOLDS.  I  suppose  the  fact  will  be  stated  in  to-day's  proceed- 
ings. The  gentleman  has  a  right  to  change  his  vote,  if  the  change  does 
not  affect  the  result.  Let  it  go  on  to-day's  proceedings ;  and  let  it  also 
appear  that  the  gentleman  voted  No,  at  the  time. 

The  Journal  of  Monday  was  approved. 

The  Journals  of  Tuesday,  Wednesday,  and  Thursday,  preceding,  were 
read  and  approved. 

EXPENSES  INCURRED  UNDER  PROVISIONS  OF  SCHEDULE. 

Mr.  HODGES,  of  Pulaski,  offered  the  following  Ordinance: 

AN  ORDINANCE  TO  DEFRAY  THE  EXPENSES  INCURRED  UNDER  PRO- 
VISIONS OF  THE  SCHEDULE  TO  THE  CONSTITUTION,  ADOPTED  BY 
THE  CONVENTION  FEBRUARY  11th,  A.D.  1868. 

Section  One.  Be  it  ordained,  that  all  accounts  of  the  Board  of  Commission- 
ers, and  expenses  in  carrying  out  the  provisions  of  said  Schedule,  appointed 
under  provisions  of  the  Schedule  to  the  Constitution,  adopted  by  this  Conven- 
tion February  11th,  1868,  shall  be  certified  to  by  the  President  and  feigned  by 
the  Secretary  of  this  Convention. 

Section  Two.  When  said  accounts,  for  said  expenses,  are  presented  to  the 
Auditor  of  State,  he  shall  issue  his  warrant  on  the  Treasurer  of  State,  who 
shall  pay  the  same  out  of  the  appropriation  for  paying  the  expenses  of  this 
Convention. 

Section  Three.  Said  Auditor's  warrants  shall  be  receivable  by  all  Sherifi's, 
or  other  tax-collectors,  or  Treasurer  of  the  State,  for  all  State  taxes,  now  due, 
or  which  may  hereafter  become  due. 

Section  Four.  In  case  said  Auditor  of  State  refuses  or  declines  to  audit  said 
accounts  or  expenses,  the  said  Board  of  Commissioners  shall  issue  their  war- 
rants, approved  by  the  President  and  signed  by  the  Secretary  of  this  Conven- 
tion, for  the  same.  Said  warrants,  of  said  Commissioners,  shall,  in  like  manner, 
as  provided  in  Section  Three  thereof,  be  receivable  for  all  State  taxes  now  due, 
or  that  may  hereafter  become  due. 

Which  was  read  a  first  time. 

Mr.  HODGrES,  of  Pulaski,  moved  that  the  rules  be  suspended,  and  that 
the  Ordinance  be  passed  to  a  second  and  third  reading,  and  placed  upon 
its  final  passage. 
(  752  ) 


Feb.  14th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [31st  Day. 


Committee  on  Engrossment  of  Constitution — Removal  of  Political  Disabilities. 


The  question  was  taken ;  and  the  motion  was  agreed  to. 
The  Ordinance  was  read  a  second  and  third  time. 

The  question  was  then  taken,  by  yeas  and  nays,  npon  the  final  passage 
of  the  Ordinance ;  and  it  was  decided  in  the  affirmative, — Yeas  42,  Xays  9. 
So  the  Ordinance  was  passed. 

[The  yeas  and  nays  do  not  appear  upon  the  Journah — Eeporter.] 

APPOINTMENT  OF  COMMITTEE  OX  ENGROSSMENT  OF  CONSTITUTION. 

The  PEESLDEXT  announced  the  following  Committee  to  compare  the 
engrossed  copies  of  the  Constitution  with  the  Eeport  of  the  Committee  on 
the  Constitution,  its  Arrangement  and  Phraseology,  and  correct  any  errors 
or  omissions  which  should  be  detected  : 

Messrs.  Sims,  Hodges  of  Pulaski,  and  Brooks. 

REMOVAL  OF  POLITICAL  DISABILITIES — AGAIN. 

Mr.  MOOTGOMEEY  offered  the  following  resolution : 

Resolved:  That  the  Chairman  of  the  Committee  on  3Iemorials  be,  and  be  is 
hereby,  instructed  to  include  in  the  Memorial  to  Congress^  for  the  relief  of  per- 
sons disfranchised,  the  names  of  such  persons  as  may  be  hereafter  recommended 
by  the  Eepublican  members  of  this  Convention,  as  having  materially  aided 
reconstruction. 

Mr.  BEOOKS.  I  see  no  sufficient  reason  for  that  resolution,  devolving 
the  sole  responsibility  upon  the  Chairman  of  the  Committee.  The  Com- 
mittee is  so  comprised  that  access  can  be  had  to  any  other  member;  and 
I  move  to  so  far  amend  the  resolution  as  to  substitute  "the  Committee," 
instead  of  "the  Chairman  of  the  Committee." 

Mr.  MOXTGOMEEY.  My  object  in  introducing  this  resolution  was 
that  I  might  do  justice  to  some  of  my  constituents  at  home.  There  are 
some  gentlemen  there,  entitled  to  a  place  in  this  Memorial,  whose  names 
I  do  not  recollect;  and  when  we  shall  arrive  at  home,  this  Convention  will 
be  adjourned,  and  this  Committee  will  be  separated.  I  desire  to  be  ena- 
bled to  recommend  those  whom  I  know  to  have  materially  aided  recon- 
struction;  and  I  see  no  way  of  doing  so,  except  through  the  Chairman. 
As  I  have  said,  the  names,  or  at  least  the  first  names,  of  some  of  these 
men,  I  cannot  now  recollect ;  and  the  names  must  be  properly  stated,  or 
the  recommendation  would  amount  to  nothing.  I  desire  that  those  rebels 
who  have  accepted  the  situation,  who  have  accepted  the  plan  of  recon- 
struction, as  tendered  us  by  Congress,  shall  not  continue  to  labor  under  anj^ 
disability  whatever,  but  that  they  shall  possess  all  the  privileges  enjoyed 

48  (  753  ) 


1868.] 


DEBATES  Al^B  PEOCEEDII^GS  OF  THE 


[Friday, 


Kemoval  of  Political  Disabilities.— HODGES  of  Pulaski— HINDS— BKOOKS. 


by  any  other  citizens  of  the  State.  I  hope,  sir,  that  the  amendment  will 
not  be  agreed  to. 

Mr.  HODGES,  of  Pulaski.  This  matter  of  the  removal  of  disabilities, 
requires  a  delicate  handling.  You  recollect  that  when  President  Johnson 
commenced  that  work,  the  very  first  thing  that  took  place  afterward, 
was  that  those  who  were  pardoned,  turned  right  around  and  tried  to  cut 
the  throats  of  the  party  of  those  who  removed  their  disabilities. — I  might 
change  the  term  "  cut-throats  " — I  did  not  mean  that — I  meant  that  they 
began  to  oppose  the  political  action  of  the  people  and  party  with  whom 
they  should  have  united  themselves. 

Mr.  Hli^DS.  I  hope,  as  Chairman  of  the  Committee,  that  the  amend- 
ment will  prevail.  I  certainly  do  not  wish  to  be  responsible  for  all  the 
recommendations  which  it  may  be  thought  advisable  to  make. 

Mr.  BROOKS.  I  do  not  wish  to  seem  to  oppose  a  movement  looking  to 
the  removal  of  any  disability  attaching  to  any  citizen  of  the  country,  or 
inhabitant  of  the  State,  who  is  sincerely  penitent  of  rebellion  against  the 
Grovernment,  and  who  is,  to-day,  sincerely  loyal  to  its  principles,  and  to 
those  great  leading  principles  out  of  which  grew  the  conflict.  But,  sir,  I 
am  not,  as  an  individual,  disposed  to  unite  even  with  all  the  members  of 
this  Convention, — if  the  question  were  to  be  brought  before  the  whole 
body, — in  a  wholesale  jail-delivery  in  this  matter.  I  have  voted,  heartily 
and  sincerely,  for  the  provisions  of  our  own  State  Constitution,  which  pro- 
vides that  every  man  who  has  openly  advocated  or  voted  for  reconstruction, 
and  the  Congressional  scheme, — who  accepts  the  situation,  accepts  the 
equality  of  all  men  before  the  law,  shall  have  attached  to  him  no  disabili- 
ties, so  far  as  the  Government  of  the  State  is  concerned.  That  is  the  pro- 
vision of  our  Constitution,  adopted  by  this  body.  And  anything  that  we 
may  do  now,  upon  the  subject,  can  have  respect  only  to  disabilities  at- 
tached to  those  gentlemen  in  consequence  of  National  legislation.  We 
have  shown,  sir,  our  disposition,  by  incorporating  in  our  Memorial  the 
names  of  gentlemen  with  respect  to  whose  fidelity,  now,  to  the  great 
principles  to  which  I  have  alluded,  there  exists  no  doubt  in  the  minds  of 
any.  We  have  shown  our  disposition  clearly,  definitely,  and  frankly,  at 
the  right  time,  and  under  fitting  circumstances,  and  with  the  necessary 
assurances  before  us,  to  give  our  voices  and  vote,  if  need  be,  in  that  direc- 
tion. We  have  shown,  in  that  Constitution,  an  utter  absence  of  all  spirit 
of  proscription,  as  respects  the  local  State  Government,  and  a  desire  to 
secure  to  all  men,  regardless  of  previous  position  and  course — even  to 
those  who  have  been  bushwhackers  and  jayhawkers, — if  they  sincerely 
favor  the  restoration  of  civil  government  under  the  laws  of  Congress  as 
the  supreme  law  of  the  land,  the  right  to  participate  with  us,  without 
restriction  or  qualification,  in  all  the  rights  of  citizens, — not  withholding 
from  them  the  right  of  any  position  in  the  gift  of  the  State. 

(  754  ) 


Feb.  14tli.]  AEKAXSAS  COXSTITrTIOXAL  COXVEXTIOX.  [31^:  Day. 


Eemoval  of  Political  Disabilities.— BEOOKS. 


Xow,  with  tliese  lacTs  before  iis.  I  think  we  have  done  enough.  TVe 
hope  to  have  the  co-operation  of  all  the  friends  of  reconstruction,  whether 
or  not  they  definitely  tally  with  our  views  in  all  particulars  and  details  of 
the  Constitution,  and  of  the  policy  of  the  Eestoration  Party  of  the  State. 
VTe  trust  that  all  those  friends  of  civil  government,  of  peace,  harmony,  and 
prosperity  for  the  people  of  this  State,  will,  on  due  consideration,  find 
themselves  sufiiciently  reconciled  to  the  circumstances  surrounding  them, 
to  give  us  their  votes  and  their  infiuence.  for  the  accomplishment  of  this 
o'reat  work.  And  we  have  no  hesitation  in  saying,  to  the  honorahle  mem- 
bers of  this  Convention  who  difier  from  us  with  respect  to  party  political 
principles,  and  to  all  the  citizens  of  the  State,  of  that  party,  that  in  these 
propositions  we  are  sincere- and  liberal  and  generous,  if  you  will  place 
yourselves  in  that  position,  and  have  no  disposition  to  persectite  or  pro- 
scribe any  one  on  account  of  matters  that  are  now  of  the  things  that  were. 
Having  done  thus  much,  we  think  we  have  gone  far  enough  in  that  direc- 
tion, and  we  wait  for  further  developments.  Let  those  who  are  friends  of 
reconstruction  patiently  co-operate  with  us  for  a  few  weeks  more,  and  let 
us  accomplish,  if  we  may.  in  this  State,  this  great  work,  in  the  ratification 
of  the  Constitution.  If  that  be  accomplished,  in  a  few  weeks  from  this 
time  the  General  Assembly  will  be  in  session  in  this  City.  and.  as  the  rep- 
resentatives of  the  loyal  people,  and  as  constituting  the  Legislative  Depart- 
ment of  a  re-established  civil  government  here,  they  will  be  able  to  speak 
to  the  Congress  of  the  Lnited  States  with  an  authority,  if  we  may  say  so. 
that  we  cannot  now  exercise  :  and  the  voice  of  that  General  Assembly,  so 
constituted,  vfith  the  Constitution  ratified,  and  civil  government  restored, 
and  peace  prevailing,  would  be  not  only  potent,  but  almost  decisive,  and 
we  shall  then  feel  prepared  to  give  our  infiuence  in  that  direction.  For 
those  of  us,  here,  who  may  comprise  a  part  of  that  General  Assembly — I 
can  speak  for  myself,  though  I  do  not  expect  to  be  there — if  I  were.  I 
would  certainly  vote,  as  I  can  say  for  my  friends,  they  will  vote  to  memo- 
rialize Congress  for  the  removal  of  the  disabilities  of  all  those  gentlemen 
who,  during  the  coming  canvass  and  at  the  coming  election,  heartily  co- 
operate with  us.  They  will  thus  have  an  opportunity  of  demonstrating, 
in  a  tangible  manner,  their  devotion  to  reconstruction  :  they  will  have  an 
opportunity  not  only  to  speak,  and  use  their  infiuence  for  reconstruction, 
but  to  put  themselves  upun  the  record.  AVe  have  done  and  said  much, 
here,  in  reference  to  records.  I  would  like  to  see  gentlemen  on  the  record 
in  favor  of  reconstruction.  Then  if  they  "go  back  upon  tis.'"'  we  will 
simply  tip  our  hats  and  take  the  consequences  :  and  if  we  cannot  run  the 
machine,  their  record  to  the  contrary  notwithsrandlng,  we  will  deserve 
defeat,  and  meet  it  cheerfully. 

I  move  you,  sir,  that  the  resolution  lie  upon  the  table. 

The  question  was  taken:  and  the  motion  was  agreed  to. 

(  :55  ) 


1868.] 


DEBATES  Al^D  PEOOEEDmGS  OF  THE 


[Friday, 


The  Constitution.— GANTT— HODGES  of  Pulaski. 


I  Delegates  from  Washington  County. 


THE  CONSTITUTION — AGAIN. 

Mr.  GANTT.  I  desire  to  read,  in  behalf  of  myself  and  other  members 
of  the  Convention,  a  very  brief  paper  : 

We,  the  undersigned,  delegates  to  the  Constitutional  Convention,  do  hereby 
protest  against  the  above  and  foregoing  Constitution,  and  decline  to  endorse  or 
sign  it ;  as  the  same,  in  our  opinion,  is  anti-republican,  proscriptive,  and  de- 
structive of  the  liberties,  rights,  and  privileges,  of  this  State. 

J.  'N.  Cypert,    )  -r.  , 

Thomas  Owen,  |  ^^^^S^^^^  ^om  White  County. 
W.  W.  Adams,  Delegate  from  Izard  County. 
C.  W.  Walker, 
James  N.  Hoge, 
George  W.  Norman,  Delegate  from  Ashley  County. 
W,  W.  Eeynolds,  Benton  " 

J.  A.  Corbell,  "        Sevier  " 

E,  S.  Gantt,  "        Prairie  " 

W.  F.  Hicks,  "        Prairie  " 

James  H.  Shoppach,  "        Saline  " 

Joseph  Wright,  "        Carroll  " 

BouLDiN  DuvALL,  "        Lawrencc  " 

W.  D,  MooRE,  "  Ashley 

John  M.  Bradley,  "        Bradley  " 

We  ask,  respectfully,  that  this  protest  may  be  attached  to  the  Constitu- 
tion.  

Mr.  HODGES,  of  Pulaski.  The  gentlemen  have  explained  their  vote 
itself,  upon  the  record.  If  they  do  not  wish  to  sign  the  Constitution,  I 
am  opposed  to  their  sending  out  any  protest  along  with  it.  I  believe  in 
extending  every  courtesy  that  the  Convention  possibly  can ;  but  I  believe 
this  will  be  unprecedented.  I  never  saw  or  heard  of  such  a  thing ;  and  I 
move  that  the  paper  lie  upon  the  table. 

Mr.  GAITTT  [To  Mr.  Hodges.]  One  moment,  sir: — the  floor  was  taken 
from  me,  and  I  yielded  it.  I  desire  to  say,  for  myself  and  those  gentle- 
men whose  names  are  appended  to  that  protest,  that  it  is  due  to  us,  when 
we  decline  to  sign  the  Constitution,  that  our  reasons  go  upon  it.  It  is 
one  of  the  records  of  the  country.  What  w^e  ask  is  due ;  it  is  but  re- 
spectful to  us,  I  think,  sir,  that  we  should  be  permitted  to  place  our  pro- 
test with  that  instrument. 

Mr.  HODGES,  of  Pulaski.  In  order  that  this  may  proceed  in  order,  I 
withdraw  my  motion,  that  the  gentleman  may  talk. 

Mr.  GANTT.  I  do  not  wish  to  talk,  at  all,  but  simply  to  ask  that  this 
justice  be  done  us. 
(  756  ) 


Feb.  14th.]  AEKAISTSAS  CO^s'STITUTIOiSrAL  CONYE^^TIO^nT.  [31st  Day. 


The  Constitution.— BROOKS— GANTT. 


Mr.  BROOKS.  I  regret  that  there  should  be  anj^  such  manifestation  of 
temper.  Certainly,  honorable  gentlemen  must  acknowledge  that  they 
have  been  treated  with  respect  and  courtesy. 

Mr.  G-A^sTTT.  During  the  deliberations  of  this  Convention,  I  have  been 
treated  with  the  utmost  courtesy  and  kindness.  I  think,  however,  it  is 
unkind  that  now,  when  we  desire  to  place  upon  the  records  of  the  country 
our  objections  to  that  Constitution,  it  should  be  denied  us.  Heretofore,  the 
utmost  kindness  and  courtesy  has  been  extended  to  me.  I  say  that,  and 
take  a  pleasure  in  so  doing. 

Mr.  BROOKS.  If  the  sense  of  the  Convention  be  clearly  ascertained, 
there  wall  be,  I  think,  no  objection  to  the  honorable  gentlemen,  if  they 
see  fit  to  do  so,  placing  their  protest  upon  the  Journal  of  this  Convention. 
It  certainly  is  their  privilege  so  to  do.  That,  we  should  concede;  that,  I 
am  ready,  as  an  individual,  cheerfully  to  concede.  That,  we  admit,  is 
proper  and  competent ;  that,  they  may  properly  and  legitimately^  ask,  and 
to  deny  it  would  be  discourteous  and  unkind  on  the  part  of  the  majority. 
But,  sir,  the  idea  of  attaching  to  the  Constitution,  and  sending  out  with 
the  Constitution,  publicly,  to  the  people  of  the  State  and  to  the  world,  a 
protest,  assigning  reasons  of  that  kind,  for  a  disapproval  of  the  Constitu- 
tion— I  must  suggest,  Mr.  President,  it  certainly  is  a  wonderful  stretch  to 
suppose  that  we  are  under  obligations  to  do  anything  of  that  kind  !  On 
the  contrary,  I  have  no  hesitation  in  saying  that  we  should  be  destitute  of 
all  sense  of  self-respect,  to  permit  or  consent  to  such  a  proceeding,  and 
should  show  ourselves  such  a  pack  of  ninnies  as  to  be  utterly  unworthy 
the  confidence  placed  in  us  by  the  people  of  Arkansas,  and  when  the  ques- 
tion should  be  fairly  canvassed,  could  not  but  be  regarded  with  contempt, 
by  the  honorable  gentlemen  themselves. 

So  far  from  this  being  a  right,  as  is  claimed,  it  is  the  uniform  practice 
of  dissenting  members  in  a  body  of  this  kind,  where  a  constitution  has 
been  adopted  by  the  Convention,  they  voting  in  the  negative, — and,  if  they 
choose,  setting  forth  their  reasons  for  their  votes,  or  even  formal  protest, 
such  as  is  now  before  the  Convention,  all  of  which  reasons  or  protest  may 
and  ought  to  be  spread  upon  the  Journal, — then  themselves  to  sign  the 
constitution.  I  have  never  before  known  of  a  departure  from  this  rule. 
And  I  supposed  that,  as  a  matter  of  course,  the  honorable  gentlemen  in 
the  Opposition  would  feel  called  upon,  in  self-respect,  and  in  deference  to 
the  official  action  of  this  Constitutional  Convention,  to  attest  the  validity 
of  that  action,  in  the  adoption  of  the  Constitution,  by  attaching  their 
names  to  the  instrument,  when  adopted.  They  have  struggled  against  it, 
they  have  debated  it,  they  have  acquitted  themselves  creditably,  sir;  but, 
as  a  matter  of  course,  we  think  we  beat  them  in  the  argument — we  know  we 
did  in  the  votes;  we  carried  the  Constitution — we  did  it  honorably — we 
think  we  did — we  certainly  tried  to.    That  being  done,  we  hold  that  they 

(  757  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


The  Constitution.— BROOKS— HOGE— HODGES  of  Pulaski— GANTT. 


are  bound — in  courtesy,  only,  of  course — to  sign  the  Constitution,  attesting 
thereby  the  validity  of  the  official  action  of  this  Convention.  If  they  see 
fit  to  refuse,  that,  of  course,  is  for  themselves.  "We  do  not  demand  it;  we 
only  expect  they  w^ill  follow  the  footsteps  of  their  illustrious  predecessors, 
and  do  what  their  friends  of  the  Opposition  to  Republicanism  have  been 
accustomed  to  do,  and  sign  the  Constitution,  though  they  have  been  left 
out  in  a  hopeless  minority. 

I  have  now  before  me  a  case  parallel,  where  the  minority  were  reduced 
to  seven;  yet  they  signed  the  Constitution.  

Mr.  HOGE.  How  about  the  Alabama  Constitution? 

Mr.  BROOKS.  I  have  not  seen  the  signatures  to  that  Constitution.  It 
may  be  that  there  is  a  deeper  depth  of  degradation  and  treasonable  antag- 
onism to  the  Government,  in  these  States,  than  we  have  ever  deemed.  It 
may  be  that  the  Opposition,  here,  out-Herod  Herod.  "We  did  suppose  we 
had  to  deal,  in  the  ITorthwest,  with  as  intense  an  antagonism  as  existed 
anywhere  in  the  United  States, — men  moulded  after  the  fashion  of  Au- 
gustus Csesar  Dodge,  Hall,  and  George  W.  Jones.  It  may  be  that  we 
have  a  deeper  type  here,  and  that  gentlemen  will  feel  called  upon  to  spit 
upon  the  official  action  of  the  Convention.  But,  sir, — and  in  these  remarks 
I  do  not  allude  to  the  gentleman  from  Prairie  [Mr.  Gantt], — let  them  spit 
in  their  ow^n  dish,  and  not  in  ours;  let  them  not  ask  of  us  anything  which 
we  cannot  in  self-respect  permit. 

Mr.  HODGES,  of  Pulaski.  If  it  is  asked  that  this  protest  accompany 
the  Constitution,  I  shall  renew  my  motion,  that  it  be  laid  upon  the  table. 
If  the  gentleman  is  content  to  have  it  spread  upon  the  Journal,  I  will 
withhold  my  motion,  and  move  the  contrary. 

Mr.  GAISTTT.  I  do  not  withdraw  the  request. 

Mr.  BROOKS.  I  move  that  the  request  be  rejected.  If  gentlemen  will 
not  concede  anything,  ive  wdll  concede  nothing. 

Mr.  HOGE.  My  idea  is,  that  the  Constitution  goes  forth  to  the  people, 
and  that  every  name  that  is  attached  to  it,  endorses  it.  If  so,  then  after 
those  "loyal"  signatures  are  appended  to  it,  we  can  put  our  protest. 
That  sufficiently  attests  the  Constitution. 

Mr.  BROOKS.  The  honorable  gentleman  is  entirely  mistaken,  in  that 
respect.  The  signatures  appended  to  the  Constitution  are  a  purely  official 
attestation  of  the  official  action  of  the  Convention.  It  is  so  regarded  by  the 
respectable  politicians  of  the  whole  nation,  so  regarded  by  legal  .gentle- 
men. A  protest,  the  embodiment  of  the  sentiments  of  members  opposed 
to  the  Constitution,  is  found  in  their  votes,  on  the  call  of  the  yeas  and 
nays,  and  in  their  explanations  of  those  votes;  and  if  they  choose  to  have 
their  protest  spread  upon  the  Journal,  they  have  that  right.  Their  signa- 
ture to  the  Constitution  is  no  approval  of  the  Constitution.  We  do  not 
ask  them  to  sign  it.  It  was  merely  suggested,  incidentally;  and  I  should 
(  758  ) 


Feb.  14th.]  AEKAXSAS  COXSTITUTIOXAL  COXYEXTIOX.  [31st  Day. 


The  Constitution.— BEOOKS—GAXTT— HODGES  of  Pulaski. 


not  have  said  a  word  upon  the  subject,  had  it  not  taken  the  shape  it  now 
assumes.  I  regret  that,  with  our  manifest  solicitude  to  treat  them  with 
the  utmost  respect,  and  our  willingness  to  spread  upon  the  Journal  the 
protest  which  thej  offer,  gentlemen  still  appear  dissatisfied  with  our 
course. 

I  wish,  however,  to  apologize — it  is  the  first  time,  I  believe,  that  I  have 
had  occasion  to  do  so,  during  the  proceedings, — and  to  withdraw  my  mo- 
tion to  reject.  I  do  not  wish  myself,  or  any  other  honorable  member 
voting  with  us,  to  become  excited,  and  to  do  that  which  would  seem  to  be 
even  ungenerous.  I  withdraw  the  motion.  I  am  willing  to  vote  that  the 
protest  be  spread  upon  the  Journal;  but  not  that  it  be  appended  to  the 
Constitution. 

Mr.  GAXTT.  I  desire  to  say  but  one  word.  It  is  getting  too  late  to 
indulge  in  extended  debate.  It  is  not  my  purpose  to  do  so.  So  far  as  re- 
gards our  willingness  to  do  what  is  honorable  and  correct,  we  claim  to  be 
the  judges  of  what  it  is  necessary  for  us  to  do  ;  and  -so  far  as  I  am  immedi- 
ately concerned, — and  I  think  the  other  gentlemen  Avho  signed  that  paper 
will  agree  with  me, — we  are  entirely  satisfied  with  our  action  in  the  prem- 
ises, and  feel  no  want  of  self-respect,  in  this  matter.  And  I  will  remark 
further,  that  Avlien  we  presented  this  respectful  protest,  the  first  action 
taken  upon  it  was  the  presentation  of  a  motion  to  lay  it  upon  the  table; 
and  I  stand  here  to-day  and  defy  the  gentleman  to  find,  in  all  the  history 
of  deliberative  bodies,  a  solitary  instance  in  which  such  a  body  has  re- 
fused to  allow  a  member  to  place  his  protest  upon  the  Journals.  I  defy 
the  gentleman  to  find,  in  all  the  history  of  legislation,  in  the  proceedings 
of  a  solitary  respectable  body  upon  earth,  a  refusal,  to  members  of  that 
body,  of  the  right  to  place  upon  tlie  records,  or  a  motion  to  lay  upon  the 
^    table,  or  to  reject,  a  protest !  

Mr.  BEOOKS.  I  ask  to  make  an  explanation.  I  made  the  motion  to 
reject,  after  the  irritating  passes  between  us,  and  immediately  afterward 
withdrew  it;  and  I  am  ready  to  move,  and  these  Eepublican  members,  I 
believe,  are  ready  to  approve  the  motion,  to  spread  the  protest  upon  the 
Journal.  And  at  the  end  of  my  remarks,  had  the  gentlemen,  when  ap- 
pealed to  so  to  do,  withdrawn  their  proposition  to  attach  the  protest  to  the 
Constitution,  there  would  not  have  been  a  word  of  objection  to  its  appear- 
ance in  the  Journal. 

I  repeat,  I  am  ready  to  move,  and  I  will  move,  when  I  am  able  to  get 
the  fioor  for  such  a  purpose,  a  substitute  for  the  motion  of  the  gentleman 
from  Pulaski  [Mr.  Hodges],  and  shall  propose  that  the  protest  be  spread 
upon  the  Journal. 

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  personal  explanation.  I  have 
already  said  that  I  am  wilhng  to  witlidraw  my  motion,  and  to  move  that 
the  protest  be  spread  upon  the  Journal.    I  now  withdraw  the  motion  to 

(  T59  ) 


1868.] 


DEBATES  AND  PEOCEEDINGS  OF  THE 


[Friday, 


Eemoval  of  Political  Disabilities — Expenses  of  Convention — Final  Adjournment. 


lay  the  protest  upon  the  table,  and  move  it  be  spread  upon  the  Journal, — 
so  that  gentlemen  may  talk  about  something  before  the  Convention. 

The  question  was  taken  on  the  motion  that  the  protest  be  spread  upon 
the  Journal;  and  the  motion  was  agreed  to. 

REMOVAL  OF  POLITICAL  DISABILITIES — AGAIN. 

Mr.  SNYDER  offered  the  following  resolution : 

Besolved :  That  five  hundred  copies  of  the  Eeport  of  the  Committee  on  Me- 
morial for  the  Relief  of  Disabilities,  be  printed  for  the  use  of  this  Convention. 

Mr.  HODGES,  of  Pulaski.  I  rise  to  a  point  of  order.  'No  report  has 
been  submitted. 

The  PRESIDENT.  Gentlemen  can  vote  for  the  resolution,  if  they  desire. 
It  would  be  more  proper  to  order  the  Report. 

Mr.  SNYDER.  I  will  so  modify  the  resolution  that  the  Committee  be 
required  to  submit  the  Report. 

Mr.  MONTGOMERY.  I  cannot  vote  for  the  printing  of  an  instrument, 
until  I  can  see  it,  or  hear  from  it  in  some  way. 

The  question  was  taken;  and  the  resolution  was  rejected. 

EXPENSES  OF  THE  CONVENTION— AGAIN. 

The  PRESIDENT  laid  before  the  Convention  the  following  telegram, 
communicated  by  TIenry  Page,  Treasurer  of  the  State : 

Headquarters,  Vicksbtjrg,  Miss. 
February  13th,  1868. 

Henry  Page, 

State  Treasurer. 

No  funds,  except  as  stated  in  letter  of  2d  Inst.,  will  be  allowed,  to  pay  Con- 
vention expenses. 

John  Tyler, 
A.  A.  A.  Gen. 

FINAL  ADJOURNMENT. 

Mr.  HODGES,  of  Pulaski.  I  now  move  that  the  Convention  adjourn, 
subject  to  the  call  of  the  President,  in  accordance  with  the  resolution  here- 
tofore adopted  by  this  Convention. 


(  760  ) 


Feb.  14th.]  AEKAT^SAS  COJSTSTITUTIOI^AL  CONYENTIO]^.  [31st  Day. 


Valedictory  Eemarks  of  the  President. 


VALEDICTORY  REMARKS  OF  THE  PRESIDENT. 

The  PRESIDEi^T.  Before  putting  that  motion  to  the  vote,  I  desire,  if 
the  gentleman  will  temporarily  withdraw  it,  to  make  a  few  remarks : 

Gentlemen  of  the  Convention  : 

The  arduous  labors  of  this  Constitutional  Convention  are  being  brought 
to  a  close.  Before  adjourning,  permit  me  to  express  to  you  my  high  ap- 
preciation of  the  compliment  implied  in  calling  me  to  preside  over  your 
deliberations,  and  to  return  to  you  my  sincere  thanks  for  the  uniform 
courtesy  and  kindness  extended  to  me. 

While  I  brought  to  the  position  neither  age  nor  experience,  I  have  en- 
deavored to  atone  for  that  want,  by  an  earnest  and  honest  effort  to  deal  fairly 
and  impartially  with  all.  That  I  have  committed  errors,  it  is  but  natural  to 
expect ;  that  I  have  performed  imperfectly  the  high  and  responsible  duties 
devolved  upon  me  by  your  kind  partiality,  I  am  free  to  confess.  I  only 
claim  to  have  acted  in  the  conscientious  discharge  of  my  duty,  anxious  to 
please  all,  hoping  to  offend  none.  Then,  if,  in  the  midst  of  heated  debates, 
or  in  the  settlement  of  vexed  questions,  suddenly  thrust  upon  me,  I  have, 
by  any  unguarded  word  or  act,  wounded  in  the  slightest  degree  the  sensi- 
bilities of  any  member  present,  it  was  as  foreign  to  my  purpose  as  to  my 
nature,  and  I  hope  it  may  be  all  forgiven  and  forgotten,  ere  we  separate 
and  go  hence. 

We  met  here,  I  honestly  believe,  each  to  promote  the  welfare  of  our 
country,  as  we  understood  it.  We  have  exerted  ourselves  to  that  end, 
though  in  paths  quite  divergent.  But  while  w^e  have  differed,  and  may 
still  differ,  let  it  not  be  as  enemies,  but  as  friends  and  brothers,  laboring 
for  the  common  good.  In  separating,  let  us  strive  to  remember  only  that 
which  was  pleasant  in  our  intercourse  with  each  other.  In  advocating  our 
views,  as  public  policy,  before  the  people,  strengthened  rather  than  shaken 
by  discussions  in  these  halls,  let  us  do  so  in  charity  and  mutual  forbear- 
ance, leaving  it  to  the  Author  of  all  good  to  settle  the  question  aright. 
And  I  beg  of  you,  each  individually,  to  remember  that,  wherever  your 
pathway  may  lie,  you  will  carry  with  you  my  most  ardent  wishes  for  your 
health  and  happiness  ;  while  I  pledge  you,  I  will  cherish  within  me  none 
but  the  most  pleasant  recollections,  of  these  scenes  and  this  occasion. 

This  much  personally.  But  weightier  matters  claim  a  passing  notice  at 
my  hands.  We  met  here  under  extraordinary  circumstances.  A  stu- 
pendous civil  war,  involving  issues,  direct  and  collateral,  greater  than  the 
world  had  ever  witnessed,  had  but  recently  closed.  Three  millions  of 
slaves  were  emancipated — their  status  pressed  for  solution.  The  practical 
relations  of  our  State  with  the  Federal  Government  had  been  disturbed. 
These  were  to  be  settled  and  resumed.    The  placing  of  our  State  Govern- 

(  761  ) 


1868.] 


DEBATES  AND  PEOCEEDmGS  OF  THE 


[Friday, 


Valedictory  Kemarks  of  the  President. 


ment  in  the  hands  of  avowed  and  undisguised  friends  of  the  Govern- 
ment, m  preference  to  its  open  enemies  or  secret  foes,  was  not  to  be  over- 
looked; and  the  framing  of  a  State  government,  republican  in  form,  was 
imperative. 

It  was  by  the  voice  of  the  Federal  Government,  acting  in  reference  to 
its  own  life,  that  a  Convention  for  these  ends  was  ordered,  and  by  the 
voice  of  the  people  of  Arkansas  that  we  have  met.  You  have  endeavored 
to  conform  your  action  to  the  exigencies  of  the  occasion ;  and,  by  patient  and 
earnest  endeavors,  and  an  unselfish  patriotism,  your  work  has  been  well, 
and  under  the  circumstances,  speedily,  performed.  The  rest  remains  for 
the  action  of  the  people. 

The  greater  portion  of  the  proposed  Constitution  will  be  passed  over  by 
its  opponents,  with  but  slight  comment.  But  that  part  of  it  in  which  the 
Government  reaches  out  its  arms  and.  extends  equal  political  rights  to  all 
its  citizens,  will  be  the  most  bitterly  declaimed  against. 

By  a  strange  kind  of  sophistry,  it  will  be  declared  that  we  favor  "  legis- 
lating one  class  of  men  better  than  another" — that  we  favor  "negro 
supremacy,"  and  the  like.  And  yet  in  truth,  the  Constitution  proposed 
by  you,  speaking  for  itself,  aims  to  make  no  man  better  than  another.  It 
requires  our  Government  to  give  every  man  the  same  chance,  and  no  other, 
that  every  other  man  has,  in  order  that  each  may  prosper,  and  have  cause 
to  love  his  country.  Socially,  it  leaves  men  just  where  it  finds  them — 
just  where  society  has  placed  them.  Politically,  it  places  all  men  upon 
the  same  broad  level — the  humble  and  the  great,  the  poor  and  the  proud. 
For  this  we  are  all  called  Radicals.  And  yet,  where  upon  the  globe  can 
a  grander  epitome  of  true  democracy  be  found  than  in  these  few  words : 
Equality  before  the  law  f  The  world  has  struggled  and  bled  for  ages  to  reach 
it.  Armies  have  perished,  and  whole  peoples  been  destroyed,  in  fruitless 
efibrts  to  achieve  it.  And  yet  there  is  hope  left.  The  throes  of  succes- 
sive centuries  bring  the  people  nearer  to  it.  In  1776,  the  Old  World 
having  despaired  of  its  achievement,  it  was  asserted  by  a  handful  of  de- 
voted patriots  in  the  New,  and  its  acknowledgment  wrung  from  the  bloody 
and  reluctant  hands  of  the  haughtiest  nation  on  earth  !  It  was  asserted 
and  conceded,  and  the  world  breathed  freer.  But  it  has  not  been  allowed 
and  practised  ;  and  hence,  to-day,  from  afresh  baptismal  of  fire  and  blood, 
it  pleads  anew  the  sanction  of  our  fathers,  and  demands  to  be  made,  in 
name  and  in  substance,  the  solid  and  enduring  basis  of  the  people's  great 
Republic.  To  contribute  our  influence  to  that  end,  w^e  have  inserted  it  in 
the  Constitution  about  to  be  submitted  to  our  people.  It  is  no  new  idea. 
It  is  but  the  echo  of  the  voices  of  our  fathers,  coming  down  to  us  through 
the  stream  of  years,  which,  falling  unheeded  on  three  generations,  arrests 
only  the  attention  of  the  fourth,  over  the  graves  of  its  fallen  heroes,  and 
the  ashes  of  its  solemn  desolation.  Will  it  fall  again  on  deaf  ears  ?  Heaven 
(  ) 


Feb.  14th.]  AEKAi^SAS  CONSTITUTIOJSTAL  CONYENTIOI^.  [31st  Day. 


rinal  Adjournment— Kemoval  of  Political  Disabilities.— MOIS'TGOMEET— HODGES. 


forbid  !  The  proposition  is  so  plain  and  simple,  its  democracy  so  pure  and 
just,  and  itself  so  full  of  truth  and  sublimity,  that  we  need  have  no  fears 
of  its  meeting  the  hearty  approval  of  our  loyal  and  liberty-loving  people. 

So  we  send  out  this  instrument,  the  result  of  many  days'  toil  and  labor, 
as  the  hope  of  the  masses — as  the  harbinger  of  peace,  of  prosperity  and 
happiness ;  and  send  with  it  our  hopes  and  prayers,  that  no  evil  counsels, 
or  appeals  to  passion  or  prejudices,  will  induce  its  rejection;  and  in  the 
full  confidence,  that  if  ratified,  a  new  era  will  dawn  upon  our  State — so 
rich  in  resources,  and  yet  so  neglected — so  great  in  natural  w^ealth,  and 
yet  so  poor  in  material  progress — so  blessed  by  Providence,  and  yet  so 
cursed  by  man  ! 

For  this  consummation,  let  us  pledge  ourselves  anew,  and  gird  us  for 
the  final  conflict,  and  the  glorious  triumph.  And  for  me,  I  should  ask  no 
greater  reward  while  living,  than  the  consciousness  of  having  contributed 
my  humble  aid  in  restoring  peace  and  prosperity  to  a  distracted  and  dis- 
pirited people.  E'o  prouder  epitaph  when  dead,  than  that  of  having  de- 
voted my  feeble  powers  to  assist  in  making  practical  and  effective,  the 
deathless  sentiments  of  the  framers  of  the  Declaration  of  Independence. 

FINAL  ADJOURNMENT— AGAIN. 

Mr.  SMITH  renewed  the  motion  that  the  Convention  now  adjourn,  sub- 
ject to  the  call  of  the  President,  in  accordance  with  the  resolution  before 
adopted  by  the  Convention. 

The  PPESIDE^nTT.  The  Chair  has  considered  the  motion  as  only  tem- 
porarilj^  withdrawn,  and  as  now  before  the  Convention. 

REMOVAL  OF  POLITICAL  DISABILITIES — AGAIN. 

Mr.  MOlsTTGOMEPY.  I  have  a  motion  to  offer,  which  I  think  very 
important;  and  if  the  gentleman  [Mr.  Hodges]  will  withdraw,  for  just  one 
moment,  his  motion  of  adjournment,  I  will  submit  it.  I  do  not  propose  to 
offer  any  argument — 

Mr.  HODGrES,  of  Pulaski.  If  the  gentleman  will  send  up  his  motion, 
the  motion  for  adjournment  will  be  withdrawn,  if  what  he  desires  to  offer 
is  anything  of  importance. 

Mr.  MOOTGOMEEY.  Is  it  necessary  that  I  should  put  the  motion  in 
writing? 

The  PRESIDENT.  The  gentleman  may,  by  consent,  state  it  verbally. 

Mr.  MOi^'TGOMERY.  I  understand  that  the  Committee  appointed  to 
draft  a  memorial  to  Congress,  for  the  removal  of  disabilities  of  such  citi- 
zens as  have  aided  reconstruction,  have  drawn  up  that  Memorial,  and 
that  the  names  have  been  inserted.  The  Committee  was  directed  to 
report  the  Memorial  to  this  Convention.    I  hope  the  Convention  will  not 

(  763  ) 


1868.]       AEKAN'SAS  CONSTITUTIONAL  CONYENTIOK  [Feb.  14th. 


Yote  of  Thanks  to  the  President — Final  Adjournment. 


adjourn  until  that  Committee  shall  report.  I  move,  sir,  that  the  Com- 
mittee be  directed  to  report  instanter. 

Mr.  HODGtES.  I  do  not  withdraw  my  motion. 

VOTE  OP  THANKS  TO  THE  PRESIDENT. 

Mr.  REYlSrOLDS.  I  would  ask  the  gentleman  [Mr.  Hodges]  to  with- 
draw his  motion,  to  enable  me  to  present  a  privileged  question — a  matter 
which  should  have  been,  but  has  not  been,  attended  to  by  the  Convention. 

The  PRESIDENT.  The  gentleman  may  state  to  what  he  refers. 

Mr.  REYN'OLDS.  I  desire  to  move  that  a  vote  of  thanks  be  tendered 
to  the  President  and  Secretaries  of  the  Convention. 

Mr.  HODGES,  of  Pulaski.  I  think,  sir,  the  gentlemen  of  the  Conven- 
tion, on  the  other  side  of  the  hall,  have  very  fully  expressed  our  views 
upon  that  subject.    You  have  now  our  thanks,  and  the  thanks  of  us  all. 

The  PRESIDENT.  It  is  so  understood  by  us  all. 

FINAL  ADJOURNMENT. 

The  question  was  then  taken;  and, 

Mr.  MONTGOMERY  calling  for  a  division. 

Thirty-seven  members  voted  in  the  affirmative — those  voting  in  the 
negative  not  counted. 

Mr.  MONTGOMERY.  It  is  a  choking-off  game;  but  we  will  have  to 
submit. 

The  PRESIDENT  announced  the  result,  as  follows : 
The  Ayes  have  it. 

I  now  declare  this  Convention  adjourned,  subject  to  the  call  of  the  Presi- 
dent thereof,  or,  in  case  of  his  death,  absence,  or  disability,  then  subject 
to  the  call  of  one  of  the  six  Vice-Presidents,  in  accordance  with  resolu- 
tions heretofore  passed  by  this  Convention. 

And  thereupon,  at  12,  m.,  of  Friday,  February  14th,  1868,  the  Conven- 
tion adjourned;  to  be  convoked,  in  case  the  Constitution  should  not  be 
ratified,  by  the  President,  or,  in  the  event  of  his  absence,  or  inability  to 
perform  the  duties  of  his  office,  by  one  of  the  Vice-Presidents,  in  ac- 
cordance with  the  provisions  of  the  resolution  of  the  Convention ;  but  if 
not  so  convoked  within  one  year,  then  to  stand  adjourned  sine  die. 


(  T64  ) 


9 


APPENDIX. 


/ 


CONTENTS 


OF  APPENDIX. 


[It  has  been  thought  most  convenient  to  arrange  the  papers  in  this  Appendix  in  chronologi- 
cal order.] 


PAPEES  PEEOEDENT  m  DATE  TO  ASSEMBLING-  OP  CONVENTION. 

A.  Abstract  of  returns  of  preliminary  registration. 

B.  Abstract  of  returns  of  election  on  the  question  of  holding  a  convention. 

C.  Supplemental  paragraphs  to  Gen.  Orders  Xo.  43,  Hdqrs.  Fourth  ]y".ilitary 

District;  announcing  additional  elections  of  delegates. 


•  II. 

PAPEES  BELONOINa  TO  THE  EEOOEDS  OP  THE  CONVENTION. 

D.  Testimony  accompanying  Eeport  of  Committee  on  Elections,  on  the  con- 

tested election  in  Ashley  County. 

E.  Testimony  accompanying  Eeport  of  Select  Committee  on  the  Penitentiary. 


III. 

PAPEES  SUBSEQUENT  IN  DATE  TO  ADJOUENMENT  OF  CONVENTION,  AND 
PEECEDENT  TO  ELECTION  FOE  EATIFICATION  OF  CONSTITUTION. 

F.  Proclamation  of  the  President  of  the  Convention,  giving  notice  of  election 

to  be  held  under  supervision  of  Gen.  Comm'd'g  Fourth  3Iil.  District,  for 
ratification  of  the  Constitution. 

G.  Xotice,  by  Board  of  Commissioners  of  Election,  of  election,  under  provis- 

ions of  the  Constitution,  for  the  ratification  thereof. 

H.  General  Orders  Xo.  4,  Hdqrs.  Sub-District  of  Arkansas,  Feb.  14,  1868 

(election  for  ratification  of  Constitution — revision  of  registration). 

I.  General  Orders  No.  7,  Hdqrs.  Fourth  Military  District,  Feb.  14,  1868  (an- 

nouncement of  adoption  of  Constitution — election  for  ratification — revis- 
ion of  registration — regulations  of  election). 
J.  Correspondence  between  Board  of  Commissioners  of  Election,  and  Bvt.  3Iaj. 
Gen.  A.  C.  Gillem,  comm'd'g  Fourth  3Iilitary  District  (payment  of  ex- 
penses of  the  election  provided  for  by  Schedule  to  Constitution),  being  : 

(  767  ) 


AEKAI^SAS  CONSTITUTIOISrAL  CONYENTION,  1868. 


1.  Communication  from  Board  of  Commissioners  of  Election  to  Bvt. 

Maj.  Gen.  Gillem,  Feb.  20,  1868. 

2.  Communication  from  Bvt.  Maj.  John  Tyler,  A.  A.  A.  G.,  by  direction 

of  Bvt.  Maj.  Gen.  Gillem,  to  Board  of  Commissioners  of  Election, 
Mar.  2,  1868  (in  response),  enclosing : 

a.  Letter  of  directions  from  Hdqrs.  Fourth  Military  District  to 
Hon.  W.  E.  Miller,  Auditor  State  of  Arkansas  (ordering 
issue  of  warrants  for  payment  of  expenses  as  above,  from 
funds  appropriated  for  defraying  expenses  of  Convention.) 
K.  Amendatory  Eeconstruction  Act  of  Congress,  of  date  February  28,  1868. 

lY. 

PAPEES  SUBSEQUENT  IE  DATE  TO  ELECTION  FOR  EATIFIOATION  OF 

CONSTITUTION. 

L.  Proclamation  of  Board  of  Commissioners  of  Election,  announcing  ratifica- 
tion of  Constitution  at  election  held  under  provisions  of  the  Schedule 
thereto. 

M.  Abstract  of  returns  of  election  held  under  provisions  of  the  Schedule,  for 
ratification  of  Constitution. 
Letter  of  transmittal,  from  the  President  of  the  Convention,  to  the  Presi- 
dent of  the  United  States,  forwarding  (in  accordance  with  provisions  of 
Acts  of  Congress,  and  of  the  Constitution  of  Arkansas)  copy  of  the  Con- 
stitution of  the  State  of  Arkansas,  together  with  Abstract  of  votes  cast 
at  election  held,  under  provisions  of  the  Schedule,  for  ratification  of  the 
Constitution. 

O.  Lists  of  State  officers,  Senators,  Eepresentatives,  and  Members  of  Congress, 
chosen  at  the  first  election  held  (March  13th,  1868)  under  the  provisions 
of  the  Constitution  of  1868 ;  President  of  the  Senate,  Speaker  of  the 
House  of  Eepresentatives,  and  United  States  Senators  elected. 
P.  Proceedings  of  the  General  Assembly  of  the  State  of  Arkansas,  upon  the 
ratification  of  the  Fourteenth  Article  of  Amendment  to  the  Constitution 
of  the  United  States:  including  : 

1.  Proposed  Fourteenth  Article  of  Amendment  to  the  Constitution  of 
the  United  States. 

Q.  Letter  from  the  General  of  the  Army,  in  answer  to  resolution  of  House  of 
Eepresentatives,  U.  S.,  transmitting: 

1.  Eeport  of  Bvt,  Maj.  Gen.  Alvan  C.  Gillem,  comm'd'g  Fourth  Mili- 
tary District,  on  election  for  ratification  of  the  Constitution;  in 
eluding : 

a.  Consolidated  report  of  election  upon  ratification  of  Consti- 
tution. 

E.  Note  concerning  action  of  Government  of  the  United  States,  respecting 
admission  of  the  State  to  representation  in  Congress,  and  inauguration 
of  State  Government  under  the  Constitution  framed  by  the  Convention. 


(  768  ) 


APPENDIX 


I. 

PAPERS  PRECEDENT  IN  DATE  TO  ASSEMBLING  OF  CONVENTION. 

A. 

[APPKOXIMATE] 

ABSTRACT  OF  RETURNS  OF  REGISTRATION 

IN  THE 

STATE  OF  ARKANSAS, 

Under  the  Act  of  Congress  of  March  23d,  1867.* 


COUNTIES. 

Registered 

Registered 

TOTAL. 

COUNTIES. 

Registered 

Registered 

TOTAL. 

WHITFS 

vvLvhav. 

II  111  1  IjO, 

rOLORED 

VvLvltlilT. 

Aekansas,    .    .  . 

498 

1030 

1528 

Marion,  .... 

391 

Ashley,  .... 

/  UO 

oUo 

Mississippi,  . 

lyo 

486 

Benton,  .... 

1009 

Monroe,  .... 

625 

551 

1076 

Bradley,     .    .  . 

'908 

'368 

1276 

Montgomery,    .  . 

492 

26 

518 

Calhoun,  .... 

422 

184 

606 

Newton,  .... 

424 

1 

425 

Carroll,  .... 

767 

767 

Ouachita,     .    ,  . 

1084 

870 

1964 

Chicot,  .... 

'268 

894 

1162 

Perry,  .... 

318 

Clark.     .    .    .  . 

1676 

Phillips,  .... 

955 

2681 

3636 

Columbia,    .    .  . 

1313 

'sVo 

2183 

Pike,   

665 

Conway,  .... 

921 

148 

1069 

Poinsett,     .    .  . 

"  172 

"  39 

211 

Craighead,  .    .  . 

522 

41 

663 

^POLK,  

394 

1 

395 

Crawford,   .    .  . 

704 

147 

861 

Pope,  .  ... 

865 

Crittenden,     .  . 

245 

505 

750 

Prairie,  .... 

1683 

Cross,  

415 

184 

699 

Pulaski,  .... 

1494 

2402 

3896 

Dallas,  .... 

668 

337 

1005 

Randolph,    .    .  . 

848 

59 

907 

Desha,  .... 

231 

692 

823 

St.  Francis,  .    .  . 

664 

464 

1028 

Drew,  ..... 

1081 

676 

1667 

Saline,  .... 

712 

42 

754 

Franklin,    .    .  . 

741 

102 

843 

Scott,  

667 

17 

574 

FaLTON,  .... 

306 

Searcy,  .... 

574 

1 

575 

Greene,  .... 

*92i 

'  '  5 

926 

Sebastian,  .    .  . 

1011 

195 

1206 

Hempstead,  .    .  . 
Hot  Spring,  .    .  . 

1307 

1195 

2502 

Sevier,  .... 

667 

260 

827 

825 

Union,  

922 

708 

1630 

Independence, .  . 

1458 

'  142 

1600 

Van  Buren,  .    .  . 

896 

Izard,  

762 

31 

793 

Washington,    .  . 

1813 

'  81 

1894 

Jackson,  .... 

849 

283 

1132 

White,  .... 

1278 

166 

1434 

Je?'person,  .    .  . 

1048 

2733 

3786t 

Woodruff,  .    .  . 

1027 

Johnson,  .... 

664 

72 

736 

Yell,  ..... 

'  731 

160 

881 

Lafayette,  .    .  . 

560 

931 

1491 

Lawrence,  .    .  . 

763 

Little  River,  .  . 
Madison,  .... 

'426 

*327 

753 
716 

Total, .    ,  . 

33,047| 

21,969J 

65,751J: 

Unofficial.  No  official  copies  of  these  returns  could  be  obtained  by  repeated  application  to  Head- 
quarters Fourth  Military  District. 

t  So  in  table  from  which  this  is  copied. 

X  The  apparent  discrepancy  between  the  sum  total  of  the  first  two  columns,  combined,  and  the  last 
column,  results  from  an  omission,  on  the  part  of  the  Registrars  of  some  counties,  to  specify  the  number 
of  whii;e  and  colored  voters,  respectively,  registered  within  the  county. 

The  sums  total,  as  given  in  the  table  from  which  this  is  taken,  are  as  follows:  Whites,  33,047; 
Colored,  21,207.  Total,  65,084.  In  the  absence  of  official  information,  there  are  no  means  of  ascertain- 
ing the  source  of  these  errors — whether  in  the  county  returns,  or  in  the  addition.  Greneral  Orders  No, 
43,  Fourth  Military  District,  series  of  1867,  however,  gives  as  follows  the 

OFFICIAL  EETURN: 
Total  Registered,    ......  66,805. 


49 


(  769  ) 


AEKAIS^SAS  COISrSTITUTIOlSrAL  CO^^YEI^TIOlSr,  1868. 


B. 

[APPKOXIMATE] 

ABSTRACT  OF  RETURNS  OF  ELECTION 

ON  THE  QUESTION  OF 

HOLDING  A  CONYENTION* 


COUNTIES. 

FOR 

Ooavention. 

AGAINST 
Convention, 

COUNTIES. 

FOR 

Convention. 

AGAINST 
Convention. 

Arkansas,     .    .  . 

927 

109 

Marion,  .... 

100 

107 

Ashley,  .... 

5. SI 

549 

Mississippi,  . 

114 

161 

Benton,  .... 

92 

392 

Monroe,  .... 

614 

204 

Bradley,  .... 

230 

Montgomery,  .    .  . 

288 

31 

Calhoun,  .... 
Carroll,  .... 

211 

'l34 

Newton,  .... 

177 

3 

178 

277 

Ouachita,  .... 

817 

551 

Chicot,  

809 

156 

Perry,  

1141 

34 

Clark,  ...    .  . 

685 

400 

Phillips,  .... 

2178 

454 

Columbia,  .... 

970 

594 

Pike,  

195 

77 

Conway,  .... 

200 

Poinsett,  .... 

55 

60 

Craighead,   .    .  . 

233 

'  123 

Polk,  

111 

51 

Crawford,    .    .  . 

370 

233 

Pope,   

433 

91 

Crittenden,  .    .  . 

Prairie,  .... 

467 

533 

Cross,  

*197 

*168 

Pulaski,  .... 

2480 

419 

Dallas,  .... 

374 

326 

Randolph,    .    .  . 

105 

249 

Desha,  

425 

St.  Francis,  .    .  . 

393 

150 

Drew,  

694 

'386 

Saline,  

142 

261 

Franklin,     .    .  . 

285 

198 

Scott,   

195 

11 

Fulton,  .... 

73 

17 

Searcy,  .... 

336 

20 

Greene,  .... 

72 

149 

Sebastian,    .    .  . 

276 

113 

Hempstead,  .    .  . 

1188 

827 

Sevier,  .... 

331 

195 

Hot  Spring,  .    .  . 

303 

121 

Union,  

102 

Independence,  .  . 

513 

231 

Van  Burbn,  .    .  . 

249 

'  *52 

Izard,  

8 

Washington,  .    .  . 

326 

662 

Jackson,  .... 

30 

White,  ..... 
Woodruff,    .    .  . 

184 

539 

Jepeerson,    .    .  . 

2546 

75 

Johnson,  .... 

296 

'289 

Yell,  

*344 

111 

Lafayette,    .    .  . 

896 

289 

Lawrence,    .    .  . 

125 

203 

Little  River,    .  . 

241 

Total,  .    .  . 

*  27,188t 

ll,942t 

Madison,  .... 

323 

57 

*  UnofficiaL  No  ofiBcial  copies  of  these  returns  could  be  obtained  by  repeated  application  to  Head- 
quarters Fourth  Military  District. 

t  The  sums  total,  as  given  in  the  table  from  which  this  is  copied,  are  as  follows  :  For  Convention, 
24,979  ;  against  Convention,  11,293.  In  the  absence  of  official  information,  there  are  no  means  of  ascer. 
taining  the  source  of  error — whether  in  the  county  returns,  or  in  the 'addition. 

General  Orders  No.  43,  Headquarters  Fourth  Military  District,  series  of  1867,  however,  gives  as 
follows  the 

OFFICIAL  EETUEN  : 

For  Convention,   27,576. 

Against  Convention,   13,558. 

(  TTO  ) 


SrPPLEZilEXTAL  PAEAGEAPHS  TO  GEXEEAL  OEDEE  So.  43. 


c. 

SrPPLEMEXTAL  PAEAGEAPHS 

To  Gexeral  Orders  Xo.  43.  Headquarters  ForRTH  Military  District, 

Series  of  1867  (P.  33), 

Arraouncing  AddWoncd  Elections  of  Delegates. 

After  the  first  publication  of  G-eneral  Orders  Xo.  43.  from  Headquarters 
Fourth  Military  District,  Series  of  1867  (which  Order,  as  it  appears  in  this 
volume,  p.  33,  is  printed  from  the  officially  certified  copy  furnished  from 
Headquarters  of  the  District),  the  following  additional  paragraphs,  an- 
nouncing further  elections  of  delegates,  were  inserted,  in  subsequent  issues. 

"  From  Eidependence  County — two  delegates  : 
"Peter  C.  Misner,  George  W.  Dale.'" 

"  From  Izard  County — one  delegate  : 
V.  Adams." 

"From  Jefferson  County — four  delegates: 

"  Samuel  ^Y.  Mallory,  6.  P.  Snyder,  Jas.  M.  Gray,  Wm.  Murphy." 

"From  Johnson  County — one  delegate: 
"  John  H.  Sarber.'"' 


(  ^Tl  ) 


AEKAI^SAS  CO^^"STITUTIONAL  CONYEE^TIO^^,  1868. 


11. 

PAPERS  BELONGING  TO  THE  RECORDS  OF  THE  CONVENTION. 


D. 

[P.  253.] 

TESTIMONY 

ACCOMPANYING  REPORT  OF   COMMITTEE  ON  ELECTIONS, 

ON  THE 

ASHLEY  COU]^TY  COIsTTESTED  ELECTION 


William  F.  Grove,  retained  member  of  the  Board  of  Eegistration,  being  duly 
sworn,  says: 

Question.  Did  you  hold  the  election  in  Ashley  County,  and  if  so,  in  what 
precincts  ? 

Answer,  I  did;  in  De  Bastrop,  ]^ovember  5,  in  Extra,  ^^"ovember  7,  in  Egypt, 
^^ovember  9,  and  in  Carter,  i^"ovember  11. 

Q.  Who  were  the  candidates  for  the  Convention  ? 

A.  Harbison  and  Currie,  Republican,  and  Moore  and  I^"orman,  Conservative. 

Q.  How  did  the  people  conduct  themselves  in  your  precincts  ? 

A.  In  the  first  three  I  heard  no  complaints.  In  the  last  (Carter),  colored 
men  were  deterred  from  voting  by  threats  of  being  thrown  out  of  their  homes 
if  they  voted  the  "  damned  Radical  ticket." 

Q.  How  many  registered  voters  were  there  in  Carter? 

A.  About  76  colored  and  97  white. 

Q.  How  many  votes  were  cast  in  Carter  Precinct  ? 

A.  About  114. 

Q.  Please  state  to  the  Committee  what  yt)u  know  about  the  election  in 
Carter  precinct.  *^ 

A.  Men  came  before  me,  and  made  affidavit  to  the  fact  that  they  were  de- 
terred from  voting  by  threats.  Fifteen  colored  men  in  Carter  Precinct  that 
were  deterred,  each  making  his  affidavit  to  the  fact.  Two  white  men  were 
intimidated  by  threats  that  if  they  attempted  to  vote,  they  would  be  driven 
away  from  the  polls.  All  these  men  said  they  would  have  voted  for  a  Conven- 
tion, and  for  Harbison  and  Currie,  all  being  registered  voters.  The  majority 
against  a  Convention,  was  18.  Also,  in  Carter  Precinct,  eight  colored  men 
voted  against  a  Convention,  and  for  Moore  and  I^orman,  which  was  done  under 
threats  that  if  they  voted  for  a  Convention,  and  for  Harbison  and  Currie,  tbey 
would  not  receive  any  pay  for  what  they  had  done  during  the  year,  and  would 
also  be  driven  from  their  homes,  without  anything  to  eat.  They  wanted  to 
vote  for  both  the  Convention,  and  for  Harbison  and  Currie.  Among  the  per- 
sons making  these  threats  are  the  following:  Joseph  Bell,  Dr.  Frank  L.  Pew, 
William  Lawson,  Abner  Files.  Dr.  Files  brought  a  colored  man  to  the  polls, 
(  772  ) 


TESTIAiOXY  OX  ASHLEY  COrYTY  ELECTION, 


and  I  asked  the  raan  if  he  was  TO:ing  as  he  wanted;  the  man  hesitated,  and 
Files  said.  •  Yes  :  damn  it.  sajyesi  ''  Abner  EiLes.  Glerk  of  the  Connty  Court, 
ttirned  TYesley  David  (colored)  ont  of  his  house,  for  voting  the  Convention 
ticket.    James  Willis  also  turned  a  .  man  out  of  his  house  for  voting  for 

a  Convention,  and  Harbison  and  Coi^ie.  Joseph  Bell  told  a  white  man  he 
heloneed  to  the  Union  Leagtie,  and  if  he  thought  he  did.  he  would  kill  him 
now.  Again.  :  the  morning  of  electionj  said  Beli  went  into  the  store  and  told 
the  same  man  ii'  he  went  to  the  polls  to  vote,  he  would  kill  him  there.  I 
ordered  the  Sheriff  to  aiTest  said  Bell,  who  had  just  gone  out  of  the  door. 
Tinor.  the  Sheriff,  went  out.  and  returned  in  a  few  minutes,  saying  he  could  not 
find  BeU.  Colored  men  from  all  parts  of  the  County  came  in .  reporting  this  state 
of  facts  to  exist. 

William  ELzppzl.  one  of  the  Eegistrars  in  Ashley  CounTv.  being  duly 
sworn,  says  he  heM  the  election  in  the  precinct  of  Bearhouse.  November 
5th;  ITnion.  ZN'ovember  7th:  Portland,  November  9th j  and  Beach  Creek, 
November  11th.  There  were  quite  a  number  of  colored  registered  voters  de- 
terred from  voting.  The  following  votes  were  cast :  Beach  Creek — 13  for  Con- 
vention. 33  against  Convention;  Union — 33  for  Convention,  14  against  Conven- 
tion :  Portland — 55  for  Convention.  80  against  Convention ;  Bearhouse — 5  for 
Convention.  55  against  Convention.  Statement  of  3Ioore:  550,  529 — 21  for 
candidates.  IS  against  Convention.  Fifteen  registered  voters  in  Portland  and 
Union  were  deterred  from  voting.  United  States  soldiers  nred  volleys  in  exul- 
tation of  the  victory.  Thinks  if  the  people  of  Ashley  Cotmty  cotild  have  had 
a  fair  chancef  without  any  excitement,  the  County  wotild  have  gone  lor  a  Con- 
vention by  30  or  40  majority.  There  were  eleven  men  in  Carter  and  Portland 
Precincts,  that  did  not  vote,  who  would  have  voted  for  Convention,  and  Harbi- 
son and  Currie.  had  it  not  been  for  the  threats  used. 

A.  Ci.  CrvyixGHAM.  agent  B.  of  B.  E.  and  A.  L.  at  Hambtn^g.  being  duly 
sworn,  says  : 

Abe.  a  colored  man,  was  assaulted  with  a  bowie-knife,  by  a  man  by  the  name 
CI  Hcrr :  n.  for  voting  for  a  Convention.  Xine  colored  men  came  to  me.  and 
stated  that  they  had  been  driven  from  their  homes,  because  they  had  attempted 
to  vote  for  a  Convention — eight  of  them  were  registered  voters.  Parties 
notified  them,  as  they  started  to  the  polls,  that  if  they  voted  for  a  Convention 
they  would  be  kiUed.  and  left  in  the  swamp.  At  least  three  cases  in  Carter 
Precinct  came  to  me  and  said  they  did  not  vote  for  fear  of  bodily  injury,  when, 
if  they  had  voted,  they  would  have  voted  for  Convention  and  Harbison  and 
Cin-rie.  This  was  upon  their  oaths,  and  the  next  day  after  the  election  in 
Carter  Precinct.  One  man  was  warned,  before  he  voted,  that  if  he  voted  he 
would  be  turned  out  of  his  house  and  be  killed.  After  he  voted,  they  gave 
him  two  hours  to  leave  his  house,  or  he  and  his  family  would  be  burned  in  it. 
This  threat  was  made  by  a  mob  headed  by  James  Wiihs.  Town  Constable,  and 
others.  I  caused  the  man  to  leave  his  house,  and  camp  on  the  common,  near 
my  office.  aU  night,  with  his  family.  A  white  man.  doing  business  in  Hambtiror. 
told  me  he  would  not  go  across  the  plaza  to  vote,  for  all  the  debts  that  were 
due  him,  and  his  stock  of  goods,  which  amounted  to  $20,000.  I  heard  threats 
made,  for  weeks  before  the  election,  that  the  negroes  should  not  vote  in  Ashley 
Countv ;  if  thev  did  they  wotild  be  exterminated. 

(  "3  ) 


AEKAE"SAS  COI^STITUTIONAL  CONVENTION,  1868. 


E. 

[P.  481.] 

TESTIMONY 

ACCOMPANYING  REPORT  OF  THE 

SPECIAL  COMMITTEE  ON"  THE  PENITENTIARY. 


Thomas  Lindsey. — I  am  thirty -five  years  of  age ;  have  been  in  Arkansas  six 
months — came  from  New  York  City ;  have  done  nothing  since  I  came  here  j 
I  have  had  plenty  of  money  up  to  this  time ;  I  have  procured  a  situation  in 
the  Quartermaster's  Department ;  I  do  not  know  anything  about  the  lease  of 
the  Penitentiary ;  I  have  been  four  days  on  watch  at  the  Penitentiary  for  a 
friend  ;  I  think  this  was  in  November.  "While  I  was  there  I  saw  no  improper 
treatment  towards  any  one,  and  heard  no  complaint,  and  saw  no  cause  for 
any.  I  saw  one  man  that  said  he  was  sorry  that  he  was  in  there,  and  wished 
he  had  never  come  ;  do  not  recollect  his  name  ;  I  did  not  see  any  punishment 
inflicted ;  have  never  been  in  a  Penitentiary  before,  as  a  guard.  One  man 
asked  me  for  a  drink  of  water ;  the  guard  would  not  let  me  give  it,  saying 
that,  by  the  prison  regulations,  one  tinful  of  water  must  last  until  dinner-time. 
My  sympathy  was  not  excited  by  association  with  the  prisoner.  I  felt  sorry 
for  the  man  that  regretted  being  there ;  do  not  know  anything  about  the  rules 
in  the  cell  building ;  do  not  know  the  name  of  the  man  who  stooS  at  the  door, 
and  would  not  let  the  man  have  the  water.  I  had  no  instruction  as  to  man- 
agement, or  order  from  any  one  but  Galligan ;  he  told  me  to  have  all  keep 
quiet )  there  was  no  distinction  between  white  and  black ;  the  food  was  good 
and  wholesome ;  I  think  the  convicts  had  sufficient  to  eat ;  they  had  beef  and 
corn  bread  ;  heard  no  complaints  about  food,  from  any  one.  Commenced  work 
at  half-past  seven  ;  stopped  for  dinner,  and  quit  at  half-past  five.  The  impres- 
sion that  I  formed  from  the  food,  labor,  and  treatment,  was  favorable.  Many 
of  them  did  not  work  more  than  half  the  time  ;  were  standing  around  the 
work-room;  so  far  as  I  observed,  had  sufficient  stoves  to  keep  the  rooms  all 
warm,  and  the  convicts  comfortable  ;  they  had  coffee  to  drink. 

Thomas  Lindsey. 

W.  E.  McPherson. — I  am  thirty-five  years  old  ;  lived  in  Arkansas  since  1860; 
I  am  a  policeman,  have  been  one  about  two  weeks  ;  was  a  farmer  before.  I  do 
not  know  anything  about  the  Penitentiary  now  ;  worked  last  spring  for  Hodges, 
Peay  &  Ayliff,  as  a  guard  ;  Hodges  discharged  me  ;  I  think  because  he  could  get 
men  cheaper  ;  I  do  not  think  I  ever  saw  any  very  cruel  punishment ;  I  have  seen 
men  whipped  for  different  offences  ;  they  were  punished  for  disobedience  of  rules 
and  regulations  of  the  prison  ;  I  do  not  recollect  of  an  instance  where  I  thought 
greater  punishment  was  inflicted,  than  order  and  discipline  would  warrant ;  so 
far  as  I  know,  in  three  months  I  was  there,  I  saw  no  discrimination  made  be- 
tween white  and  black  convicts ;  have  seen  soldiers  whipped ;  I  do  not  recol- 
lect how  many  ;  there  were  one  or  two  hard  cases,  who  were  hard  to  control ; 
I  never  whipped  a  soldier ;  do  not  think  the  punishment  was  too  severe  ;  unless 
(  774  ) 


TESTIMONY  BEFOEE  COMMITTEE  ON  PENITENTIAEY. 


they  were  punished,  it  would  be  impossible  to  control  the  place  ;  think  the 
soldiers  serving,  were  all  under  sentence  for  some  kind  of  crime,  that  were 
whipped;  during  the  working  hours,  the  soldiers  were  under  my  charge  that 
I  saw  whipped;  they  were  reported  and  punished,  on  my  report  of  their  con- 
duct ;  Brent  and  McNeal  are  their  names ;  my  impression  was  that  Mr.  Hodges 
desired  such  punishment  only  as  would  enforce  discipline.  I  was  a  guard  be- 
fore Hodges  &  Co,  got  it ;  there  was  no  discipline  there  then  ;  the  men  run  loose 
in  the  prison,  and  the  state  of  discipline  was  such  that  I  think  some  of  those 
about  the  prison  were  afraid  to  go  inside.  A  short  time  before  Hodges  &  Co. 
took  the  prison,  Thomas  Chappel  had  charge,  but  at  the  time  it  came  into  the 
possession  of  Hodges,  Peay  &  Ayliff,  it  was  under  the  charge  of  D.  H.  Wood- 
ard.  Just  before  the  prison  went  into  the  hands  of  Hodges,  Peay  &  Aj^iff, 
Mr.  Woodard  caused  the  prisoners  to  be  disarmed  of  knives,  &c.,  and  watches, 
and  their  hair  cut  short;  and  I  regarded  life  as  being  much  safer  than  it  was 
before,  when  under  the  management  of  Chappell.  I  never  punished  a  convict 
too  severely,  since  Hodges,  Peay  &  Ayliff  took  charge ;  I  do  not  think  I  ever  said 
that  convicts  were  punished  too  severely  ;  think  the  diet  was  better  before, 
under  Mr.  G-eorge,  than  under  Hodges,  Peay  &  Ayliff;  I  do  not  know  how  it 
is  now;  they  could  have  lived  on  much  less,  and  got  along  very  well;  aside 
from  the  diet,  I  do  not  think  any  just  cause  of  complaint  could  be  made.  Beef' 
corn-bread,  coffee,  and  sometimes  wheat-bread,  made  up  their  ration.  Work 
commenced  in  the  shops  about  sun-up  ;  then  rested  for  dinner  about  a  half  an 
hour,  and  worked  until  about  sun-down  ;  during  the  time  the  convicts  were  in 
the  shops  they  were  not  over-worked.  The  health  of  the  convicts  was  good 
during  the  time  I  was  employed  by  Hodges,  Peay  &  Ayliff ;  none  of  them  died, 
and  all  were  well  cared  for  in  the  hospital.  I  never  knew  a  colored  man 
punished  more  severely  than  whites ;  the  instrument  for  punishment  used  was  a 
leather  strap,  about  three  inches  wide,  fastened  on  a  stick  about  a  foot  long. 
I  do  not  know  anything  definitely  about  the  colored  man  who  had  his  leg 
broken.    I  left  the  Penitentiary  the  last  of  May,  1867. 

William  E.  McPherson. 

James  Ard. — I  am  thirty-seven  years  old,  and  a  wagon-maker.  In  1857,  I 
was  convicted  on  charge  of  assault  with  intent  to  kill,  and  sent  to  the  Peni- 
tentiary at  Little  Eock ;  was  pardoned  by  the  Governor ;  commenced  work  in 
the  wagon-shop  in  the  Penitentiary  about  the  1st  of  October,  1867  (as  a 
laborer) ;  was  there  about  a  month  and  a  half ;  have  seen  several  prisoners 
whipped ;  saw  one  whipped  for  taking  a  piece  of  bread ;  I  saw  him  take  it  my- 
self; he  was  struck  over  the  head  with  a  walking-stick  by  John  Woodard; 
did  not  break  the  stick ;  another  man  was  accused  of  stealing ;  saw  him  ex- 
amined; they  found  some  meat-skin  on  his  person;  he  was  whipped — was  a 
colored  man ;  he  got  at  least  twenty-five  lashes  and  not  more  than  fifty ;  in 
1857,  when  I  was  in  the  Penitentiary,  part  of  the  time  I  fared  better  than  the 
prisoners  do  now,  but  a  partpf  the  time  I  fared  as  bad  as  they  do  now;  ail  the 
men  I  saw  whipped  were  colored;  do  not  suppose  they  were  whij^ped  more 
than  the  whites,  only  I  did  not  see  them  whipped ;  I  do  not  know  that  colored 
men  were  harder  to  control  than  white;  have  seen  as  many  as  three  whipjDed 
in  one  day,  and  then  I  have  known  as  long  as  a  week  that  no  one  was  whipjDed; 

(  "5  ) 


AEKANSAS  COE^STITUTIONAL  CONYENTIO^T,  1868. 


have  seen  persons  put  their  feet  upon  the  head  and  neck  of  prisoners  when 
whipping ;  sometimes  it  looked  like  they  had  plenty  of  rations,  then  again  it 
looked  a  little  scant;  they  had  corn  bread,  beef,  beef  soup,  and  coffee.  I^ever 
saw  any  one  so  severely  punished  that  he  could  not  work ;  do  not  think  that 
they  made  any  difference  in  clothing,  food,  or  treatment  of  blacks  and  whites, 
at  least  I  could  see  none — the  tables  looked  alike,  and  about  the  same  food; 
Pears  was  present  when  one  negro  was  whipped,  so  was  Hensley,  and  D.  H. 
Woodard.  John  Woodard  whipped  two  ;  I  never  whipj)ed  anybody ;  I  re- 
ported one  man  because  he  would  not  mind  me;  he  was  not  whipped;  was  a 
colored  man,  but  they  told  him  if  he  did  not  mind  me  that  they  would  whip 
him.  Mr.  Hodges  was  at  Little  Eock  about  one  week  after  I  was  employed, 
and  then  started  North;  I  was  discharged  before  he  returned ;  was  accused  of 
giving  a  prisoner  some  whiskey  ;  never  drank  to  excess  during  working  days; 
was  not  drunk  within  prison  limits;  have  been  a  convict,  sentenced  for  an 
assault  Avith  intent  to  kill;  sent  for  five  years ;  served  my  time  out  all  but  nine 
days;  assaulted  Wm.  Steel  and  Martin  Calaway;  they  assaulted  me  on  the 
public  road;  they  were  the  only  witnesses  against  me;  they  swore  I  com- 
menced on  them;  one  of  them  tried  to  shoot  me;  they  wanted  me  to  swear  a 
lie,  and  I  would  not  do  it.  I  think  they  attacked  me  to  keep  me  from  blowing 
on  them  ;  they  swore  falsely. 

J.  W,  Ard. 

Geo.  E.  Weeks. — I  am  forty-two  j^ears  old,  and  by  profession,  a  surgeon; 
have  been  engaged  in  the  Penitentiary  in  manufacturing,  under  the  provisions 
of  the  Act  of  the  Legislature  of  Arkansas,  by  which  the  Penitentiary  was 
leased  to  Hodges,  Peay  &  Ayliff.  Had  charge  of  the  matter,  fully,  from  1st 
of  October  to  1st  of  December,  1867.  Know  James  Ard  was  at  work  at  Peni- 
tentiary, during  the  time  mentioned,  in  wood-shop.  Discharged  him  on  account 
of  drunkenness  and  general  worthlessness. 

Geo.  E.  Weeks. 

Sworn  and  subscribed  to  before  me,  an  acting  and  duly  commissioned  Justice 
of  the  Peace,  this  first  day  of  February,  A.  D.  1868. 

Clifford  Stanley  Sims,  J.  P. 

Ealph  Wilson  (colored.) — I  am  thirty-one  years  old;  by  occupation,  I  am  a 
blacksmith  ;  spent  nine  months  within  the  past  two  years,  in  the  Penitentiary 
at  Little  Eock  ;  was  convicted  for  stealing  hogs;  got  out  of  the  Penitentiary 
on  the  8th  of  January,  1868 — was  not  pardoned. 

Your  Committee  deeming  this  witness  incompetent,  refuse  to  proceed  further 
with  the  examination. 

Andrew  Mathews  (colored.) — I  am  twenty-nine  years  old;  by  occupation  a 
laborer;  was  in  the  Penitentiary  a  little  over  eleven  months;  was  sent  there 
for  stealing  a  pig;  was  sent  from  Columbia  County;  have  not  been  pardoned; 
served  my  time  out,  and  always  obeyed  the  rules  and  never  got  whipped. 

Your  Committee,  deeming  this  witness  incompetent,  refase  to  proceed  fur- 
ther with  the  examination. 
(  776  ) 


TESTDIOyY  BEFOEE  COAIAHTTEE  OS  PEyiTEyilAET. 


Thomas  Chappzll. — I  am  thirry-eight  years  old:  have  been  a  sievrard.  and  at 
present  a  bar-tender:  have  been  in  this  Sraie  ioT  about  seven  years;  was  em- 
ployed at  the  Penitentiary  as  a  gtiard  during  the  year  1S67:  I  vras  in  charge 
of  the  Penitentiary  then,  for  Mr.  George,  aboitt  a  month  and  six  days  ;  remained 
one  month  as  a  guard,  after  Hodges,  Peay  i^:  Ayhii  got  the  prison.  At  the  time 
thev  took  possession,  there  was  no  discipline:  the  convicts  performed  no  labor  : 
they  run  around  loose  in  the  prison-yard;  they  chopped  their  own  wood. 
After  Hodges.  Peay  ^  Ayhn  took  possession,  they  introduced  prison  discipline, 
such  as  I  supposed  exists  in  other  peniientiaries  :  do  not  think  the  discipline 
unreasonable,  and  if  convicc-s  did  as  was  required,  would  get  along  very  well; 
have  seen  from  ten  to  twenty  blows  with  the  strap  given,  but  never  knew  it 
to  disable  any  one  from  his  ordinary  labor  :  never  saw  the  blood  cut  trom  a 
man:  n^:-  di-L-riniination.  as  tar  as  I  know,  was  made — ^white  and  black  were 
punished  alike  for  Llisobedience :  do  not  think  an  institution  of  that  kind  cotild 
be  properly  controlled  without  the  lash  or  some  such  punishment  :  do  not 
think  the  ^.-:\:■ng  up  in  cells  would  be  such  punishment  as  would  produce  de- 
sirable oi-L-:]:'xine.  The  ration  issued  to  convicts  during  the  time  I  was  em- 
ployed by  Hodges.  Peay  e\:  Aylin.  I  think  was  sufficient,  and  upon  the  whole. 
satisiactC'ry,  -o  far  as  I  know.  Tnere  were  more  blacks  whipped  than  whites: 
none  were  punished  unless  they  violated  the  rules.  The  blacks  seemed  to  ]>e 
as  easily  controlled  as  the  whites.  First  and  second  otfences  were  always 
light;  hardly  ever  punished  for  the  first  onence — have  known  them  punished 
as  often  as  three  times,  btit  for  ddiferent  offences.  I  have  known  the  prisoners 
to  fight,  but  this  was  while  Mr.  G-eorge  had  charge. 

Thomas  Chappell. 

'W.  P.  Ayres. — I  am  eighteen  years  old  ;  by  occupation  a  clerk  :  am  not  doing 
anything  now.  I  have  been  at  the  Penitentiary  for  five  months,  ending  in  No- 
vember last :  was  employed  as  a  guard.  So  far  as  I  know,  during  the  time  I 
was  there,  the  convicts  were  treated  well:  have  seen  convicts  whipped,  but  not 
very  severely — no  more,  in  my  opinion,  than  was  necessary  to  enforce  discipline; 
there  was.  so  far  as  I  observed,  no  discrimination  on  account  of  color ;  colored 
men  were  not  punished  harder  for  the  same  offence  than  white  persons:  order 
and  discipUne  could  not  be  enforced,  unless  some  kind«of  punishment  was 
resorted  to.  and  I  beheve  whipping  to  be  the  best  plan.  I  think  the  convicts 
all  got  enough  to  eat.  There  was  a  man  got  sick  at  the  brick-yard,  who  was 
dropsical;  he  commenced  hollowing:  young  ^oodard  tried  to  make  him  be 
still:  did  not  strike  him.  but  sent  him  in  a  cart  to  the  Penitentiary:  have  un- 
derstood that  the  man  died. 

^.  P.  Ayres. 

.John  G.  Haleibertox. — I  reside  at  Little  E'jck:  am  a  practising  physiciau  ; 
have  been  Attending  Physician  at  the  State  Penitentiary  since  the  7th  of  Feb- 
ruary. 1S67.  and  still  occupy  said  position.  My  rule  is  to  visit  the  prison  daily, 
whilst  making  my  professional  round — generally  in  the  morning.  When  I 
first  went  to  the  prison  as  physician.  I  found  it  in  a  very  dilapidated  condition; 
the  discipline  was  then  in  a  very  chaotic  state  :  as  far  as  I  am  familiar  with 
the  state  of  such  kind  of  discipline.  I  think  it  is  very  good  now.    At  one  time. 

(  :t7  ) 


AEKANSAS  COKSTITUTIO^^AL  CdSTYENTIO^^,  1868. 


when  I  was  crippled,  I  employed  Dr.  Hooper  to  attend  to  the  duties  of  the 
prison  for  me,  for  about  twenty  or  thirty  days.  I  think  the  convicts  received 
plenty  of  good  and  wholesome  food,  and  served  in  good  shape.  I  once  remarked 
to  the  warden  that  I  really  envied  the  convicts  such  a  good  breakfast  as  they 
were  then  enjoying,  as  I  had  not  had  as  good  a  one  myself  As  a  regular 
practising  physician,  I  think  I  could  tell  whether  men  were  stinted,' or  had 
sufiicient  food,  and  I  judge  that  the  convicts  had  plenty  of  food,  by  their  looks 
and  appearance.  I  am  permitted  to  talk  with  the  convicts  whenever  I  desire, 
and  to  enter  or  depart  as  I  wish,  and  also  take  my  friends  with  me ;  I  fre- 
quently take  a  friend  with  me  to  show  him  the  state  of  the  prison,  as  I  feel 
quite  proud  of  the  manner  in  which  it  is  conducted,  and  the  appearance 
of  the  convicts.  I  don't  think,  from  seeing  the  state  of  the  prisoners,  and 
my  facilities  for  ascertaining,  that  there  could  be  any  insufficiency  of  food 
without  my  observing,  and  I  have  never  observed  any  indications  of  that.  I 
have  never  discovered  any  sign  of  corporeal  punishment  sufficient  to  disable  a 
prisoner;  had  any  one  been  so  abused,  I  would  certainly  have  discovered  it. 
My  opinion  of  the  general  health  of  the  convicts  is,  that  it  has  been  very 
remarkably  good.  I  keep  a  record  of  all  deaths  occurring,  with  the  disease  of 
which  they  died.  I  recollect  a  dropsical  case  who  died;  but  I  do  not  remember 
bis  name — he  was  a  colored  man.  Dr.  Hooper,  at  the  time  I  was  crippled, 
attended  on  him ;  he  told  me  he  was  almost  a  dead  man  when  he  came,  and 
explained  to  me  the  nature  of  his  disease.  Persons  afflicted  with  the  disease 
as  badly  as  he  was,  are  liable  to  die  at  any  moment, — he  had  general  dropsy, 
but  particularly  dropsy  of  the  chest — very  suddenly;  and  he  was  very  bad  off 
when  he  came,  and  continued  getting  worse — -I  mean  that  his  disease  was  be- 
coming worse;  and  I  told  Mr.  Woodard,  the  warden,  that  I  thought  out-door 
exercise  would  be  beneficial  to  the  prisoner;  he  was  outside  when  he  was  taken 
so  badly,  and  was  brought  to  the  hospital  and  placed  in  my  care;  he  died  in  a 
day  or  two  afterwards;  I  should  have  noticed  had  he  received  any  bodily  injury. 
I  noticed  none — no  marks  of  any  injury  on  his  person ;  I  think  the  only  and 
sole  cause  of  his  death  was  dropsy,  as  before  stated.  I  am  familiar  with  Acts 
of  the  late  Legislature  under  which  Hodges,  Peay  &  Ayliff  hold  their  contract ; 
they  are  fulfilling  their  contract  strictly  in  accordance  with  said  terms  of  con- 
tract. I  have  exanftned,  from  time  to  time,  the  work  the  said  firm  are  per- 
forming for  the  State  under  said  contract,  and  think  they  are  doing  work  equal, 
if  not  superior,  to  that  of  any  other  public  or  private  contract  I  know  of;  the 
work  is  all  first-class.  My  attention  has  never  been  called  to  the  marks  of 
punishment  on  any  convict.  I  don't  think  there  has  been  any  distinction  made 
in  the  treatment  of  convicts  on  account  of  color;  I  never  knew  any  distinction 
made  in  the  last  three  months.  The  number  of  deaths  has  been  about  one  or 
two ;  since  about  the  20th  of  October  last,  there  has  been  but  very  little  sick- 
ness of  any  kind  in  the  prison.  I  am  acquainted  with  Mr.  Woodard  ;  his  treat- 
ment of  the  convicts  is  as  lenient  as  is  consistent  with  the  prison  discipline. 

J.  G.  Halliburton. 

John  B.  Yoest,  sworn. — I  have  been  in  the  employ  of  the  Penitentiary  since 
the  3d  day  of  January,  1867.    I  worked  for  Alex.  George  all  the  time  he  had 
the  charge  of  it,  and  continued  in  the  employ  of  Hodges,  Peay  &  Aylifl",  after 
(  778  ) 


TESTIAIOXY  BEFOEZ  COXAIITTZE  OS 


PZyiTEXTIAEY, 


tliev  took  it  in  charge,  until  the  Sth  jE.reh.  1S67  :  am  now  at  work  at  the 
State  P:  ~::  rv—c- jninienced  on  the  21it  of  Xoveniber  last;  I  am  gate- 
keeper -1-".:  i.ii'-e  :  first  time  I  was  employed  by  Hodges.  Peay  k  Ayliff, 
I  worked  in  the  blacksmi:^_  .  'A/:-  I  "  ":rk:::g  ±>v  ITr.  G-eorge  I  was 
emp)loyed  as  guard:  Alcx.  George  'Aa  huvc  chiirge  in  person j  iMr.  Chappell, 
the  warden,  was  in  personal  charge  of  it.  I  know  Thos.  Chappell.  I  also 
know  Air.  AJr-Pherson  who  was  employed  at  the  same  time  by  Air,  George. 
The  condition  of  the  prison  at  the  time  Chappjell  was  in  charge  tnider  3Ir. 
George,  was  bad  :  3Ii\  Chappell  complained  a  great  deal  of  the  convicts  fight- 
ing; I  also  heard  the  :  :  :  fl_l^:i:igj  and  saw  them  fighting  with  each  other. 
The  convicts  plotted  at  'jne  to  make  an  escape  by  getting  over  the  wall: 
they  had  a  ladder,  and  some  of  them  were  on  the  wall  getting  over;  a  colored 
pri.soner  came  to  a  guard  and  signified  to  him.  by  signs,  for  him  to  go  round 
the  walls.  TVhen  the  guard  came  to  where  the  prisoners  had  made  theii' 
escape,  they  had  succeeded  in  getting  over  the  wall^ — five  or  six  convicts 
escaped  at  that  time.  The  reason  why  they  made  their  escap)e  was  because 
3Ir.  Chappell.  the  warden.  ihrT'iigh  fear,  did  not  exercise  such  strict  guard  as 
was  reouired — to  go  in  among  the  convicts.  The  convicts 
were  continualiy  r  .  .  -ng.  and  llr.  Chappell  was  afraid  to  go  among  them. 
]Mr.  ChappeU  rer-i:..i  li  I  frequently  that  he  wished  3Ir.  Woodard  was  there  to 
take  charge  of  the  prisoners,  as  he  could  understand  how  to  do  it:  he  wrote 
Mr.  Woodai'd  to  come  and  take  charge,  as  warden,  of  the  Penitentiary.  The 
evenins:  after  the  escape  mentioned,  the  colored  man  who  informed  the  guard, 
was  struck  over  the  neck,  and  almost  killed,  by  a  convict — he  was  struck 
with  a  hand-saw  ;  the  convict,  I  think,  was  a  soldier — ^he  was  a  very  desperate 
man.  The  colored  man  was  also  a  convict.  The  same  day  3Ir.  TToodard  took 
charge,  the  convicts  had  a  fight  :  one  of  them  came  down  to  the  o-ate  and  noti- 
fied the  keeper,  and  ]\Ir.  ^oodard  went  in  and  stopped  the  fight — ^never  had 
any  fighting  since  3Ir.  TToodard  came.  The  prisoners  were  not  safe  before 
3Ir.  AVoodard  came — the  white  convicts  always  abused  the  colored  ones — since 
3Ir.  AYoodard  has  forbidden  the  guards,  and  other  employes,  to  strike  any 
prisoner,  there  is  no  distinction  made  on  account  of  color.  I  see  no  difference 
in  the  quantity  of  food  now  and  in  3Ir,  George's  time — they  have  plenty  of 
rations.  I  have  never  heard  prisoners  complain  of  a  scarcity  of  food,  but  have 
heard  them  say  they  had  plenty. 

JOHX  B.  YuZST. 

I>AViii  Hill  Aolored." — I  am  twenty-eight  years  old  :  have  been  employed  at 
the  Penitentiary  about  .r;  attend  to  such  things  as  Caj)tain  Hodges 

may  direct.  I  am  in  the  pri-on  more  or  less  every  day ;  get  all  the  water  for 
drinkiDg  and  cooking  pm^poses  inside  the  prison  walls  ;  am  usually  there  before 
any  of  the  convicts  get  breakfast;  have  often  been  there  during  meals;  hav^e 
seen  what  the  convicts  had  to  eat — told  a  prisoner  to  bring  me  his  ration  of 
bread  ;  he  did  so ;  it  was  about  the  usual  size  given  for  one  meal ;  it  weighed 
precisely  one  pound  and  a  quarter  :  it  was  corn  bread.  I  asked  him  if  he  got 
that  three  times  a  day ;  he  said  he  did,  and  meat  in  proportion.  I  think  that 
they  got  in  the  neighborhood  of  five  pounds  of  food  per  day.  Prisoners  who 
attend  at  the  stables,  have  often  given  me  their  stirpes  rations,  saying  that 

(  "9  ) 


AEKANSAS  COJSTSTITUTIO^^AL  CONYENTIOX,  1868. 


they  had  more  than  they  wanted.  I  have  been  there  at  all  hours  in  the  day; 
the  keeper  lets  me  out  and  in  whenever  I  want  ]  never  saw  any  one  whipped, 
and  have  tried  to  see  some  of  them,  but  never  did.  I  have  looked  to  see  if 
there  was  any  difference  in  the  treatment  of  black  and  white  people,  but  never 
could  see  any;  at  the  tables  I  never  could  see  any  difference  in  the  food,  every 
one  fared  alike;  think  the  ration  sufficient — do  not  think  I  could  eat  all  of  it. 
The  food  is  cooked  as  well  as  my  wife  cooks  it  ]  beef,  bacon,  coffee,  corn  bread, 
soup,  molasses,  constitute  rations,  and  sometimes  biscuit;  have  often  taken  milk 
from  Captain  Hodges'  house  and  given  it  to  sick  prisoners,  which  they  have  told 
me  saved  their  lives.  Think  Mr.  W'oodard  is  a  good  and  humane  man;  has 
always  appeared  kind ;  have  known  men  to  come^to  him  and  complain  of  being 
sick,  and  he  told  them  to  go  to  their  cells;  never  knew  or  heard  of  any  per- 
sons being  punished  so  that  they  were  disabled  from  labor;  thiok  I  would  have 
known  of  it  if  any  such  thing  had  occurred ;  talk  with  from  fifteen  to  twenty 
of  them  every  day.  I  know  James  Ard ;  he  worked  in  the  wagon-shop  at  the 
Penitentiary ;  he  was  in  the  habit  of  getting  drunk  in  the  prison ;  have  seen 
him  so  drunk  he  could  hardly  steady  himself;  was  quarrelsome  and  disposed 
to  fight  when  drunk;  would  have  had  a  fight  one  day  if  it  had  not  been  for 
D.  H.  Woodard — was  going  to  kill  an  old  colored  woman  ;  she  was  a  convict ; 
swore  he  would  knock  her  other  eye  out;  that  no  d — d  nigger  should  live  and 
order  his  children ;  came  to  the  prison  on  a  Monday  morning  drunk,  and  the 
gate-keeper  was  instructed  to  keep  Ard  out;  I  saw  a  convict  in  Ard's  house; 
Ard  gave  him  a  bottle  and  said :  "  Drink,  by  Grod,  I  paid  for  it ;  help  yourself;" 
the  man's  breath  smelled  of  whiskey;  I  asked  him  to  keep  still  in  my  house; 
before  he  (the  prisoner)  went  awa}^,  he  showed  signs  of  intoxication — was  loud 
and  boisterous  in  his  conversation.  Ard  said  to  me  that  Woodard  found  fault 
with  him  because  he,  Ard,  would  not  respect  and  treat  black  prisoners  as  well 
as  white;  that  he  was  a  Southern  man,  and  by  Grod  he  intended  to  be  one.  I 
was  a  commissary  sergeant  in  the  113th  U,  S.  C,  I. 

David  Hill. 

W.  T.  McCuLLOUGH. — I  am  twenty-three  years  of  age;  by  occupation  a 
laborer;  have  been  driving  a  team  and  carriage  for  the  past  twelve  months ; 
was  employed  in  the  Penitentiary  about  eleven  days,  as  a  guard;  was  in  the 
shoe-shop  ;  so  far  as  I  know,  work  commenced  about  five  o'clock  and  worked 
until  eight,  and  went  to  breakfast,  and  then  worked  until  two  o'clock,  p.m.,  quit 
about  sundown;  saw  the  convicts  put  safely  in  their  cells;  took  their  suppers 
with  them  ;  all  found  disobeying  orders  were  punished  by  whipping,  when  the 
offence  deserved  it;  think  they  had  plenty  of  food;  it  was  well  cooked;  had 
opportunity  to  see  the  things  of  which  I  speak;  had  charge  of  the  large  gang 
then  in  the  prison  ;  the  beds  were  clean  and  comfortable,  and  sufficient  cover; 
clothing  of  convicts  was  sufficiently  warm  for  the  weather;  were  well  clothed; 
the  rules  were  always  read,  so  that  they  might  be  known ;  when  they  were 
intentionally  violated,  they  were  punished ;  the  rules  were  read  to  each  man 
when  he  entered;  so  far  as  I  could  see,  there  was  no  distinction  on  account  of 
color;  I  never  made  any  distinction,  no  matter  who  it  was  that  violated 
the  rules;  ordinarily,  he  was  punished;  have  seen  persons  whipped;  three 
or  four,  I  think ;  none^^of  them  were  thereby  disabled  from  their  ordinary 
(  780  ) 


TESTBIOXT  BEFOEE  CO:\IMITTEE  OX  PEXITEXTIAEY. 


work.  I  think  putting  in  a  strait  jacket,  tying  up  and  reducing  the  aJloicance 
of  food,  and  confinement  in  cells,  would  be  a  better  punisbmeut;  would  allow 
sufficient  food  to  stistaiu  life  until  such  time  as  he  repented.  Xever  knew  any 
one  punished  for  not  perforining  sttfficient  work  :  have  never  been  employed  as 
a  guard  in  other  prisons,  and  have  no  experience  in  their  management;  if  I 
was  confined.  I  would  prefer  the  treatments  I  have  enumerated  :  dislike  whip- 
ping. I  am  no  judge  of  these  things,  but  merely  state  what  I  think  would  be 
best. 

^Vm.  T.  ^McCullough. 

A.  L.  E.  Xash.  sirorn. — Am  thirty-eight  years  old  :  I  have  been  engaged  as 
foi-eman  in  shoe-shops  in  different  Penitentiaries,  and  other  similar  institutions; 
in  Monroe  County  Penitentiary.  Xew  York,  which  is  a  branch  of  the  Xew 
York  State  Penitentiary.  Western  House  of  Eefuge.  in  Eochester;  Xew  York 
during  that*  time.  I  was  in  the  employ  of  Churchill  k  Co..  manufacturers  o^ 
boots  and  shoes  ;  am  familiar  with  the  mode  of  ptmishment  in  the  said  insti- 
tutions; the  various  methods  tised  are  "bticking."  '-spreading  and  whipping 
with  the  cat ;"  have  seen  prisoners  whipped  until  their  backs  looked  like  a 
piece  of  beefsteak ;  also,  putting  prisoners  into  a  cistern,  where  they  must 
pump  or  drown.  I  am  familiar  with  the  system  and  practice  of  ptmishment 
as  practised  at  this  place ;  have  never  seen  a  drop  of  blood  drawn  from  a 
prisoner  by  whipping :  the  punishment  of  convicts  at  this  prison  is  much  lighter 
than  at  any  of  the  places  I  have  been  ;  discipline  is  better  here.  I  think.  Am 
acquainted  with  Mr.  AVoodard  :  he  is  a  humane  man  in  the  treatment  of  pris- 
oners; treats  them  kinder  than  I  would ;  know  that  he  is  more  careful  in  the 
shops  with  the  blacks  :  if  anything,  more  than  the  whites;  saying  that  they 
were  less  accustomed  to  strict  discipline  than  whites,  and  less  knowledge  abotit 
learning  to  labor  in  the  shops;  that  none  must  be  impatient,  bttt  treat  all  kindly; 
have  known  him  to  reprimand  guards  for  attempting  to  make  distinctions 
among  prisoners  ;  know  that  James  Ard  was  reprimanded  twice  by  Mr.  TTood- 
ard  for  attempting  to  abuse,  and  discriminating  against  persons  of  color;  one 
was  called  Martha  :  said  she  had  one  eye,  and  he  would  knock  the  other  out ; 
was  very  mad.  and  would  have  done  so.  I  think,  if  Mr.  AVoodard  and  wife  had 
not  interfered.  Know,  from  visiting  the  dining-room  after  dinner,  that  a  ma- 
jority of  the  convicts  left  large  Cjuantities  on  their  plates;  have  much  more  to 
eat  than  I  have,  and  just  as  good,  and  I  board  outside  the  prison.  Have  all 
been  well  clothed ;  think  they  have  been  well  shod,  and  if  anything,  extrava- 
gantly. Health  has  been  good;  is  much  better  than  I  have  seen  in  other  prisons. 

A.  L.  E.  Xash. 

D.  H.  WooDARD. — I  am  thirty-five  years  old  ;  have  been  in  charge  of  the 
Penitentiary  since  last  January,  as  a  warden  ;  Alex.  George  had  charge  before 
it  came  to  the  possession  of  Hodges.  Peay  &  Aylilf;  everything  was  in  miser- 
able condition  ;  in  fact,  nothing  but  the  naked  walls  ;  prisoners  poorly  clothed, 
no  discipline ;  prisoners  conducting  themselves  very  badly  ;  fighting,  disabling 
one  another,  and  some  escaping.  When  I  came  here,  they  were  having  a  free 
fight  in  the  wood-house ;  they  had  a  ring  formed ;  Mr.  Chappell  and  McPher- 
son  seemed  to  be  in  charge,  and  were  informed  by  Mr.  George  that  they  were 

(  781  ) 


AEKAISTSAS  COl^STITUTIOi^^AL  CO^^YENTION,  1868. 


afraid  to  go  in  and  stop  the  rioting  and  unruly  conduct.  Mr.  George  took  me 
in  his  buggy  and  brought  me  up  here  when  I  got  authority  from  the  Governor 
to  do  so,  I  commenced  and  restored  something  like  the  discipline  that  existed 
before  the  war,  and  should  exist  in  all  prisons.  The  mode  of  punishment  is  as 
follows:  1st.  Eeprimanded.  2d.  Taking  away  of  tobacco.  3d.  Locking  up  in 
cell  and  reducing  ration.  4th.  "Whipping,  l^ever  had  a  man  struck  more  than 
fifteen  lashes ;  do  not  think  that  the  use  of  a  lash,  or  some  other  severity,  could, 
with  safety,  be  abolished  ;  it  would  endanger  the  lives  of  all  who  come  here, 
if  strict  discipline  was  not  enforced.  My  instructions  are,  to  treat  all  prisoners 
kindly,  and  with  civility;  never  to  punish,  only  when  good  order  and  discipline 
could  not  be  obtained  otherwise;  but  to  keep  discipline  at  all  hazards;  to  give 
sufficient  rations  to  all,  but  not  to  cook  and  have  it  wasted;  have  never  tried 
to  cook  less,  nor  have  I  been  so  instructed,  but  on  the  contrary,  Mr.  Hodges 
has  always  told  me  to  see  that  all  had  a  plenty.  They  get  three  meals  per 
day,  and  at  each  meal  about  one  pound  and  a  quarter  of  bread,  about  one  pound 
four  ounces  of  meat  per  day;  some  days  more.  In  addition  to  this,  they  get 
soup,  coffee,  beans,  or  potatoes,  molasses,  mush,  and  now  and  then  wheat  bread 
Know  James  Ard  ;  worked  in  the  wood-shop  about  six  weeks  ;  think  he  com- 
menced October,  1867,  and  when  he  states  that  I  ever  struck  a  man  more  than 
fifteen  lashes,  he  swears  falsely;  he  never  saw  but  one  prisoner  whipped;  he 
never  saw  me  put  my  foot  upon  the  neck  of  any  prisoner;  in  all  the  punish- 
ment I  have  inflicted,  none  were  disabled  from  work. 

There  is  no  distinction  on  account  of  color — I  would  not  tolerate  it;  had  to 
reprimand  James  Ard  for  attempting  to  treat  colored  worse  than  white ;  had 
to  stop  him  one  night  to  keep  him  from  killing  a  negro  woman;  her  name  was 
Martha ;  had  one  eye ;  said  he  intended  to  knock  the  skull  down  into  the  other 
eye,  and  threatened  to  abuse  her  otherwise;  was  drunk  here  on  week-days; 
gave  some  of  the  prisoners  liquor;  gave  to  Jones,  a  convict,  to  such  an  extent 
that  the  prisoner  was  intoxicated.  I  asked  that  Ard  be  discharged  for  drunken- 
ness, giving  liquor  to  convicts,  and  for  improperly  treating  convicts;  and,  for 
these  reasons,  he  was  discharged ;  do  not  see  that  colored  persons  are  harder  to 
control  than  white;  there  is  not  much  difference;  there  are  only  three  black 
men  that  I  have  any  trouble  with;  often  let  prisoners  go  out  without  guard; 
never  had  any  such  run  away. 

D.  H.  WOODARD. 

[copy.] 

HEADQUAETEES  POST  OF  LITTLE  EOCK, 

Little  Eock,  Arkansas,  Nov.  26,  1867. 

Maj.  O.  D.  Greene, 

Assistant  Adjutant  General  Fourth  Military  District,  Holly  Springs,  Miss. : 

Sir  :  Agreeably  to  Special  Orders  l^o.  144,  current  series,  from  Headquarters 
Fourth  Military  District,  I  have  the  honor  to  submit  my  Inspection  Eeport  of 
the  Military  Prison  at  Little  Eock,  Ark.,  for  the  month  of  November,  1867 : 

I  visited  the  prison  on  the  24th  instant,  and  found  that  the  contract  between 
the  Lessee  thereof,  and  the  United  States,  is  fully  complied  with;  that  the 
health  of  the  prisoners  is  properly  attended  to;  that  the  food  is  of  proper 
quality,  and  sufficient  in  quantity ;  and  that  all  other  points  of  prison  economy 
(  782  ) 


TESTIMONY  BEFOEE  COMMITTEE  O^T  PENITEISTTIAEY. 


and  police  have  been  observed,  as  far  as  present  condition  of  the  establishment 
will  permit. 

The  Lessee,  Mr.  J.  L.  Hodges,  is  a  just  and  humane  man.  The  rules  and 
regulations  governing  the  prison  are  similar  to  what  long  experience  has 
proved  best  in  the  oldest  establishments  in  the  country ;  and,  during  the  past 
two  months,  scarcely  an  instance  of  punishment  has  been  necessary  to  enforce 
obedience  to  these  rules. 

Improvements  are  being  made  in  every  branch,  which  will  materially  im- 
prove the  condition  of  the  buildings,  and  contribute  much  to  the  comfort  of 
the  prisoners. 

I  would  respectfully  ask  attention  to  the  fact,  that  prisoners  are  frequently 
sent  to  this  prison  without  any  order  whatever  accompanying  them;  and,  in 
many  cases,  no  descriptive  list  and  account  of  clothing. 
All  of  which  is  respectfully  submitted. 

I  am,  sir,  your  obedient  servant, 
(Signed)  Eichard  Arnold, 

Captain  5th  Artillery,  Brev't  Maj.  Gen.  U.  S.  A.,  Commanding  Post, 

and  Supervising  Inspector  Military  Prison. 


[official  copy,] 

HEADQUAETEES  FOUETH  MILITAEY  DISTEICT, 

.  Holly  Springs,  Mississippi,  Dec.  3,  1867. 

Eespectfully  furnished  Mr.  J.  L.  Hodges,  Lessee  of  the  Military  Prison  at 
Little  Eock,  Arkansas,  for  his  information. 

By  command  of  Brevet  Major  General  Ord. 

(Signed)  O.  D.  Greene, 

Assistant  Adjutant  General. 


Number  of  prisoners  on  hand,  received,  and  deceased,  since  7th  February, 
1867,  at  the  Arkansas  State  Prison  : 


Confined. 

Died. 

TotaL 

8 

124 

.  70 

6 

76 

Confined  by  sundry  authorities  for  trial, 

.  25 

2 

27 

211 

16 

227 

A  correct  abstract  of  the  Prison  Eegister. 

John  McClure, 

Chairman. 


(  783  ) 


AEKAI^SAS  COi^STITUTIONAL  CONTENTION,  1868. 


III. 

PAPERS  SUBSEaUENT  IN  DATE  TO  ADJOTJIINMENT  OF  CONVENTION, 
AND  PRECEDENT  TO  ELECTION  FOR  RATIFICATION. 


P. 

NOTICE. 

In  pursuance  of  the  requirements  of  the  Act  of  Congress,  entitled  "An 
Act  for  the  more  efficient  government  of  the  Eebel  States,"  and  the 
Acts  supplemental  thereto,  and  in  accordance  with  an  Ordinance  of 
this  Convention, 

Notice  is  hereby  given  :  That  the  Constitution  framed  and  adopted  by 
this  Convention,  for  the  State  of  Arkansas,  will  be  submitted  for  ratifica- 
tion to  the  persons  registered  as  voters  in  said  State,  under  the  provisions 
of  said  Act  of  Congress,  at  an  election  which  will  commence  to  be  holden 
in  the  several  counties,  in  said  State,  on  the  13th  day  of  March,  1868; 
said  election  to  be  conducted  by  officers  or  persons  appointed  by  the  Com- 
manding General  of  this,  the  Fourth  Military  District. 

Dated  at  Little  Rock,  this  11th  day  of  February,  1868. 

Thos.  M.  Bowen, 

President  Constitutional  Convention. 

J.  G.  Price, 

Secretary. 


G. 

ELECTIOE'I^OTICE. 

Take  notice,  that  on  the  13th  day  of  March,  A.D.  1868,  an  election  will 
commence  to  be  holden  in  the  various  counties  in  the  State  of  Arkansas, 
under,  and  in  pursuance  of,  the  provisions  of  the  Constitution  for  said 
State,  framed  and  adopted  by  the  Convention  which  assembled  at  Little 
Rock,  on  the  7th  day  of  January,  1868 ;  at  which  election  said  Constitu- 
tion will  be  submitted,  for  ratification,  to  the  persons  who  are  legal  voters 
under  said  Constitution.  And  persons  to  fill  the  following  offices  will  be 
voted  for,  viz. :  Governor,  Lieutenant-Governor,  four  Judges  of  the  Su- 
preme Court,  Auditor,  Secretary  of  State,  State  Treasurer,  Superintendent 
(  784  ) 


OEDEES  OF  SUB-DISTEICT  COM^IAXDEE. 


of  Public  Instruction,  Attorney-General,  Members  of  Congress,  State  Sen- 
ator, Eepresentatives,  and  all  County  Officers. 

Dated  at  Little  Rock,  this  lltli  day  of  February,  A.D.,  1868. 

James  L.  Hodges, 
Joseph  Brooks, 
Thomas  M.  Bottex, 

State  Board  of  Commissioners  of  Election. 


H. 

HEADQUAETEES  SrB-DISTEICT  OF  AEKAXSAS. 

Little  Eock,  Ark.,  Eeb.  14,  1868. 

General  Orders  | 
Xo.  4.  j 

I.  Pursuant  to  the  order  of  the  ^Constitutional  Convention,  acting  by 
virtue  of  Supplementary  Reconstruction  Act  of  Congress,  passed  March 
23d,  1867,  and  telegraphic  authority  from  Headcjuarters  Fourth  Military 
District,  dated  Yicksburg,  Miss.,  February  13th,  1868,  an  election  will  be 
held  in  the  State  of  Arkansas,  commencing  March  13,  1868,  for  the  rati- 
fication of  the  Constitution  submitted  by  Constitutional  Convention. 

The  precincts  of  each  county  will  be  divided,  and  Commissioners  of 
Election  organized  by  the  appointment  of  three  Judges  and  three  Clerks 
of  Election,  in  the  same  manner  as  was  done  for  the  election  of  delegates 
to  the  Constitutional  Convention. 

n.  Fourteen  days  prior  to  the  election  (Febrttary  28,  1868),  the  regis- 
tration precinct  books  will  be  opened  at  the  Cotmty-seat,  and  kept  open 
five  successive  days,  for  the  revision  of  the  registration,  in  accordance  with 
Section  Seventh  (7th)  of  Supplementary  Reconstruction  Act  of  Congress, 
passed  July  19,  1867. 

in.  Boards  of  Registrars  will  obtain  the  precinct  books  from  the  County 
Clerk,  with  whom  they  were  deposited. 

FT.  ^^hen  not  otherwise  directed,  Boards  of  Registrars  will  be  gov- 
erned by  the  provisions  of  General  Orders  Xo.  31,  dated  Headquarters 
Fourth  Military  District,  Yicksburg,  Miss.,  September  26,  1867,  for  elec- 
tion of  delegates  to  the  Constitutional  Convention,  extracts  of  which  are 

herein  published  for  their  information : 

'^^^'^^^'^^  ^ 

"  In  order  to  secure  as  nearly  as  possible  a  full  expression  of  the  voice 
of  the  people,  the  election  will  be  held  at  each  precinct  of  every  county 
of  the  State  in  the  District,  and,  as  recjuired  by  law,  under  the  supervision 
of  the  County  Boards  of  Registration.  The  method  of  conducting  the 
election  in  each  county  will  be  as  follows :  Immediately  upon  receipt  of 
this  order.  Boards  of  Registrars  will  meet,  divide  the  whole  number  of 

50  (  785  ) 


AEKAlSrSAS  CONSTITUTIONAL  CONTENTION,  1868. 


election  precincts,  of  their  respective  counties,  into  three  portions,  as 
nearly  equal  in  number  as  possible,  and  assign  one  of  the  shares  thus 
made  to  each  Kegistrar,  who  will  be  responsible  for  the  proper  conduct  of 
the  election  therein ;  whereupon  each  Eegistrar  will  appoint  a  Judge  and 
Clerk  of  Election,  who,  with  himself,  will  constitute  the  '  Commissioners 
of  Election '  for  all  the  precincts  of  his  district. 

**** 

"  Commencing  fourteen  (14)  days  before  the  election.  Boards  of  Regis- 
trars will,  after  having  given  reasonable  public  notice  of  the  time  and 
place  thereof,  revise  for  a  period  of  five  (5)  days  the  registration  lists,  and 
upon  being  satisfied  that  any  person  not  entitled  thereto  has  been  regis- 
tered, will  strike  the  name  of  such  person  from  the  list,  and  such  person 
shall  not  be  allowed  to  vote.  The  Boards  will  also,  during  the  same  pe- 
riod, add  to  the  registry  the  names  of  all  persons  who  at  that  time  possess 
the  qualifications  required  by  law,  and  who  have  not  been  already  regis- 
tered. 

"  All  changes  made  in  the  lists  of  registered  voters  will  be  immediately 
reported  to  these  Headquarters." 

By  Command  of  Brevet  Brig.  Gen'l  C.  H.  Smith. 

Samuel  M.  Mills, 

1st  Lt.  and  Adj't  28th  Infantry,  A.  A.  A.  Gt. 


I. 

HEADQUAETEES  FOTJETH  MILITAEY  DISTEICT, 

(Mississippi  and  Arkansas) 

ViCKSBURG,  Mississippi,  February  14th,  1868. 

GrENERAL  OrDERS  } 

No.  7.  1 

I.  The  Arkansas  Constitutional  Convention,  convened  at  Little  Eock, 
Arkansas,  pursuant  to  General  Orders  I^q.  37,  series  of  1867,  from  these 
Headquarters,  having  framed  a  Constitution  and  civil  government  in  com- 
pliance with  the  laws  of  the  United  States,  known  as  the  "  Eeconstruction 
Acts,"  and  having  provided  for  the  submitting  of  said  Constitution  to  the 
registered  voters,  at  an  election  to  be  ordered  by  the  General  Commanding 
the  District,  said  election  is  by  authority  of  the  above  stated  laws,  and  in 
accordance  with  the  provisions  of  the  Constitution,  hereby  ordered  to  be 
held  in  Arkansas,  beginning  the  15th  [13th*]  day  of  March,  1868,  and 
continuing  until  completed ;  at  which  election  the  registered  voters  may 
vote  for  or  against  the  ratification  of  the  Constitution  herein  mentioned. 


*  Corrected  in  oflScial  copies  furnished  from  Headquarters  Sub-District  of  Arkansas. 
(  786  ) 


OEDEES  OF  DISTEICT  COMMANDEE. 


II.  Commencing  fourteen  days  before  the  election,  Boards  of  Registrars 
will,  at  the  County-seat,  or  the  most  accessible  place,  after  having  given 
reasonable  public  notice  of  the  time  and  place  thereof,  revise,  for  a  period 
of  five  dsLYS,  the  registration  lists,  and,  upon  being  satisfied  that  any  per- 
son not  entitled  thereto  has  been  registered,  will  strike  the  name  of  such 
person  from  the  list,  and  si^ch  person  shall  not  be  allowed  to  vote.  The 
Boards  will  also,  during  the  same  period,  add  to  the  registry  the  names  of 
all  persons,  who  at  that  time  possess  the  qualifications  required  by  law, 
and  who  have  not  been  already  registered.  All  changes  made  in  the  list 
of  registered  voters  will  be  immediately  reported  to  these  Headquarters. 

III.  In  order  to  secure  as  nearly  as  possible,  a  full  expression  of  the 
voice  of  the  people,  the  election  will  be  held  at  each  precinct  of  every 
county  of  the  State  of  Arkansas,  and — as  required  by  law — under  the 
supervision  of  the  County  Boards  of  registration.  The  method  of  con- 
ducting the  election  in  each  county  will  be  as  follows  :  At  the  meeting  pro- 
vided in  the  foregoing  paragraph,  each  Board  of  Registrars  will  divide  the 
whole  number  of  election  precincts  of  their  respective  counties  into  three 
portions  as  nearly  equal  in  number  as  possible,  and  assign  one  of  the  shares 
thus  made  to  each  registrar,  who  will  be  responsible  for  the  proper  con- 
duct of  the  election  thererein.  Thereupon  each  registrar  will  appoint  a 
judge  and  clerk  of  election,  who,  with  himself,  will  constitute  the  Com- 
missioners of  Election,"  for  all  the  precincts  of  his  district.  Each  regis- 
trar will  provide  himself  with  a  ballot-box,  with  lock  and  key,  and  of  suffi- 
cient size  to  contain  the  votes  of  all  the  registered  voters  in  the  largest 
precinct.  Each  registrar  will  give  full  and  timely  notice  throughout  his 
district,  of  the  day  of  election  in  each  precinct,  so  that  he,  with  his  judge 
and  clerk,  can  proceed  from  precinct  to  precinct  of  his  district,  and  hold 
election  on  consecutive  days — when  the  distance  between  precincts  will 
permit — with  a  view  to  the  early  completion  of  the  voting.  The  election 
will  be  by  ballot,  and  will  be  conducted  in  all  details,  not  herein  prescribed, 
according  to  the  custoriis  heretofore  in  use  in  the  respective  States.  Each 
ballot  will  have  written  or  printed  upon  it:  "Constitution"  or  "Against 
a  Constitution."  Each  voter,  in  offering  his  ballot  must  exhibit  his  certifi- 
cate of  registry,  across  the  face  of  which  the  clerk  of  election  will  write 
his  name  in  red  ink,  to  indicate  that  a  vote  has  been  cast  upon  that  certifi- 
cate— at  the  same  time  the  registrar  will  check  off"  the  voter's  name  on  the 
precinct  book,  serving  as  the  "  poll-book."  The  polls  will  be  opened  by 
9  o'clock,  A.M.,  at  each  precinct,  and  will  foe  kept  continuously  open  until 
sunset,  at  which  time  the  polls  will  be  closed,  the  ballot-box  opened,  votes 
counted  by  the  Commissioners,  and  a  written  return  thereof,  under  oath 
of  the  Commissioners,  immediately  made  to  these  Headquarters,  in  dupli- 
cate. The  votes  cast  will  then  be  securely  enclosed  and  forwarded  by  mail 
to  the  Acting  Assistant  Adjutant  General  at  these  Headquarters,  with  a 
letter  of  transmittal,  setting  forth  the  number  of  votes  cast  for  and  the 

(  787  ) 


AEKANSAS  CO^^STITUTIONAL  CO^^YEI^TIOIS",  1868. 


number  against  a  constitution,  which  letter  will  be  witnessed  by  the  deputy 
sheriff  present  in  accordance  with  the  requirements  of  paragraph  Y  of  this 
order. 

IV.  Judges  and  clerks  of  election  will  be  selected  by  registrars,  prefer- 
ably from  among  the  residents  of  their  respective  districts,  but  if  they 
cannot  be  obtained' therein,  competent  and  qualified  under  the  law,  then 
from  among  the  residents  of  the  county,  and  if  not  attainable  in  the  county, 
then  from  the  State  at  large ;  they  are  required  to  take  and  subscribe  to 
the  oath  of  of&ce,  prescribed  by  the  Act  of  Congress  of  July  2d,  1862,  , 
which  oath  may  be  administered  by  the  registrar.  The  oaths,  properly 
subscribed,  will  be  forwarded  immediately,  for  tile  in  the  ofl3.ce  of  the  Act- 
ing Assistant  Adjutant  General  at  these  Headquarters. 

The  pay  of  these  officers  will  be  six  dollars  (6)  per  diem,  for  each  day 
they  are  actually  employed  on  their  legitimate  duties,  and  their  actual  ex- 
penses of  transportation  within  their  district  will  be  reimbursed. 

V.  The  sheriff  of  each  county  is  made  responsible  for  the  preservation 
of  good  order,  and  the  perfect  freedom  of  the  ballot  at  the  various  elec- 
tion precincts  in  his  county.  To  this  end  he  will  appoint  a  deputy — who 
shall  be  duly  qualified  under  the  laws  of  his  State — for  each  precinct  in 
the  county,  who  will  be  required  to  be  present  at  the  place  of  voting 
during  the  whole  time  the  election  is  being  held.  The  said  deputies  will 
promptly  and  fully  obey  every  demand,  made  upon  their  official  services, 
in  preserving  the  peace  and  good  order,  by  the  Commissioners  of  Election. 
Sheriffs,  in  making  their  appointments,  vAW  exercise  great  care  to  select 
men  whom  they  know  to  be  in  every  way  able  to  serve.  Deputies  ap- 
pointed in  accordance  with  the  foregoing  will  be  paid  five  dollars  for  the 
day's  service,  on  accounts  approved  by  the  registrar,  out  of  the  reconstruc- 
tion fund. 

VI.  As  an  additional  measure  for  securing  the  purity  of  the  election, 
each  registrar,  judge  and  clerk,  is  hereby  clothed  with  all  the  functions  of 
a  deputy  sheriff'  or  constable,  and  is  empowered  to  make  arrests,  and 
authorized  to  perform  all  duties  appertaining  to  such  officers  under  the 
laws  of  the  State,  during  the  days  of  election. 

VII.  At  every  precinct  on  the  days  of  election,  all  public  bar-rooms, 
saloons,  or  other  places  at  whi*ch  intoxicating  or  malt  liquor  is  sold  at 
retail,  will  be  closed.  Should  any  infraction  of  this  respect,  come  to  the 
knowledge  of  the  Commissioners  of  Election,  or  the  deputy  sheriff  in  at- 
tendance, they  will  immediately  cause  the  arrest  of  the  oflending  party, 
or  parties,  and  the  closing  of  his,  or  their,  place  of  business.  All  parties 
so  arrested  will  be  placed  under  bonds,  of  not  less  than  one  hundred  dol- 
lars ($100),  to  appear  for  trial  when  required  by  proper  authority,  or  in 

(  788  ) 


COEEESPOXDEXCE  OF  CO:MmSSIOXEES  OF  ELECTION. 


case  of  failure  to  give  tlie  required  bond,  will  be  held  iu  arrest  to  await  the 
action  of  the  General  Commanding. 

VnE  Should  violence  or  fraud  be  perpetrated  at  the  election  in  any 
precinct,  the  G-eneral  Commanding  will  exercise  to  the  fullest  extent  the 
powers  vested  in  him.  for  the  purpose  of  allowing  to  all  registered  electors 
an  opportunity  to  vote  freely  and  fearlessly.- 

IX.  Xo  recfistrar.  judo-e.  or  clerk,  will  be  permitted  to  become  a  candi- 
date for  office  at  the  election  for  which  he  serves  as  Commissioner. 

X.  Such  further  orders  as  may  be  deemed  necessary  by  the  General 
Commanding,  upon  the  subject  of  elections  for  State  or  other  officers,  as 
may  have  been  provided  for  by  the  Convention,  will,  when  the  Constitu- 
tion, or  Ordinances  of  the  Convention  relating  to  the  subject,  shall  have 
been  received,  be  issued. 

By  command  of  Brevet  Major-General  Alyax  C.  Gillem: 

JoHX  Tyler, 

Ist  Lieut.  43i  Inf..  Bvt.  Ala;.  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


J. 

C  0  E  E  E  S  P  0  X  E»  E  X  C  E 

Eetwzex  Board  oe  Commtssioxers  oe  Electiox.  axd  Byt.  ]\Ia.j.  Gex, 
Gillem.  Comm'd"g  Eourth  Military  District. 


1. 

OrncE  BoAED  or  Commissioxees  of  Electiox, 
Little  Eock,  Aee..  Feb.  20.  1S68. 

Byt.  ]Maj.  Gex.  A.  C.  Gillem. 

Comm'd'g  Fourth  ^lilitarv  District.  Ticksburg,  Miss. 

Gexeral:  The  Eresident  of  the  Convention,  and  other  parties,  having  tele- 
graphed you.  from  time  to  time,  upon  matters  of  expense  incurred  by  reason  of 
the  late  Constitutional  Convention,  and  the  provisions  adopted  by  it  for  sub- 
mitting the  Constitution  to  the  people  for  ratification  ;  also  for  the  election  of 
officers,  thereunder,  to  form  a  civil  government  ;  we.  the  undersigned  Board  of 
Commissioners  of  Election,  appointed  under  provisions  of  Section  Four  of  the 
Schedule  to  the  Constitution,  desire  to  submit  the  following  for  your  consider- 
ation, viz.  : 


*  To  the  official  copies  of  this  Order,  furnished  from  Hdqrs.  Sub-District  of  Arkansas,  was 
appended  the  following  note  :  * 

The  election  of  of&cers  being  held  at  separate  polls.  Par,  IX  has  no  application. 

(  7S9  ) 


ARKANSAS  CONSTITIJTIOISrAL  CONTENTION,  1868. 


The  Act  entitled  "An  act  to  provide  for  the  more  efficient  government  of 
the  Eebel  States,"  passed  March  2d,  1867,  and  acts  supplementary  thereto,  pro- 
vide for  a  Constitutional  Convention  to  be  held  under  certain  circumstances 
therein  set  forth. 

Such  Convention  has  assembled,  passed  a  Constitution,  and  provided  for  the 
election  of  officers  thereunder,  and  to  form  a  civil  government  in  accordance 
with  the  provisions  of  said  acts.' 

The  above  acts  direct  that  the  Convention  shall  provide  for  the  submission 
of  the  Constitution  to  the  people,  at  a  poll,  to  be  held  under  military  direction 
and  authority.  (See  Sec.  4,  Supplementary  Act.)  This  has  been  done.  (See  Or- 
dinance to  the  Constitution  entitled  "An  Ordinance  to  provide  for  an  election 
by  the  voters  registered,  in  this  State,  under  an  act  entitled  '  An  Act  to  provide 
for  the  more  efficient  government  of  the  Rebel  States,'  passed  March  2d,*  1867, 
and  the  acts  supplementary  thereto.") 

Such  Reconstruction  Acts  also  contemplate  that  the  General  Assembly  (Leg- 
islature), under  the  provisions  of  the  Constitution  adopted  by  said  Convention, 
shall  adopt  the  Amendment  to  the  Constitution  proposed  by  the  Thirty-Ninth 
Congress,  and  known  as  Article  XIY.  (See  Sec.  5,  of  said  Act.)  This  being 
the  case,  it  must  have  been  intended,  at  least,  that  members  of  the  General 
Assembly  should  be  elected  under  the  new  Constitution,  and,  by  necessary  im- 
plication, other  officers  of  State  must  be  elected,  should  the  Constitution  be 
ratified  by  the  people  to  establish  a  civil  government  loyal  to  the  United  States. 
Hence,  if  the  above  be  true,  there  must  be  an  election  held  for  the  selection  of 
such  officers. 

The  details  of  such  an  election  are  not  provided  for  in  said  Acts,  and  there- 
fore must  be  provided  fo'r  by  the  Convention. 

Indeed,  we  are  unable  to  see  by  what  stretch  of  authority  the  Convention 
could  have  provided  that  said  election  for  officers  should  be  held  under  the 
direction  and  authority  of  the  military,  there  being  no  provisions  for  receiving 
such  votes,  or  counting  them  at  said  polls,  or  for  anybody  to  issue  certificates 
of  election  to  such  of  them  as  might  be  elected.  (See,  again.  Sec.  5,  of  said  Act, 
in  respect  to  submitting  the  Constitution  to  the  people  j  also  Sec.  3  and  4  of  the 
first  Supplementary  Act.) 

Taking  such  views  of  the  Acts  of  Congress,  as  above,  the  Convention  passed 
a  Schedule  providing  for  the  submission  of  the  Constitution  to  the  qualified  elec- 
tors under  its  provisions,  and  also  for  the  election  of  members  of  the  General 
Assembly,  and  all  other  officers  necessary  to  carry  the  Constitution  into  effect, 
if  adopted,  and  to  establish  civil  government  in  the  State  of  Arkansas. 

This  we  believe  to  have  been  the  duty  of  the  Convention ;  and  such  acts  are 
plainly  contemplated  in  Sec.  11  of  the  explanatory  Reconstruction  Act. 

The  Convention,  by  providing  for  holding  such  election  under  its  own  au- 
spices, has  only  followed  in  the  line  of  the  most  approved  precedents. 

Every  Constitutionl  Convention  heretofore  assembled  in  the  United  States — 
except  in  those  States  where  the  action  of  the  Convention  was  final — has  pro- 
vided the  details  for  submitting  its  constitution  to  the  people,  and  for  the  elec- 
tion of  officers  thereunder.  It  was  clearly  the  duty  of  this  Convention  to  do 
so.  It  has  done  so,  in  the  manner  plainly  contemplated  by  the  Reconstruction 
Acts,  under  which  it  assembled. 

(  790  ) 


COEEESPOXDZyCE  OE  C0M3II$SI0XEES  OE  EEECTIOX 


The  Acts  of  Congress,  above  referred  to.  then,  nnquestionahly  contemplate 
that  an  election  should  be  held  in  the  manner  indicated  in  the  Schedule  to  the 
Constitution,  and  the  ex]:ienses  of  the  same  must  be  as  legitimate  and  as  proper 
as  any  of  the  ex|:ienses  of  the  Convention. 

The  Convention,  viewing  the  subject  in  this  light,  passed  the  Ordinance 
herewith  enclosed. 

yovr  we  respectfully  desire  that  these  ex^Dcnses  be  paid  the  same  as  the  other 
expenses  of  the  Convention,  either  by  providing  the  money,  or  by  ordering  that 
the  waiTants  issued  shall  be  receivable  for  taxes,  and  that  it  may  be  so  under- 
stood by  all :  for.  if  the  undersigned  are  compelled  to  resort  to  the  issue  of  scrip, 
as  is  provided  for  in  Sec.  4.  of  the  Ordinance,  in  payment  of  the  expenses  in- 
curred in  holding  the  election  provided  for  in  the  Schedule  to  the  Constitution, 
it  vrill;  no  doubt,  cost  the  State  much  more  than  it  would,  were  it  understood 
that  the  expenses  inctirred  under  it.  met  the  approval  of  the  Commanding  Gen- 
eral, and  were  provided  for.  by  him.  the  same  as  has  been  done  for  all  other 
expenses  of  the  Convention, 

Very  respectfully. 

Youi'  ob'd't  serv'ts. 

Jas.  L.  Hodges. 
J.  Brooks,. 
T.  ^I.  BowEX. 
State  Board  of  Coiiiraissioners  of  Election. 


2. 

Headquarters  Eourth  AIilitary  District. 

'Mississippi  and  Arkansas.) 
OrriCE  OF  Civil  Apfaies. 

YiCESBrEG.  Mississippi.  March  2.  1558. 

3Iessrs.  Jas.  L.  Hodges.  J.  Brooks.  T.  AT  Bowex. 

Commissioners  of  Elections,  Little  Eock.  Ark. 

Througli  Hd.  Qbs.  Sitb-Distkict  of  Aeka^sas. 
Little  Eock,  Aee. 

Gextlemex:  In  response  to  youivcommtinication  of  the  20th  ultimo,  upon 
the  subject  of  the  payment  of  the  expenses  of  the  election  in  Arkansas,  pro- 
vided for  by  the  Schedule  to  the  Constitution.  I  am  directed,  by  the  General 
Commanding,  to  inform  you  that  said  expense  will  be  paid  out  of  the  appro- 
priation for  defraying  the  expienses  of  the  Convention  :  and  that  the  AiL<Etor'"s 
warrants,  issued  therefor;  will  be  receivable  for  the  taxes  levied  by  said  Con- 
vention. 


~  Tr.e  subicripiion  and  signatures,  here  supplied,  do  no:  app-ear  in  the  oincial  copy  fur- 
nished. 


(  :9i  ) 


AEKAl^SAS  CONSTITUTIONAL  CONVENTION,  1868. 


The  Auditor  of  the  State  is,  this  day,  instructed  accordingly,  and  a  copy  of 
the  letter,  to  him,  is  herewith  enclosed  for  your  information. 

I  am,  gentlemen, 

Yery  respectfully. 
Your  ob'd't  serv't, 

Jno.  Tyler, 

1st  Lieut.  43d  Infty., 
Bvt.  Maj.  U.  S.  A., 

Act.  Asst.  Adjt.  Genl. 

One  Enclosure. 


[Accompanying  the  above  communication,  was  the  following  enclosure.] 

Headquarters  Fourth  Military  District, 
(Mississippi  and  Arkansas,) 
(Copy.)  Office  Ciyil  Affairs, 

YiCKSBURa,  Mississippi,  March  2d,  1868. 

Hon.  W.  E.  Miller, 

Auditor  State  of  Arkansas, 

Little  Kock,  Ark. 

Sir  :  The  General  Commanding,  directs  that  the  expenses  of  the  election  pro- 
vided for  by  the  Schedule  to  the  Constitution,  recently  framed  by  the  Arkansas 
Constitutional  Convention,  be  paid  out  of  the  funds  appropriated  by  said  Con- 
vention for  defraying  its  expenses,  and  that  you  issue  the  necessary  warrants 
upon  the  State  Treasurer,  to  carry  these  instructions  into  effect,  which  warrants 
will  be  receivable  for  the  tax  levied  by  said  Convention,  and  none  other. 

I  am,  sir, 

Yery  respectfully. 

Your  obedient  servant, 
John  Tyler, 
1st  Lieut.  43d  U.  S.  Infantry, 
Brevt.  Major  U.  S.  A., 

Act.  Asst.  Adjt.  Genl. 

Official  Copy. 
Nat.  Wolfe, 

2d  Lieut.  34th  XJ.  S.  Infantry, 

Acting  Assistant  Adjutant  General. 


(  792  ) 


A^IEXDATOEY  EECOXSTErCTIOX  ACT  OF  COXGEESS. 


K. 

To  AMEXD  THE  ACT  PASSED  MaRCH  TWEXTY-THIRD,  EIGHTEEN  HUNDRED  AXD 
SIXTT-SEVEX,  EXTITLED  ''Ax^  ACT  SUPPLEMEXTART  TO  '  Ax  ACT  TO  PRO- 
VIDE   EOR    THE    MORE    EFEICIEXT    GOYERXMEXT    OF    THE    REBEL  StATES/" 

PASSED  March  secox'd,  eighteex'  huxdred  axd  sixty-seyex,  axd  to 

FACILITATE  THEIR  RESTORATIOX." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assernhled^  That  hereafter  any  election  authorized 
by  the  act  passed  March  twenty-three,  eighteen  hundred  and  sixty-scYcn, 
entitled  Am  act  supplementary  to  '  An  act  to  provide  for  the  more  effi- 
cient government  of  the  rebel  States,'  passed  March  two,  [second],  eighteen 
hundred  and  sixty-seven,  and  to  facilitate  their  restoration,"  shall  be  de- 
cided by  a  majority  of  the  votes  actually  cast ;  and  at  the  election  in  which 
the  question  of  the  adoption  or  rejection  of  any  constitution  is  submitted, 
any  person  duly  registered  in  the  State  may  vote  in  the  election  district 
where  he  offers  to  vote  when  he  has  resided  therein  for  ten  days  next  pre- 
ceding such  election,  upon  presentation  of  his  certificate  of  registration, 
his  affidavit,  or  other  satisfactory  evidence,  under  such  regulations  as  the 
district  commanders  may  prescribe. 

Sec  2.  And  he  it  further  enacted,  That  the  constitutional  convention  of 
any  of  the  States  mentioned  in  the  acts  to  which  this  is  amendatory  may 
provide  that  at  the  time  of  voting  upon  the  ratification  of  the  constitution 
the  registered  voters  may  vote  also  for  members  of  the  House  of  Eepre- 
sentatives  of  the  United  States,  and  for  all  elective  officers  provided  for 
by  the  said  constitution ;  and  the  same  election  officers  who  shall  make 
the  return  of  the  votes  cast  on  the  ratification  or  rejection  of  the  constitu- 
tion, shall  enumerate  and  certify  the  votes  cast  for  members  of  Congress. 

Schuyler  Colfax, 

Speaker  of  tlie  House  of  Eepresentatives. 

B.  E.  TTade, 

President  of  the  Senate  pro  tempore. 

Indorsed  by  the  President :  ''Eeceived  February  28,  1868/' 

* 

[]^0TE  BY  THE  Departmext  OF  State. — The  foregoing  act  having  been 
presented  to  the  President  of  the  United  States  for  his  approval,  and  not 
having  been  returned  by  him  to  the  house  of  Congress  in  which  it  origi- 
nated within  the  time  prescribed  by  the  Constitution  of  the  United  States, 
has  become  a  law  without  his  approval.] 

(  ^^93  ) 


AEKAI^SAS  CONSTITUTIOIS-AL  CONYENTIOlSr,  1868. 


IV. 

PAPERS  SUBSEQUENT  IN  DATE  TO  ELECTION  FOR  RATIFICATION 

OF  CONSTITUTION. 


L. 

IsT  O  T  I  O 

OFFICE  STATE  BOAED  OF  COMMISSIOI^EES  OF  ELECTIOlSr, 

Little  Kock,  Arkansas,  April  1,  1868. 

Whereas,  At  an  election  commenced  on  the  ISth.  day  of  March,  1868, 
under  the  provisions  of  the  Schedule  to  the  Constitution,  for  the  ratifica- 
tion or  rejection  of  the  Constitution  submitted  to  the  people  by  the  Ar- 
kansas Constitutional  Convention ;  and 

Whereas,  It  appears  that  a  majority  of  the  votes  cast,  voted  for  said 
Constitution. 

Therefore,  By  authority  vested  in  us  by  said  Schedule,  we  do  hereby 
declare  said  Constitution  ratified  ;  and,  therefore,  in  full  force  and  effect 
from  and  after  this  date. 

James  L.  Hodges, 
Joseph  Brooks, 
Thomas  M.  Bowen, 

State  Board  of  Commissioners  of  Election. 


794  ) 


EETUElSrS  OF  ELECTIOJN'  UNDEE  SCHEDULE. 


M. 

ABSTRACT 

OF 

RETURNS  OF  AN  ELECTION, 

BEGUl^  MAECH  13th,  1868, 
Held  under  tlie  ProYisions  of  the  Schedule  to  the  Constitution,* 


COUNTIES. 

POR 

AGAINST 

COUNTIES. 

POR 

AGAINST 

Constitution, 

Constitution. 

Constitution. 

Constitution, 

Arkansas,     ,    ,  . 

1055 

Marion,  .... 

67 

Ashley,  .... 

419 

Mississippi,   .    .  . 

210 

Benton,  .... 
Bradley,  .... 

121 

Monroe 

496 

304 

n 

Montgomery,     .  . 

168 

Calhoun  .... 

"N't?  WTOV 

XI  J!<  TV  1  yjri  J      •       •       •  • 

260 

2 

Carroll,  .... 

242 

Ouachita,  .... 

563 

Chicot,  

866 

— 

Perry,  

102 

Clark,  

425 

Phillips,  .... 

2339 

__ 

Conway,  .... 

375 

Polk,    .    .    .    .,  . 

236 

Craighead,   .    .  . 

205 

Pike,   

301 

Crawford,    .    .  . 

402 

Pope  

375 

Cross  

161 

Poinsett,  .... 

52 

Columbia  

601 

Prairie,  .... 

363 

Crittenden,  .    .  . 

600 

Pulaski,  .... 

6175 

35 

Dallas,    .    .    .  . 

195 

Randolph,     .    .  . 

127 

Desha,  

Drew,  

174 

4 

Saline,     .    .    ,  . 

79 

486 

Searcy,  .... 

307 

■  Franklin,  .... 

304 

Sebastian,    .    .  . 

497 

Pulton,  .... 

96 

Sevier,  .... 

258 

Greene,  .... 

10 

Scott,  

319 

Hempstead,  .    .  . 

1299 

St.  Francis,  .    .  . 

446 

Hot  Spring,  .    .  . 

245 

Union,  

501 

Independence,  .  . 

588 

Van  Buren,  .    .  . 

65 

Izard,  ..... 

139 

Washington,  .    .  . 

660 

Jackson,  .... 
Jefferson,  . 

247 

White,  

74 

3685 

Woodruff,    .    .  . 

224 

Johnson,  .... 

258 

Yell,  ..... 

406 

Lafayette,  .    .  . 
Lawrence,    .    .  , 

395 

116 

Little  River,    .  . 

322 

Total,    .    0  . 

30,380 

41 

Madison,  .... 

379 

We,  the  undersigned,  a  Board  of  Commissioners  of  Election,  under  the 
provisions  of  the  Schedule  attached  to  the  Constitution  aforesaid,  do  certify 
the  above  and  foregoing  to  be  a  full,  true,  and  correct  abstract  of  the  votes 
cast  in  the  various  counties  of  the  State  of  Arkansas,  at  the  election  aforesaid. 

James  L.  Hodges, 
Joseph  Brooks, 
Thos-i  M.  Bowen, 

state  Board  of  Commissioners  of  Election  for  the  State  of  Arkansas. 

Thos.  M.  Bowen, 

President  Convention. 

*  For  returns  of  election  held  under  the  provisions  of  the  Acts  of  Congress, 
and  of  the  Ordinance  accompanying  the  Constitution,  see  page  807. 

(  795  ) 


AEKANSAS  CONSTITUTIONAL  CONVENTION,  1868. 


N. 

LETTEE  OF  TRANSMITTAL 

FKOM  PEESIDENT  OF  THE  CONVENTION  TO  PRESIDENT  OF 
THE  UNITED  STATES, 

ACCOMPANYING  COPY  OF  CONSTITUTION, 
AND  ABSTRACT  OP  TOTE  ON  EATIPICATION  THEREOF,  AT  ELECTION  HELD  UNDER 
PROVISIONS  OF  THE  CONSTITUTION : 

Forwarded  in  accordance  with  the  provisions  of  the  same. 

Little  Rock,  Arkansas,  April  16,  1868. 

Sir  :  I  have  the  honor  to  transmit  herewith  a  copy  of  the  Constitution 
of  the  State  of  Arkansas,  adopted  by  the  Constitutional  Convention  of 
said  State,  in  accordance  with  the  Acts  of  Congress,  February  11th,  1868, 
and  adopted  by  the  people  of  the  State  at  an  election  held  March  13th, 
1868,  for  its  ratification  or  rejection ;  also  an  abstract  of  the  votes  cast  at 
said  election ;  and  desire  that  you  lay  the  same  before  the  Congress  of  the 
United  States  at  your  earliest  convenience,  as  requested  by  Article  8th  of 
the  Schedule  to  said  Constitution. 

•    I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

Thos.  M.  Bowen, 

President  Constitutional  Convention. 

His  Excellency  Andrew  Johnson, 

President  United  States. 

[Accompanying  this  communication,  were,  1st,  a  certified  copy  of  the 
Constitution  adopted  by  the  Convention,  and,  2d,  an  Abstract  of  returns 
of  the  election  held  under  provisions  of  the  Schedule,  for  the  ratification 
of  the  Constitution.] 


(  T96  ) 


STATE  OFFICEES,  ETC.,  OF  1868, 


o. 

LIST 

OF 

STATE  OFFICERS, 

MEMBERS  OF  THE  GENERAL  ASSEMBLY, 

AND 

MEMBERS  OF  CONGRESS, 

Chosen  at  the  Pirst  Election  held  under  the  Constitution  of  1868 
(MAKCH   13th,   1  8  6  8.) 


STATE  OFFICEES. 

Governor,   Powell  Clayton. 

Lieutenant- G-over nor,   James  M.  Johnson. 

Secretary  of  State,   Eobert  J.  T.  White, 

Auditor  of  State,   James  E.  Berry. 

Treasurer  of  State,  ........  Henry  Page. 

Attorney- General,   John  E.  Montgomery. 

Superintendent  of  Public  Instruction, .    .  Thomas  Smith. 

r  Lafayette  Gregg, 

Associate  Justices  of  Supreme  Court,  .       ^^^^  "^^^P/^^-^^' 

^  I  Thomas  M.  Bowen, 

^William  M.  Harrison. 


MEMBEES  OF  THE  GEMEAL  ASSEMBLY. 


District. 
1st. 

24. 

3cl. 

4tli. 
5tli. 

6th. 

nh. 


Senators. 
D.  M.  Goodman.  . 

Parsalla  H.  Young. 

M.  L.  Stephenson. 

Enoch  D.  Rushing. 
Zach.  Keaton.  .  . 

John  N.  Sarber.  . 

T.  J.  Hunt,  .    .  . 


.  '  Eepresentatiyes. 

(W.  W.  Stansberry,  Fred.  R.  Poole,  A.  L. 
(    Pears,  J.  H.  Houghton. 

(Ephraim  Sharp,  Jacob  Hufstedler,  Sr., 
(    James  M.  Livesay. 

(Benj.  Yaughn,  Jno.  H.  Fitzwater,  James 
(    F.  Hopper,  Parley  A.  Williams. 

(Jeremiah  Clem,  Jerome  Ferguson,  Jesse 
(  Millsaps. 

(W.  W.  Brashear,  J.  R.  Hall,  Jr.,  H.  W. 
(  Hodges. 

(Daniel  R.  Lee,  William  A.  May,  Samuel 
X  Dial. 

(Samuel  Bard,  Jacob  Yoes,  E.  D.  Fenno, 
(    Jno.  F.  Owen. 

(  797  ) 


AEKANSAS  COI^STITUTIOI^AL  COKYENTIOJJT,  1868. 


District. 
8th. 

9th. 
10th. 

11th. 

12th. 

13th. 

14th. 

15th. 
16th. 
lYth. 

18th. 
19th. 

20th. 

21st. 

22d. 


Senators. 
Yalentine  DeU.  . 


E.  a.  Barker. 


(Ozro  A.  Hadley, 
(Stephen  Wheeler. 

(Benj.  Thomas,  . 
(A.  H.  Evans.  . 


John  H.  Hutchinson. 
Dwight  P.  Belden. 
Geo.  H.  Martin. 

Geo.  S.  Scott.  . 

H.  A.  MiUen.  . 

I.  C.  Ray.     .  . 

Geo.  W.  McCown. 

Jas.  P.  Portis.  . 

fSaml.  Mallory,  . 
(0.  P.  Snyder.  . 


Enoch  H.  Yance. 

(William  Harrison, 
(J.  M.  Mason.  . 


Bepresentatives. 

( Jno.  B.  C.  Turman,  Daniel  H.  DiA^elbiss, 
(    A.  J.  Singleton,  Arthur  Gunther. 

(Daniel  Coates,  E.  B.  Knight,  Asa  Hodges, 
X    D.  P.  Upham. 

(M.  W.  Benjamin,  Jno.  G.  Price,  Sol.  Mil- 
-<  ler,  A.  L.  Bush,  P.  M.  Chrisman,  Jno. 
(  Goad. 

(James  A.  Butler,  M.  Beed,  J.  C.  Tobias,* 
Wm.  H.  Gray,  J.  T.  White,  J.  K.  Whit- 
(  son. 

(Geo.  M.  French,  Isaac  Ayers,  Wm.  S. 
\    McCullough,  Thomas  M.  Gibson. 

(Jno.  W.  Harrison,  Josiah  H.  Demby, 
X    Chas.  H.  Oliver. 

(Samuel  P.  Mitchell,  S.  D.  Belden,  Bichard 
(  Samuels. 

(A.  M.  Merrick,  A.  T.  Carroll,  Monroe 
(  Hawkins. 

Bobert  P.  Catterson,  Lovinski  Ivy. 

(Wm.  A.  Britton,  Sol.  Exon,  Wm.  P. 
(    Coolidge,  Jas.  B.  Bush. 

(Wm.  A.  Beasley,  Daniel  J.  Smith,  M.  M. 
X  Olive. 

N.  N.  Bawlings,  W.  H.  Wright. 

(Peter  Moseley,  Henry  St.  John,  J.  M. 
-\  Gray,  J.  J.  Williams,  G.  W.  Davis, 
(    W.  T.  Morrow. 

Gayle  H.  Kyle,  Jno.  J.  Gibbons. 

(N.  M.  NeweU,  Clifford  Stanley  Sims,  B.  S. 
}  Curry,  S.  A.  Duke,  D.  S.  Wells,  Z.  H. 
I  Maness. 


MEMBEES  OF  CONGRESS  ELECT. 
1st  District^      ......    Logan  H.  Roots. 


2d 

3d 


James  Hinds. 
Thomas  Boles. 


The  General  Assembly  convened,  at  the  seat  of  government, — in  accord- 
ance with  the  provisions  of  the  Constitution  and  the  foregoing  notice  of 
the  Board  of  Commissioners  of  Election,  declaring  the  Constitution  to  be 


(  798  ) 


*  Deceased,  before  assembling  of  Legislature. 


STATE  OFFICEES.  ETC.,  OF  1S68. 

ratified  and  the  State  Government  thereunder  to  be  in  full  force  and 
effect, — on  the  2d  day  of  April,  1868 ;  and  the  two  Houses  proceeded, 
respectively,  to  effect  an  organization,  by  the  choice  of  the  following- 
named  presiding  officers : 

President  of  the  Senate, 
JoHX  X.  Saeber. 

» 

Speaker  of  the  House  of  Pejrresentatives, 
JoHX  G.  Pbice. 


The  two  Houses  of  the  General  Assembly  thereafter  proceeded,  in 
accordance  with  the  provisions  of  the  Act  of  Congress  regulating  the 
manner  of  election  of  Senators  of  the  United  States,  to  choose  the  fol- 
lowing 

rXITED  STATES  SEXATOES  EEECT. 

BEXJAMIX  F.  RICE,  • 
ALEXAXDER  McDOXALD. 


[The  proceedings  of  the  General  Assembly  in  the  ratification  of  the  pro- 
posed  Fourteenth  Amendment  to  the  Constitution  of  the  United  States,  will 
be  found  in  Appendix  P.] 


(  799  ) 


AEKANSAS  CONSTITUTIONAL  CONVENTION,  1868. 


P. 

PROCEEDINGS 

OF  THE 

GENERAL  ASSEMBLY  OF  THE  STATE  OF  ARKANSAS, 

•  UPON  THE 

EATIFICATION  OF  THE  FOUETEENTH  AKTICLE  OF  AMENDMENT  TO 
THE  CONSTITUTION  OF  THE  UNITED  STATES. 


Hall  or  Eepresentatites, 
Little  Eock,  Arkansas,  April  3,  1868. 

Proceedings  of  Friday,  April  3,  1868. 

In  accordance  with  notice  given  on  the  previous  day,  Mr.  Benjamin  in- 
troduced the  following  joint  resolution,  which  was  read: 

JOINT  EESOLUTION  Eatifting  an  Act  of  Congress,  Approved  June  16,  1866, 
AND  Proposed  to  the  Legislatures  of  the  several  States  for  Eatification 
AS  AN  Amendment  to  the  Constitution  of  the  United  States. 

Be  it  resolved,  by  the  Senate  and  House  of  Representatives  of  the  State  of  Arkansas 
in  Legislature  assembled,  that — 

Whereas,  The  Congress  of  the  United  States  has  submitted  to  the  several 
States,  for  their  action  thereon,  by  an  act  approved  June  the  sixteenth,  (16,) 
one  thousand  eight  hundred  and  sixty-six,  (1866,)  the  following  Article  Four- 
teenth, (14th,)  as  an  amendment  to  the  Constitution  of  the  United  States, 
namely : 

[!•] 

AETICLE  XIV. 

Section  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject 
to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  State 
wherein  they  reside.  'No  State  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the  United  States ;  nor  shall 
any  State  deprive  any  person  of  life,  liberty,  or  property,  without  due  process 
of  law  nor  deny  to  any  person  within  its  jurisdiction  the  equal  protection  of 
the  laws. 

Sec.  2.  Eepresentatives  shall  be  apportioned  among  the  several  States 
according  to  their  respective  numbers,  counting  the  whole  number  of  persons 
in  each  State,  excluding  Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  electors  for  President  and  Vice-President  of  the 
United  States,  representatives  in  Congress,  the  executive  and  judicial  officers 
(.  800  ) 


RATIFICATION  OF  A:^IEXDMEXT  XIY  TO  CONSTITUTIONS"  U.  S. 


of  a  State,  or  the  members  of  the  legisUiture  thereof,  is  denied  to  any  of  the 
male  inhabitants  of  such  State,  being  twenty-one  years  of  age,  and  citizens  of 
the  United  States,  or  in  any  way  abridged,  except  for  participation  in  rebellion 
or  other  crime,  the  basis  of  representation  therein  shall  be  reduced  in  the  pro- 
portion whicl^the  number  of  such  male  citizens  shall  bear  to  the  whole  number 
of  male  citizens  twenty-one  years  of  age  in  such  State. 

Sec.  3.  Xo  person  shall  be  a  senator  or  representative  in  Congress,  or  elector 
of  President  and  Yice-President,  or  hold  any  office,  civil  or  military,  under  the 
United  States,  or  under  any  State,  who  having  previously  taken  an  oath  as 
a  member  of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member  of 
any  State  legislature,  or  as  an  executive  or  judicial  officer  of  any  State,  to  sup- 
port the  Constitution  of  the  United  States,  shall  have  engaged  in  insurrection 
or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof. 
Eut  Congress  may.  by  a  vote  of  two-thirds  of  each  house,  remove  such  disability. 

Sec.  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for  services 
in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned.  But  neither 
the  United  States  nor  any  State  shall  assume  or  pay  any  debt  or  obligation 
incurred  in  aid  of  insurrection  or  rebellion  against  the  United  States,  or  any 
claim  for  the  loss  or  emancipation  of  any  slave  ;  but  all  such  debts,  obligations, 
and  claims  shall  be  held  illegal  and  void. 

Sec.  5.  That  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 
the  provisions  of  this  article. 

Therepore,  Be  it  resolved  by  the  General  Assembly  of  the  State  of  Arkansas  : 
That  the  foregoing  recited  Article  Fourteen  (14)  be,  and  the  same  is  hereby, 
fully  approved  and  ratified  as  a  portion  of  the  Constitution  of  the  United 
States. 

On  motion  of  Mr.  Sims,  the  rules  were  suspended  by  a  two-third  vote, 
and  the  Joint  Resolution  was  placed  upon  its  second  reading:  after  which 
it  was  engrossed  and  read  a  third  time,  and  put  upon  its  linal  passage  by 
calling  the  yeas  and  nays. 

In  the  affirmative  were  : 

Messrs.  Ayers,  Bard,  Benjamin,  Belden,  Brash  ear,  Britton,  Bush,  Butler, 
Catterson,  Chrisman,  Clem,  Coolidge,  Cary,  Davis,  Dial,  Divelbliss,  Exon, 
Fenno.  French,  Furgeson,  Gibson,  Gray  of  Phillips,  Grey  of  Jefferson,  Gunther, 
Hall,  Hodges  of  Crittenden,  Hodges  of  Searcy,  Hopper,  Hufstedler,  Kyle,  Lee, 
May,  Miller,  Mitchell.  Morrow,  McCullough,  Jewell  Olive,  Oliver,  Owen,  Pears, 
Eeed,  Bush,  Samuels,  Sims,  Smith,  St.  John,  Tobias,  Upham,  White,  Whitson, 
Williams  of  Marion,  Williams  of  Jefferson,  Yoes,  Vaughn,  Mr.  Speaker — Yeas 
56 ;  Xays  none. 

Mr.  Hodges,  of  Crittenden,  moved  to  reconsider,  and  that  the  motion 
lie  on  the  table :  which  was  carried. 


51 


(  801  ) 


AEKANSAS  CONSTITUTIONAL  CONVENTION,  1868. 


United  St^^lTES  of  Ameeica,  State  op  Arkansas  : 

I  hereby  certify  the  foregoing  and  above  to  be  a  true,  fall,  and  complete  ab- 
stract of  the  proceedings  had  in  the  matter  of  adopting  the  XIYth  Article  of 
the  National  Constitution,  as  proposed  for  ratification  to  the  several  States,  as 
ai)pears  from  the  Journal  of  the  House  of  Representatives.  * 

F.  E.  Wright, 
Clerk  of  the  House. 


Senate  Chamber, 
Little  Rock,  Arkansas,  April  3,  1868. 

Upon  the  re-assembling  of  the  Senate,  the  following  message  from  the 
House  of  Representatives  was  received : 

To  THE  Hon.  President  of  the  Senate  : 

Mr.  President  :  I  am  instructed  to  inform  the  Senate  that  the  Joint  Resolu- 
tion ratifying  the  amendment  to  the  Constitution  of  the  United  States,  known 
as  the  XIYth  Article;  has  been  adopted  by  the  House  of  Representatives. 

F.  E.  Wright, 
Clerk  of  House. 

On  motion  of  Mr.  Snyder,  of  Jefierson,  the  said  Joint  Resolution  ratify- 
ing the  Amendment  to  the  Constitution  of  the  United  States,  known  as 
the  XIYth  Article,  was  introduced  and  read,  as  follows : 

Whereas,  The  Congress  of  the  United  States,  &c.,  (here  follows  the  Resolu- 
tion offered  in  the  House.) 

Mr.  Mallory  moved  to  suspend  the  rules,  in  order  that  the  Joint  Reso- 
lution may  be  read  the  second  and  third  time,  and  placed  upon  its  final 
passage. 

The  roll  being  called,  the  following  Senators  voted  in  the  affirmative : 

Messrs.  Belden,  Baker,  Hadley,  Mallory,  Martin,  McCown,  Scott,  Snyder, 
Wheeler,  Young,  and  Mr.  President — 11. 

Those  voting  in  the  negative  were: 

Messrs.  Dell,  Evans,  Harbison,  Hunt;  Keeton,  Mellon,  Ray,  Rushing,  Stephen- 
son, Thomas,  Yance — 11. 

So  the  motion  was  lost. 

On  motion  of  Mr.  Stephenson,  the  Senate  adjourned  until  Monday,  the 
sixth  instant,  at  10  o'clock,  a.m. 


Monday,  April  m,  1868. 
The  Journal  of  Friday  being  read  and  approved,  the  President  announced 
the  first  business  in  order — second  reading  of  the  House  Joint  Resolution 
ratifying  the  XIYth  Article,  proposed  as  an  amendment  to  the  Constitu- 
(  802  )  ■ 


EATIFICATIOX  OF  A:\IEXD]^IEXT  XIY  TO  COXSTITUTIOX  JJ.  S. 


tion  of  the  United  States.  The- Joint  Resolution  was  here  read  the  second 
time. 

Mr.  Malloey,  of  Jefferson,  moved  that  the  rules  be  suspended,  and  the 
Joint  Resolution  ratifying  the  constitutional  amendment,  known  as  the 
Fourteenth  Article,  be  read  the  third  time  and  placed  upon  its  final  pas- 
sage.   Motion  being  put,  the  following  Senators  voted  in  the  affirmative  : 

Messrs.  Barker,  Belden,  Dell,  Evans,  Hadley.  Harbison,  Hunt,  Hutchinson, 
Keeton,  Mallory,  Martin,  Mellon,  llcCown,  Eay,  Eushing,  Scott,  Snyder,  Ste- 
phenson, Thomas,  Yance,  Wheeler,  Young,  Sarber — 23. 

All  the  members  present  voting  in  the  affirmative,  motion  was  unani- 
mously sustained.  Here  the  House  Joint  Resolution,  ratifying  the  Four- 
teenth Article,  was  read  the  third  time. 

A  vote  being  taken,  the  ayes  and  noes  being  called,  the  following  Sena- 
tors voted  in  the  affirmative  : 

Messrs.  Barker,  Belden,  Dell,  Evans,  Hadley,  Harbison,  Hunt,  Hutchinson, 
Keeton,  Mallory,  Martin,  Mellon,  McCown,  Eay,  Eushing,  Scott,  Snyder,  Ste- 
phenson, Thomas,  Yance,  Wheeler,  Young,  Sarber — 23. 

All  the  members  present  voting  in  the  affirmative,  the  Resolution  was 
unanimously  adopted. 


Tuesday,  April  7,  1868. 
The  roll  having  been  called,  and  prayer  offered  by  Chaplain  Alexander, 
Mr.  Mallory,  of  Jefferson,  moved  to  reconsider  the  vote  by  which  the 
Joint  House  Resolution,  ratifying  the  XIYth  Article  to  the  Constitution 
of  the  United  States,  had  been  adopted  by  the  Senate  of  the  preceding 
day,  and  that  the  motion  to  reconsider  be  laid  upon  the  table,  which  mo- 
tion prevailed.    Those  voting  in  the  affirmative  were 

Messrs.  Barker,  Belden,  Dell.  Evans,  Hadley,  Harbison,  Hunt,  Hutchinson, 
Eeeton,  Mallory,  Martin,  Mellon,  McCown,  Eay,  Eushing,  Scott,  Snyder,  Ste- 
phenson, Thomas,  Yance,  Wheeler,  Young,  and  Mr.  President — 23;  the  vote 
beino'  unanimous. 


UisiTED  States  of  America,  State  of  Arkansas  : 

We  hereby  certify  the  above  to  be  a  true,  full,  and  complete  abstract  of  the 
proceedings  of  the  Senate  of  Arkansas,  in  the  matter  of  the  adopting  the  Joint 
Eesolution  ratifying  the  XIYth  Article  of  the  Constitution  of  the  United 
States,  as  appears  from  the  Journal  of  its  proceedings. 

J.  W.  Carhart, 

Secretary  of  the  Senate. 
John  IS".  Sarber, 

President  pro  tempore. 

Little  Kock,  Arkansas,  April  7,  A.D.  1868. 

(  803  ) 


AEKANSAS  CONSTITUTIONAL  CONYElsTTION,  1868. 


Q. 


40th  Congress,  |       ^^^^^         EEPEESENTATIYES.       I  ^^i^* 
2d  Session.      (  I  No.  278. 


ELECTION  IN  AEKANSAS. 


LETTER  FROM  THE  GENERAL  OF  THE  ARMY, 

In  answer  to  a  Resolution  of  the  House  of  the  2d  instant,  trans- 
mitting Major  General  A.  C.  Gillem's  report  of  the 
recent  election  in  Arkansas,  under  the 
Reconstruction  Laws. 


May  4, 1868. — Keferred  to  the  Committee  on  Keconstruction,  and  letter  ordered  to  be  printed. 
May  7,  18G8. — Ordered  that  the  accompanying  papers  be  printed. 


Headquarters  Army  of  the  United  States, 
Washington,  May  4,  1868. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  resolution  of  the 
House  of  Representatives  of  the  2d  instant,  directing  me  to  communicate 
a  statement  of  the  number  of  votes  cast  for,  and  against,  the  State  Con- 
stitution, at  the  recent  election  in  Arkansas;  and,  in  answer  thereto,  I 
respectfully  submit,  herewith,  Brevet  Major  General  A.  C.  Gillem's  report 
of  said  election,  and  accompanying  documents,  which  contain  the  infor- 
mation called  for. 

Very  respectfully. 

Your  ob'd't  serv't, 

H.  S.  Grant, 

General. 

Hon.  Schuyler  Colfax, 

Speaker  of  the  House  of  Kepresentatives. 


[  1-  ] 

Headquarters  Fourth  Military  District, 
(Mississippi  and  Arkansas,) 
ViCKSBURG,  Mississippi,  April  22,  1868. 

General  :  I  have  the  honor  to  submit  the  following  report  of  the  elec- 
tion held  in  the  State  of  Arkansas,  on  the  adoption  of  the  Constitution 
framed  by  the  Convention  assembled  in  accordance  with  the  acts  usually 
known  as  the  Military  Reconstruction  Laws. 

When  I  assumed  command  of  the  Fourth  Military  District,  January  9, 
1868,  in  compliance  with  General  Orders  ^n"o.  104,  from  Headquarters  of 
(  804  ) 


EEPOET  OF  DISTEICT  CO^IMAXDER.  OX  EATIFICATIOX. 


the  Armv,  1867,  the  Constitutional  Convention  of  Arkansas  was  in  ses- 
sion;  and  shortly  after  my  arrival,  a  messenger  (Hon.  Asa  Hodges,  a 
member  of  the  Convention)  arrived,  bearing  a  resolution  of  the  Conven- 
tion, requesting  me  to  authorize  the  State  Treasurer  to  advance  seventy-, 
five  thousand  dollars  (§75,000)  to  defray  the  expenses  of  the  Convention. 
The  act  of  March  23,  1867,  making  it  imperative  that  the  Convention 
should  provide  for  the  levy  and  collection  of  such  taxes  on  the  property, 
in  the  State,  as  may  be  necessary  to  carry  into  effect  the  purposes  of  this 
act,*'  I  authorized  the  State  Treasurer  to  advance  fifty  thousand  dollars 
(S50,000i,  to  be  replaced  when  the  tax,  levied  in  compliance  with  the 
above  section,  should  be  collected.  In  taking  this  action.  I  had  two  mo- 
tives in  view:  first,  to  facilitate  the  transaction  of  the  business  for  which 
the  Convention  was  called  together;  secondly,  to  extend  the  time  alloAved 
for  the  collection  of  the  tax,  and  thereby  render  it  less  burdensome  to  the 
people,  already  greatly  impoverished. 

In  connection  with  this  subject,  attention  is  respectfully  invited  to  the 
correspondence  herewith  accompanying,  and  marked  Appendix  A,  Xos. 
1,  2,  3,  4,  5,  6,  7,  and  8,  as  explanatory  of  my  action  in  the  premises. 

In  order  to  avoid  delay  in  holding  the  election  on  the  Constitution, 
framed  by  the  Convention,  early  in  February  I  directed  instructions  to  be 
prepared  for  General  Smith,  commanding  Sub-District  of  Arkansas,  as  to 
the  manner  of  conducting  the  election.  These  instructions  ('see  Appendix 
B,  Xo.  4j  were  forwarded,  by  mail,  to  General  Smith,  on  the  12th  of  Feb- 
ruary. On  the  same  day  a  telegram  was  received  from  General  Smith 
(Appendix  B,  Xo.  .5\.  informing  me  that  the  Constitution  and  Election  Or- 
dinance had  been  adopted  by  the  Convention  on  the  11th  of  February,  and 
that  March  the  15th  had  been  fixed  upon  as  the  day  for  the  beginning  of 
the  election  in  which  it  was  to  be  submitted  to  the  people. 

Fearing  that  the  limited  time  allowed  would  be  insuflicient  to  enable  me 
to  make  the  necessary  arrangements  for  securing  a  thorough  and  impartial 
expression  of  the  will  of  the  people.  General  Smith  was  telegraphed  (see 
Appendix  B,  Xo.  6)  to  know  if  the  time  could  not  be  extended  a  few  days. 
In  reply.  General  Smith  informed  me  (see  Appendix  B,  Xo.  7)  that  the 
time  for  holding  the  election  was  fixed  by  the  Constitution  itself,  and  there- 
fore could  not  be  changed.  Instructions  were  at  once  issued  by  telegraph 
(see  Appendix  B,  Xo.  9,  to  which  especial  attention  is  called,  )  directing 
General  Smith  to  use  every  exertion  in  organizing  the  boards  of  registra- 
tion for  revision  of  the  registration,  provided  for  in  Section  7,  of  the  Act 
of  July  19.  1S67,  and  holding  the  election  provided  for  in  Section  5,  March 
23,  1867. 

For  information  as  to  the  manner  in  which  these  orders  were  carried 
out,  attention  is  invited  to  the  letter  of  General  Smith,  of  February  14, 
(Appendix  B,  Xo.  14),  and  his  instructions,  (Appendix  B,  Xo.  15.  ) 

On  the  14th  of  February,  General  Orders  Xo.  7,  from  Headcprarters 
^  Fourth  Military  District,  providing  for  the  submission  of  the  Constitution. 

(  ^^05  ) 


AEKANSAS  COi^STITUTIOITAL  CONYENTION,  1868 


to  the  registered  voters  of  Arkansas,  was  issued,  for  a  copy  of  which  see 
Appendix  B,  16.  It  will  be  seen  by  this  order,  paragraph  9,  that  "  no  Reg- 
istrar, Judge,  or  Clerk,  will  be  permitted  to  become  a  candidate  for  office 
at  the  election  for  which  he  served  as  Commissioner."  Attention  is  in- 
vited to  this  paragraph  from  the  fact  that  fraud  is  charged  on  account  of 
some  of  the  Commissioners  of  Election  having  been  candidates  for  State 
and  county  offices,  (see  Appendix  B,  No.  29),  the  elections  for  which  were 
held  at  separate  and  distinct  polls,  the  proceedings  at  which  were  not  under 
the  control  of  the  Registrars  (see  Appendix  B,  No.  20) ;  and  in  fact,  it 
would  have  been  difficult  to  have  found  men,  of  the  necessary  qualifica- 
tions, to  act  as  officers  of  the  election,  and  who  could  have  taken  the  re- 
quired oath. 

Application  was  made  to  have  the  time  allowed  for  the  revision  of  the 
registration  extended  beyond  the  five  days  prescribed  by  law;  but  con- 
sidering the  law  imperative,  the  registration  was  limited  to  five  days  (see 
Appendix  B,  No.  32.) 

Complaint  having  been  made  that  the  troops,  and  Agents  of  the  Bureau, 
would  be  used  to  influence  voters,  I  ordered  that  while  the  troops  should 
be  held  in  readiness  to  enforce  order  or  suppress  violence,  they  should  not 
be  placed  in  the  immediate  vicinity  of  the  polls. 

On  the  13th  of  March  the  election  began,  as  provided  for  by  the  Con- 
stitution and  election  Ordinance.  On  the  afternoon  of  the  14th  inst.,  the 
following  telegram  was  received  from  the  General-in-chief : 

Washington,  D.  C,  March  13, 1868. 

The  last  amendatory  act  passed  is  now  law.  It  provides  that  majority  of 
votes  actually  cast,  determines  adoption  or  rejection  of  Constitution;  also,  that 
the  electors  may  at  the  same  time  vote  for  members  of  Congress,  and  all  the 
elective  officers  provided  for  by  said  Constitution. 

U.  S.  Grant. 

Major  General  A.  C.  Gillem. 

The  Convention  having  provided  for  the  election  of  State  and  county 
officers,  separate  from  those  held  on  the  ratification  of  the  Constitution, 
and  by  voters  other  than  those  qualified  under  the  Reconstruction  Act, 
the  second  paragraph  of  the  above  despatch  could  not  afiect  the  election 
conducted  under  the  orders  of  the  District  Commander  in  Arkansas. 

The  election  was  held  as  ordered  ;  but  owing  to  the  irregularities  of  the 
mail  facilities,  or  other  means  of  communication,  the  returns  were  not  all 
received  until  to-day,  April  22d,  although  every  endeavor  has  been  made 
to  obtain  them  at  an  earlier  day,  and  to  that  end  special  messengers  and 
the  telegraph  have  been  liberally  used. 

The  following  table  shows  the  vote  as  received  from  the  Registrars : 


(  806  ) 


EEPOET  OF  DISTEIGT  CO^BIAXDER,  OX  EATIFICATIOX. 


[1.]  CO^'SOLIDATED  EePORT  OF  ELECTION  HELD  IX  THE  StATE  OP  ARKANSAS, 

coMMEXCixa  March  13, 1868,  rpox  the  Eatificatiox  of  the  Constitution. 


■- 

■=  s 

.2 

vU  L  .M 1 1 

I  Vol 

IiL.llAIlJi.ij, 

o 

Aekansas,  .    .  . 

1233 

169 

1402 

1826 

Ashley,  .    .    .  . 

414 

626 

1040 

1418 

Beadley,     .    .  . 

256 

546 

802 

•1274 

Benton  

97 

875 

972 

1179 

Calhoun,    .    .  . 

84 

364 

448 

637 

Chicot,  .... 

714 

193 

907 

1857 

Carroll,     .    .  . 

195 

501 

696 

905 

Clark,  .... 

462 

753 

1215 

1675 

Columbia,    .    .  . 

591 

977 

1568 

2200 

Chittenden,    .  . 

•496 

123 

619 

963 

Craighead,  .    .  . 

182 

226 

408 

620 

Cross,  .... 

119 

230 

349 

641 

Conway,  .... 

370 

486 

856 

1257 

Crawford,  .    .  . 

.  383 

518 

901 

1146 

Dallas,  .... 

247 

545 

792 

1101 

Desha,  .... 

139 

95 

234 

881 

Drew,  .... 

516 

715 

1231 

1784 

Franklin,  .    .  . 

330 

510 

840 

1045 

Fttlton,  .... 

115 

78 

193 

250 

Green,  .... 

10 

597 

607 

946 

Hempstead,     .  . 

1120 

1145 

2265 

2897 

Hot  Sprin&,     .  . 

214 

474 

688 

920 

Independence, 

517 

620 

1137 

1665 

Izard,  .... 

145 

409 

554 

799 

Jackson,  .... 

238 

531 

769 

1284 

No  election  held,  in  one  precinct. 

Johnson,  .... 

355 

397 

752 

959 

Jefferson,  .    .  . 

3259 

438 

3697 

3839 

No  returns  from  precincts  ;  consolidated 

return  from  County;  730  persons  were 

allowed  to  vote  who  were  registered  in 

other  counties  and  precincts. 

Lawrence,  .    .  . 

114 

445 

559 

1013 

No  election  held,  in  four  precincts. 

Little  River,  .  . 

246 

126 

372 

789 

Lafayette,     .  . 

466 

423 

889 

1683 

Madison,     .  . 

342 

144 

486 

725 

JMarion,  .... 

65 

264 

329 

519 

Mississippi,     .  . 

94 

133 

227 

510 

Montgomery,   .  . 

168 

130 

298 

53-7 

Monroe,  .... 

498 

359 

857 

1258 

Newton,  .... 

263 

52 

315 

456 

Ouachita,    .    .  . 

577 

1057 

1634 

2305 

Polk,  

172 

70 

242 

422 

Pope,   

394 

404 

798 

1000 

Prairie,  .... 

358 

944 

1302 

1835 

Pulaski,     .    .  . 

4919 

997 

5916 

4721 

Vote  exceeds  registration  by  1195. 

Phillips,     .    .  . 

2157 

845 

3002 

4040 

Perry,  .... 

96 

137 

233 

378 

Pike,  

262 

150 

(  1  0 

-±LZ 

592 

^0  election  held,  in  one  precinct. 

Poinsett, 

74 

97 

171 

232  * 

Randolph,  . 

114 

503 

617 

985 

Saline,  .... 

82 

594 

676 

837 

Sebastian,  .    .  . 

454 

440 

894 

1374 

Scott,  .... 

305 

164 

469 

572 

Searcy,  .... 

307 

92 

399 

577 

Sevier,  .... 

305 

401 

706 

917 

St.  Francis,    .  . 

450 

265 

715 

1013 

Union  

487 

820 

1307 

1846 

Van  Bur  en,     .  . 

54 

324  . 

378 

640 

In  White  and  Prairie  Precincts,  21  persons 

Washington,    .  . 

569 

1124 

1693 

2167 

White,  .... 

85 

1060 

1145 

1527 

voted  who  were  registered  in  other  coun- 

Woodruff, .    .  . 

191 

597 

788 

1264 

ties  and  precincts  :  vote,  viz.  :  White,  8 

Tell,  

444 

295 

739  . 

1082 

for  and  2  against  :  Prairie,  2  for  and  9 

against.    Also,  two  returns  from  Prairie 

27,913 

26,597 

54,510 

73,784 

Precinct  give  different  figures. 

Majority  for  Constitution,  1316. 


Headquarteks  Fotrth  INIilitart  District  (Mississippi  and  Arkansas,) 

Tickshurg,  Mississippi,  April  23,  1868. 
I  certify  that  the  above  is  a  correct  return  of  the  election  held  in  the  State  of  Arkansas  on  the  rati- 
fication of  the  Constitution,  as  shown  by  the  returns  of  the  Registrars.  ALVAN  C.  GILLEM, 

Brevet  Moj.-Gen.  TJ.  S.  A.,  Conima-iulin g  Founh  Military  Dist. 

(  807  ) 


AEKANSAS  CONSTITUTIOl^AL  CO]S^YENTIO]^,  1868. 


It  will  be  perceived  by  the  foregoing  table,  that  there  were  cast  for  the 
Constitution,  twenty-seven  thousand  nine  hundred  and  thirteen  (27,913); 
against  the  Constitution,  twenty-six  thousand  five  hundred  and  ninety- 
seven  (26,597):  total,  fifty-four  thousand  five  hundred  and  ten  (54,510); 
Diajorit}^  for  the  Constitution,  one  thousand  three  hundred  and  sixteen 
(1,816.) 

Had  the  election  been  conducted  in  strict  compliance  with  General 
Order  'No.  7,  and  the  result  been  indicated  by  the  above  figures,  the  adop- 
tion of  the  Constitution  w^ould  have  been  indisputable;  but  an  examina- 
tion of  the  foregoing  table  of  returns  shows  that  in  Pulaski  County  the 
total  vote  exceeds  the  total  number  registered  by  one  thousand  one  hun- 
dred and  ninety-five  (1,195).  This  is  explained  by  the  Registrars,  who 
admit  that  they  permitted  persons  registered  in  other  counties  to  vote  on 
the  presentation  of  their  certificates  of  registration,  and  without  taking 
'their  names,  or  the  counties  and  precincts  in  which  they  claim  to  be 
registered;  nor  did  the  ofiicers  conducting  the  election  in  this  (Pulaski) 
County,  comply  with  Par.  Ill,  General  Order  No.  7,  from  these  Head- 
quarters, providing  for  the  manner  of  conducting  the  election,  by  ''check- 
ing off  the  voter's  name  on  the  precinct-book  serving  as  the  poll-book." 
It  is  therefore  impossible  to  ascertain  the  number  or  names  of  the  regis- 
tered voters  in  Pulaski  County  who  availed  themselves  of  the  right  of 
franchise,  and  therefore  impossible  to  ascertain  the  number  in  excess  of 
eleven  hundred  and  ninety-five  (1,195)  who  voted  in  that  county,  and  who 
were  registered  in  other  places.  It  is  also  impossible  to  ascertain  whether 
or  not  these  persons  had  voted  where  registered. 

The  same  irregularities  occurred  in  Jefierson  County,  where  seven  hun- 
dred and  thirty  (730)  votes  were  cast  by  voters  claiming  to  be  registered 
in  other  counties  or  precincts. 

Of  these  votes,  eleven  hundred  and  ninety-five  (1,195)  in  Pulaski,  and 
seven  hundred  and  thirty  (730)  in  Jefferson — making  a  total  of  one  thou- 
sand nine  hundred  and  twent}^-five  (1,925) — there  is  no  means  of  ascertain- 
ing whether  they  were  cast  for  or  against  the  Constitution. 

Prior  to  the  Act  of  Congress  passed  March  11,  1868,  and  which  was 
promulgated  in  General  Order  No.  14,  from  the  War  Department,  dated 
March  14,  1868,  there  was  no  law  or  order  in  existence  permitting  voters 
registered  in  one  county  or  precinct,  to  vote  in  any  other  county  or  pre- 
cinct. The  Act  above  referred  to  authorizes  "  any  person  duly  registered 
in  the  State  to  vote  in  the  election  district  where  he  oflers  to  vote,  when  he 
has  resided  therein  for  ten  daj^'s  next  preceding  such  election,  upon  his 
presentation  of  his  certificate  of  registration,  his  affidavit,  or  other  satis- 
factory evidence,  under  such  regulations  as  the  district  commander  may 
prescribe." 

The  order  containing  this  law  was  not  received  until  after  the  election ; 
and  the  despatch  from  the  General-in-chief  containing  no  intimation  of 
this  provision,  I  was  unaware  of  the  existence  of  the  law,  and  therefore 
(  808  ) 


EEPOET  OF  DTSTEICT  C03IMAXDEE,  OX  EATIFICATIOX. 


prescribed  no  regulations  for  persons  voting  at  other  precincts  than  those 
in  which  they  registered. 

It  appears  from  the  report  of  CoL  J.  E.  Tourtelotte  (see  Appendix  C, 
ZSTo.  1,  to  which  special  attention  is  invited)  that  the  Registrars  in  Pulaski, 
Jelferson,  and  Washington  Counties,  learning  unofficially  of  this  law,  de- 
termined, on  their  own  responsibility,  to  receive  the  votes  of  persons  regis- 
tered in  other  counties. 

Coionel  Tourtelotte  was  ordered  to  Little  Eock  for  the  purpose  of  in- 
vestigating the  frauds  alleged  by  those  opposed  to  the  Constitution,  and 
was  informed,  by  the  parties  preferring  the  charges,  that  at  least  six  weeks 
would  elapse  before  they  could  be  ready  to  proceed  with  the  investigation, 
and  that  months  would  be  required  to  complete  them.  Such  delay  was 
not  deemed  expedient.  All  the  evidence  bearing  on  the  subject,  is  trans- 
mitted herewith. 

As  there  was  no  separate  record  kept  of  the  1925  votes  cast  in  Pulaski 
and  Jefterson  Counties,  by  persons  not  registered  in  those  Counties,  there 
are  no  means  of  ascertaining  whether  or  not  they  were  cast  for  or  against 
the  Constitution  :  and,  therefore,  if  the  reception  of  these  votes,  by  the 
Registrars,  under  a  law,  of  the  existence  of  which  they  had  no  legal  notifi- 
cation, is  held  not  to  invalidate  the  election  in  the  two  Counties  above- 
named,  the  Constitution  appears  to  have  been  adopted  by  a  majority 
of  1316. 

Each  party  charges  the  other  with  frauds.  Those  opposed  to  the  Con- 
stitution asserting  that  a  large  number  of  the  votes  cast  in  Pulaski,  Jefi:er- 
son,  and  Washington  Counties,  were  by  unauthorized  persons,  and,  in  some 
instances,  that  the  same  persons  were  permitted  to  vote  several  times.  Those 
in  favor  of  the  Constitution  charge  that  force  and  intimidation  was  used  to 
prevent  legal  voters  from  attending  the  polls:  and  that,  in  one  instance, — 
that  of  Union  County, — armed  parties  were  stationed  on  the  roads  for  that 
purpose.  For  evidence  on  the  subject  of  frauds,  attention  is  inwted  to  Ap- 
pendix C,  herewith  transmitted. 

In  a  question  of  such  importance,  and  one  purely  civil,  in  which  the 
action  to  be  taken  by  the  District  Commander  is  not  prescribed  by  Sec- 
tion 5  of  the  Act  of  March  23,  1867,  I  have  determined  to  forward  the 
entire  record  for  the  action  of  the  proper  authority. 

I  'am,  General. 

Very  respectfully, 

Your  ob"d'"t  serv't, 

Alvax  C.  Gillem, 

Brevet  Maj.  Gen.  U.  S.  A., 
Commanding  Fourth  Military  District. 

General  U.  S.  Grant, 

Commanding  Armies  of  the  United  States. 


i  S09  ) 


AEKA^^SAS  COISrSTITUTIONAL  CONYENTION,  1868. 


[The  papers  appended  to  this  Report,  consisting  of  an  undigested  mass 
of  letters,  telegrams,  etc.,  extending  to  great  length,  and  conflicting  in 
their  nature,  it  has  not  been  thoughl;  necessary,  to  publish  any  of  them, 
except  the  General  Orders  issued,  which  appear  in  their  proper  place. 
The  contents  of  these  papers  are  sufficiently  referred  to  in  the  body  of  the 
Report.] 


ISTOTE. 


ACTION  OF  CONGRESS, 

RESPECTING  ADMISSION  OF  THE  STATE  TO  REPRESENTATION, 
AND  INAUGURATION  OF  STATE  GOVERNMENT. 


The  following  Act  of  Congress,  admitting  the  State  of  Arkansas  to 
representation  in  Congress,  as  one  of  the  States  of  the  Union,  on  funda- 
mental condition  expressed,  was  passed  June  8th,  and  received  by  the 
President  of  the  United  States,  June  9th,  1868.  At  the  date  when  this 
sheet  goes  to  press,  the  bill  remains  in  the  hands  of  the  President. 
Should  the- final  action  of  the  President,  or  of  Congress,  on  the  bill,  take 
place  before  the  completion  of  this  volume,  it  will  be  stated  in  an  adden- 
dum to  this  Appendix. 


To  ADMIT  THE  StATE  OF  ARKANSAS  TO  REPRESENTATION  IN  CONGRESS. 

Whereas,  The  people  of  Arkansas,  in  pursuance  of  the  provisions  of  an 
act  entitled  "An  Act  for  the  more  efficient  government  of  the  Rebel 
States,"  passed  March  second,  eighteen  hundred  and  sixty-seven,  and  the 
acts  supplementary  thereto,  have  framed  and  adopted  a  Constitution  of 
State  government,  which  is  republican,  and  the  Legislature  of  said  State 
has  duly  ratified  the  amendment  to  the  Constitution  of  the  United  States 
(  810  )  • 


ACT  OF  ADMISSION  OF  THE  STATE. 


proposed  by  the  Thirty-ninth  Congress,  and  known  as  Article  Fourteen : 
Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of 
America,  in  Congress  assembled,  That  the  State  of  Arkansas  is  entitled  and 
admitted  to  representation  in  Congress,  as  one  of  the  States  of  the  Union, 
upon  the  following  fundamental  condition :  That  the  Constitution  of  Ar- 
kansas shall  never  he  so  amended  or  changed  as  to  deprive  any  citizen, 
or  class  of  citizens,  of  the  United  States,  of  the  right  to  vote,  who  are  en- 
titled to  vote  by  the  Constitution  herein  recognized,  except  as  a  punish- 
ment for  such  crimes  as  are  now  felonies  at  common  law,  whereof  they 
shall  have  been  duly  convicted,  under  laws  equalty  applicable  to  all  the 
inhabitants  of  said  State.:  Provided,  That  any  alteration  of  said  Constitu- 
tion, prospective  in  its  eflect,  may  be  made  in  regard  to  the  time  and  place 
of  residence  of  voters. 

Schuyler  Colfax, 

Speaker  of  the  House  of  Eepresentatives. 

B.  F.  Wade, 

President  of  the  Senate,  pro  tempore. 


At  the  date  when  this  sheet  goes  to  press,  a  bill  has  been  introduced 
into  the  House  of  Eepresentatives  of  the  United  States,  prescribing  the 
nlanner  in  which  State  governments  may  be  inaugurated  in  such  States, 
lately  in  rebellion,  as  may  by  Congress  be  declared  entitled  and  admitted 
to  representation  as  States  of  the  Union.  Should  final  action  be  taken  by 
Congress,  upon  the  bill,  before  the  completion  of  the  volume,  it  will  be 
given  in  an  addendum  to  this  Appendix. 


(  811  ) 


E  E  R  A  T  A. 


On  p.  60,  line  16,  for  "So  the  Convention  refused  to  refer  the  resolution,"  read,  "So  the 
resolution  was  referred." 

On  p.  198,  line  5,  for  "  [Mr.  Brooks],"  read,  "  [Mr.  Cypekt.]  " 
On  p.  538,  line  14,  for  "Was  not  agreed  to,"  read,  "Was  agreed  to." 


(  812  ) 


ADDEXDA. 


[The  binding  of  xhe  Toliime has  been  so  delaved  as  to  enable  the  Editor 
here  to  complete  the  documentary  history  of  the  recognition,  by  Coiigress, 
of  the  State  G-overnment  under  the  new  Consritution.  and  its  admission  to 
representation  in  the  National  Legishiture.] 


MESSAG-E  OE  THE  PEESIDEyT  OE  THE  HXITED  STATES, 

REirENING  BILL   ^  H.   R.   >'0.   1039'       TO   ADMIT  THE    STATE   OE  ARKANSAS  TO 
REPRESENTATION  IN  CONGRESS."  WITH  HIS   OBJECTIONS  THERETO. 


June  -20.  1S6S.— Eead.  and  ordered  :o  be  printed. 


To  the  HcAi.se  of  Eepremitatives  : 

I  return,  without  my  signatu.re,  a  bill  entitled  An  act  to  admit  the 
State  of  Arkansas  to  representation  in  Congress."' 

The  aporoval  of  this  bill  would  be  an  admission,  on  the  parr  of  the 
Executive,  that  the  Act  for  the  more  ehicient  government  of  the  rebel 
States.'"  passed  March  2.  1867.  and  the  acts  supplementary  thereto,  were 
proper  and  constitutional.  My  opinion,  however,  in  reference  to  those 
measures,  has  undergone  no  change,  but,  on.  the  contrary,  has  been 
strengthened  by  the  results  which  have  attended  their  execution.  Even 
were  this  not  the  case,  I  could  not  consent  to  a  bill  which  is  based  upon 
the  assumption  either  that,  by  an  act  of  rebellion  of  a  portion  of  its  people, 
the  State  of  Arkansas  seceded  from  the  Union,  or  that  Congress  may.  at 
its  pleasure,  expel  or  exclude  a  State  from  the  Union,  or  interrupt  its  rela- 
tions with  the  government,  by  arbitrarily  depriving  it  of  represenrarion  in 
the  Senate  and  House  of  Eepresentatives.  If  Arkansas  is  a  State  not  in 
the  Union,  this  bill  does  not  admit  it  as  a  State  into  the  Union.  If,  on 
the  other  hand.  Arkansas  is  a  State  in  the  Union,  no  legislation  is  neces- 
sary to  declare  it  entitled  "to  representation  in  Congress  as  one  of  the 
States  of  the  Union.''  The  Constitution  already  declares  that  each  State 
shall  have  at  least  one  representative :''  that  the  Senate    shall  be  composed 

(  S12a  } 


ARKANSAS  CONSTITUTIONAL  CONTENTION,  1868. 


of  two  Senators  from  each  State  ; "  and  "  that  no  State,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  Senate."  That  instrument 
also  makes  each  house  "  the  judge  of  the  elections,  returns,  and  qualifica- 
tions of  its  own  members;"  and  therefore  all  that  is  now  necessary  to  re- 
store Arkansas  in  all  its  constitutional  relations  to  the  government,  is  a 
decision  by  each  house  upon  the  eligibility  of  those  who,  presenting  their 
credentials,  claim  seats  in  the  respective  houses  of  Congress.  This  is  the 
plain  and  simple  plan  of  the  Constitution;  and  believing  that  had  it  been 
pursued  when  Congress  assembled  in  the  month  of  December,  1865,  the 
restoration  of  the  States  would  long  since  have  been  completed,  I  once 
again  earnestly  recommend  that  it  be  adopted  by  each  house,  in  prefer- 
ence to  legislation  which  I  respectfully  submit  is  not  only  of  at  least 
doubtful  constitutionality,  and  therefore  unwise  and  dangerous  as  a  prece- 
dent, but  is  unnecessary,  not  so  effective  in  its  operation  as  the  mode 
prescribed  by  the  Constitution,  involves  additional  delay,  and  from  its 
terms  may  be  taken  rather  as  applicable  to  a  Territory  about  to  be  ad- 
mitted as  one  of  the  United  States,  than  to  a  State  which  has  occupied  a 
place  in  the  Union  for  upwards  of  a  quarter  of  a  century. 

The  bill  declares  the  State  of  Arkansas  entitled  and  admitted  to  rep- 
resentation iu  Congress  as  one  of  the  States  of  the  Union,  upon  the  follow- 
ing fundamental  condition : 

"  That  the  constitution  of  Arkansas  shall  never  be  so  amended  or  changed 
as  to  deprive  any  citizen  or  class  of  citizens  of  the  United  States  of  the  right 
to  vote  who  are  entitled  to  vote  by  the  constitution  herein  recognized,  except 
as  a  punishment  for  such  crimes  as  are  now  felonies  at  common  law,  whereof 
they  shall  have  been  duly  convicted  under  laws  equally  applicable  to  all  the 
inhabitants  of  said  State  :  Provided^  That  any  alteration  of  said  constitution, 
prospective  in  its  effect,  may  be  made  in  regard  to  the  time  and  place  of  resi- 
dence of  voters." 

I  have  been  unable  to  find  in  the  Constitution  of  the  United  States  any 
warrant  for  the  exercise  of  the  authority  thus  claimed  by  Congress.  In 
assuming  the  power  to  impose  a  "fundamental  condition"  upon  a  State 
which  has  been  duly  "  admitted  into  the  Union  upon  an  equal  footing  with 
the  original  States  in  all  respects  whatever,"  Congress  asserts  a  right  to 
enter  a  State  as  it  may  a  Territory,  and  to  regulate  the  highest  prerogative 
of  a  free  people — the  elective  franchise.  This  question  is  reserved  by  the 
Constitution  to  the  States  themselves,  and  to  concede  to  Congress  the 
power  to  regulate  this  subject  would  be  to  reverse  the  fundamental  prin- 
ciple of  the  republic,  and  to  place  in  the  hands  of  the  Federal  government, 
which  is  the  creature  of  the  States,  the  sovereignty  which  justly  belongs 
to  the  States  or  the  people,  the  true  source  of  all  political  power,  by  whom 
our  federal  system  was  created,  and  to  whose  will  it  is  subordinate. 
(  8125  ) 


PEESIDEXT'S  VETO  OF  BILL  OE  ADAilSSIOy. 


The  bill  fails  to  provide  in  what  manner  the  State  of  Arkansas  is  to 
siu'nifv  its  aoceptance  of  the  "  fanclamental  eonditic>n""  which  Con2:ress 
endeavors  to  make  unalterable  and  irrevocable.  Xor  does  it  prescribe  the 
penalty  to  be  imposed  should  the  people  of  the  State  amend  or  change  the 
particular  portions  of  the  constitution  which  it  is  one  of  the  purpose-of 
the  bill  to  perpetuate,  but  as  to  the  consequences  of  such  acri'>n  leaves 
theni  in  uncertainty  and  doubt.  TThen  the  circumstances  under  wliich 
this  constitution  has  been  brought  to  the  attention  of  Congress  are  con- 
sidered, it  is  not  tinreasonaijle  to  supp':>se  that  effort?  will  Ije  made  to 
modify  its  provisions,  and  especially  those  in  respect  to  whieh  this  measure 
prohibits  any  alteration.  It  is  seriously  questioned  whether  the  constitu- 
tion has  been  ratified  by  a  majority  of  the  persons  who.  under  the  Act  of 
March  2.  1S67.  and  the  acts  supplementary  thereto,  were  entitled  to  reads- 
tration  and  to  vote  upon  that  issue.  Section  ten  of  the  schedule  provides 
that  no  person  disqualified  from  voting  or  registering  under  this  consti- 
tution shall  vote  for  candidates  for  any  otiice.  nor  shall  be  permitted  to 
vote  for  the  ratification  or  rejection  of  the  constitution  at  the  polls  herein 
authorized."  Assumed  to  be  in  force  before  its  adoption,  in  disregard  of 
the  law  of  Congress. the  constitution  undertakes  to  impose  upon  the  elector 
other  and  further  conditions.  The  fifth  section  of  the  eiu'hth  article  pro- 
vides that  ••'all  persons,  before  registering  or  voting."  must  take  and  sub- 
scribe an  oath;  which,  among  others,  contains  the  following  clause  :  *^That 
I  accept  the  civil  and  political  equality  of  all  men.  and  agree  not  to  attempt 
to  deprive  any  person  or  persons  on  account  of  race,  color,  or  previous  con- 
dition, of  any  political  or  civil  right,  privilege,  or  immunity  enjoye-li  by 
any  other  class  of  men."'"  It  is  well  known  that  a  very  large  portion  of 
the  electors  in  all  the  States,  if  not  a  large  majority  of  all  of  them,  do  not 
believe  in  or  accept  the  political  equality  of  Indians.  IMongolians.  or  ne- 
groes, with  the  race  to  whieh  they  belong.  If  the  voters  in  many  of  the 
States  of  the  Xorth  and  AVest  were  required  to  take  such  an  oath  as  a  test 
of  their  qualification,  there  is  reason  to  believe  that  a  majority  of  them 
would  remain  from  the  polls  rather  than  comply  with  its  degrading  con- 
ditions. How  far  and  ta  what  extent  this  test  oath  prevented  the  regis- 
tration of  those  who  were  qualified  under  the  laws  of  Congress,  it  is  not 
possible  to  know ;  but  that  sueh  was  its  efiect.  at  least  sufiicient  to  over- 
come the  small  and  doubtful  majority  in  favor  of  this  constitution,  there 
can  be  no  reasonable  doubt.  Should  the  people  of  Arkansas,  therefore, 
desiring  to  regulate  the  elective  franchise  so  as  to  make  it  conform  to  the 
constitutions  of  a  large  proportion  of  the  States  of  the  Xortli  and  TTest, 
modify  the  provisions  referred  to  in  the  ••fundamental  condition.""  what  is 
to  be  the  consequence  ?  Is  it  intended  that  a  denial  of  representation  sliall 
follow?  And  if  so.  may  we  not  dread,  at  some  future  day.  a  recurrence 
of  the  troubles  which  have  so  long  agitated  the  country?  "Would  it  not 
be  the  part  of  wisdom  to  take  for  our  guide  the  federal  Constitution,  rather 
than  resort  to  measures  which,  looking  only  to  the  present,  may  in  a  few 

(  ^1-^'  ) 


AEKANSAS  CONSTITUTIONAL  CONTENTION,  1868. 


years  renew,  iu  an  aggravated  form,  the  strife  and  bitterness  caused  by 
legislation  which  has  proved  to  be  so  ill-timed  and  unfortunate  ? 

Andrew  Johnson. 

Washington,  D.  C,  June  20,  1868. 

[To  this  Message  was  appended  the  Act  of  Congress  of  June  8th,  1868, 
as  printed  on  page  810,  declaring  the  State  entitled  and  admitted  to  rep- 
resentation;  together  with  the  certificate  of  the  Clerk  of  the  House  of 
Representatives,  that  the  Act  originated  in  that  House.  The  action  of  the 
two  Houses  of  Congress,  upon  the  veto  of  the  President,  will  appear  from 
the  official  copy  of  the  Act,  subjoined.] 


To  ADMIT  THE  StATE  OF  ARKANSAS  TO  REPRESENTATION  IN  CoNGRESS. 

Whereas^  The  people  of  Arkansas,  in  pursuance  of  the  provisions  of  an 
act  entitled  "  An  Act  for  the  more  efficient  government  of  the  Rebel 
States,"  passed  March  second,  eighteen  hundred  and  sixty-seven,  and  the 
acts  supplementary  thereto,  have  framed  and  adopted  a  Constitution  of 
State  Government,  which  is  republican,  and  the  ^legislature  of  said  State 
has  duly  ratified  the  amendment  to  the  Constitution  of*  the  United  States 
proposed  by  the  Thirty-ninth  Congress,  and  known  as  Article  Fourteen  : 
Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America^  in  Congress  assembled,  That  the  State  of  Arkansas  is  entitled 
and  admitted  to  representation  in  Congress,  as  one  of  the  States  of  the 
Union,  upon  the  following  fundamental  condition :  That  the  Constitution 
of  Arkansas  shall  never  be  so  amended  or  changed  as  to  deprive  any 
citizen,  or  class  of  citizens,  of  the  D'nited  States,  of  the  right  to  vote,  who 
are  entitled  to  vote  by  the  Constitution  herein  recognized,  except  as  a 
punishment  for  such  crimes  as  are  now  felonies  at  common  law,  whereof 
they  shall  have  been  duly  convicted,  under  laws  equally  applicable  to  all 
the  inhabitants  of  said  State :  Provided,  that  any  alteration  of  said  Con- 
stitution, prospective  in  its  effect,  may  be  made  in  regard  to  the  time  and 
place  of  residence  of  voters. 

In  the  House  op  Eepresentatiyes, 

June  20,  1868. 

The  President  of  the  United  States  having  returned  to  the  House  of 
Representatives,  in  which  it  originated,  the  bill  entitled  "An  Act  to  admit 
the  State  of  Arkansas  to  representation  in  Congress,"  with  his  objections 
(  812  ) 


ACT  OF  ADMISSIOISr  OF  THE  STATE. 


thereto,  the  House  of  Eepresentatives  proceeded,  in  pursuance  of  the  Con- 
stitution, to  reconsider  the  same,  and 

Resolved^  That  the  said  bill  do  pass,  two-thirds  of  the  House  of  Repre- 
sentatives agreeing  to  pass  the  same. 

Attest:  Edward  McPherson, 

Clerk  H.  K.  U.  S. 

Ix  Senate  of  the  United  States, 

June  22,  1868. 

The  Senate  having  proceeded,  in  pursuance  of  the  Constitution,  to  re- 
consider the  bill  entitled  "  An  Act  to  admit  the  State  of  Arkansas  to  rep- 
resentation in  Congress,"  returned  to  the  House  of  Representatives  by  the 
President  of  the  United  States  with  his  objections,  and  sent  by  the  House 
of  Representatives  to  the  Senate  with  the  message  of  the  President  return- 
ing the  bill. 

Resolved^  That  the  bill  do  pass,  two-thirds  of  the  Senate  agreeing  to  pass 
the  same. 

Attest : 

Geo.  C.  Gorham, 

Secretary  of  the  Senate. 


(  812c  ) 


0  R  D  I  y  A  X  C  E  S. 

PUBLIC  PiESOLUTIOXS,  AXD  URDERS, 

AMD  • 

Memorials  addi^essed  to  CongTess ; 

AEKATSAS  CO^'STIirilOXAL  COTViyiI(D\. 


ORDINANCES, 


PUBLIC  RESOLUTIONS,  &  ORDERS, 


PASSED. 


MEMORIALS 

ADDRESSED  TO  THE  COISTGRESS  OF  THE  UNITED  STATES, 

BY  THE 

CONSTITUTIONAL  CONTENTION 


STATE  OF  ARKANSAS, 

■Which  assembled  at  Little  Eock,  Jan.  7,  1868. 


With  Marginal  Notes,  and  an  Index. 


little  ROCK: 

JOHN  a.  PEICE, 
Printer  to  the  Convention. 
1  8  6  8. 


1,  John  G.  Price,  Secretary  of  the  Constitutional  Convention  of  the 
State  of  Arkansas,  do  hereby  certify  that  the  annexed  are  correct  copies  of 
the  Ordinances,  Public  Eesolutions,  and  Orders,  passed,  and  Memorials  adopted 
for  presentation  to  the  Congress  of  the  United  States,  by  the  said  Conveti- 
tion,  at  the  session  thereof  beginning  on  the  seventh  day  of  January  and 
ending  on  the  fourteenth  day  of  February,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-eight. 

|n  MiteeSS  to|;emt  ^  hereunto  set  my  name  as  Secretary 
of  the  Convention^  on  this  twenty -eighth  day  of  May, 
eighteen  hundred  and  sixty-eight. 

JOHN  G.  PEICE, 
Secretary  of  the  Convention. 


J.  M.  PoMEROY,  Compiler  and  Editor. 


LIST 


ORDINANCES, 
PUBLIC  RESOLUTIONS,  ORDERS, 

MEMOEIALS  TO  COXGEESS, 

OF  THE 

ARKANSAS  COXSTITUTIOXAL  COXVEXTIOX  OE  1868. 


[The  paging  in  tlie  List  refers  to  the  numbers  at  top  of  the  page.] 

ORDIXAXCES. 

No.  Page. 

1.  An  Ordinance  providing  and  making  aj^propriations  for  the  per  diem 

and  mileage  of  members  of  the  Constitutional  Convention  of  the 
State  of  Arkansas,  and  other  necessary  expenses        .       .       .  1 

2.  An  Ordinance  declaring  a  Public  Printer  ......  2 

3.  An  Ordinance  raising  revenue  for  the  ptirpose  of  defraying  expenses 

of  ConstifQtional  Convention  3 

4.  An  Ordinance  providing  for  the  per  diem  and  mileage  of  the  members. 

and  the  ])ev  diem  of  the  officers,  of  the  Constitutional  Convention 

of  the  State  of  Arkansas       ........  4 

5.  An  Ordinance  to  provide  for  an  election  by  the  voters  registered  in 

this  State,  under  an  Act  of  Congress  entitled  ••An  Act  to  provide 
for  the  more  efficient  government  of  the  Pebel  States."  passed 
3Iarch  2d.  1S6T.  and  the  Acts  stipplementary  thereto         .       .  5 

6.  An  Oritinance  [to  attach  Eittle  Paver  County  to  the  Sixth  Judicial 

Circuit,  and  to  declare  the  Cou^lty-seat  thereof]        ...  6 
7«'  An  Ordinance  [to  provide  for  the  publication  of  notice  of  election, 
under  provisions  of  Act  of  Congress,  for  ratification  of  the  Con- 
stitution]      ......  ^  6 

8.  An  Ordinance  to  defray  the  expenses  incurred  under  provisions  of 
the  Schedule  to  the  Constitution,  adopted  by  the  Convention 
Eebruarv  11th.  A.D,  1S6S     .       .       ,       .       .       .       .       .  7 


PUBLIC  RESOLUTIONS.  AXD  ORDERS. 

No.  PAGf. 

[1.]    Tax  on  Paw  Cotton. — A  Eesoliition  recommending  the  removal  of 

the  tax  on  ravr  cotton       ........  8 

5-2  -  (  S17  ) 


OEDINANCES,  PUBLIC  EESOLUTIONS,  AND  MEMOEIALS. 


[2.]    Affairs  of  Little  Eock  and  Fort  Smith  Eailroad. — A  Eesolution  ap- 
pointing Commissioners  to  investigate  the  affairs  of  the  Little 

Eock  and  Fort  Smith  Eailroad  8 

[3.]    Adjournment  of  the  Convention. — A  Eesolution  in 'relation  to  the 

final  adjournment  of  the  session  of  the  Convention         .       .  9 
[4.]    Continuance  of  Freedmen's  Bureau. — A  Eesolution  petitioning 

Congress  for  continuance  of  the  Freedmen's  Bureau       .       .  9 
[5.]    Amalgamation  of  the  Eaces. — A  Eesolution  respecting  amalgama- 
tion of  the  white  and  colored  races  ......  10 

[6.]    Impeachment  of  Judges  Harrell  and  Hargrove. — A  Eesolution 
recommending  to  the  'General  Assembly  the  adoption  of  meas- 
ures to  relieve  Judges  Harrell  and  Hargrove  of  disabilities 
imposed  hy  charges  of  impeachment        • »     •       •       •  .10 
[7.]    Yice-Presidents  of  the  Convention. — A  Eesolution  appointing  Yice- 
Presidents  of  the  Convention,  and  prescribing  their  duties,  and 
the  order  of  their  precedence    .......  11 

[8.]    Boards  of  Codification. — A  Eesolution  prescribing  the  manner  of 
appointment  of  Boards  to  digest  and  arrange  the  laws,  and 
to  arrange  a  code  of  practice,  as  in  the  Constitution  provided  11 
[9.]    Compensation  and  mileage  of  Stenographer. — An  Order  allowing, 
to  the  Stenographic  Eeporter  of  the  Convention,  mileage,  and 
compensation  for  time  consumed  in  travel       ....  12 

[10.]    Adjournment,  sine  die,  of  Convention. — A  Eesolution  providing  for 

the  adjournment,  si7ie  die,  of  the  Convention    ....  12 

[11.]    Vacancies  in  Board  of  Commissioners  to  codify  the  laws. — A  Ees- 
olution providing  for  the  case  of  resignation^  death,  or  dis- 
qualification, of  either  of  the  Commissioners  appointed  to  codify 
and  arrange  the  laws  .........  13 

[12.]    Printing  of  Memorials  and  Ordinances. — A  Eesolution  providing 
for  the  printing  of  the  Memorials  and  Ordinances  of  the  Con- 
vention     .       .       ,       .       ...       .       .       .       .  .13 

[13.]  Publication  and  Distribution  of  Journal. — An  Order  providing  for 
the  printing,  indexing,  and  distribution  of  the  Oflficial  Journal 
and  Debates  of  the  Convention  .  .  .  •  #  •  .13 
[14.]  Extra  Compensation  of  Assistant  Secretaries. — A  Eesolution  allow- 
ing extra  compensation  to  Assistant  Secretaries  of  the  Conven- 
tion *14 


MEMORIALS  TO  CONGRESS. 

No,  Page. 

[1.]    Memorial  respecting  the  tax  on  cotton  15 

[2.]    Memorial  for  an  appropriation  of  money  for  improving  the  Arkan- 
sas Eiver,  from  its  mouth  to  Fort  Smith  16 

[3.]    Memorial  asking  for  the  amendment  of  the  Bankrupt  Laws  .       .  17 
[4.]    Memorial  for  the  rebuilding  of  levees  on  the  Mississippi  and  Ar- 
kansas Elvers    •   .  18" 

[.5.]    Memorial  for  the  public  sale  of  the  Hot  Spring  Eeservation  in  the 

State  of  Arkansas  .19 

(  818  ) 


1 


ORDIXAXCES 

Passed  hy  tlie  Converdion  li'hicli  assemhled  at  LitUe  Rod:,  o//  the 
sevez/fJi  day  of  Janaary.  A.D.  IS'jS.  under  the  jjroL'isions  of  the  Act  of 
Congress  of  March  'Id.  1567.  and  the  Acts  sujjjjlernentary  thereto,  to 
form  a  Constitution  for  the  Sto.te  of  ArJ:a.nsas.  and  cudjourned  fsuhject. 
within  one  yean\  to  the  call  of  the  Presideiit.  or.  in  case  of  his  adjsence 
or  discdjility.  of  either  of  the  Vice-Presidents,  thereof  J  on  the  \^th  day 
of  Fehruary.  J..Z).  1S6S. 

Thoaias  M.  Bowex.  President  of  the  Convention. 


No,  1. 

^it  ©rdiiunice 

Providing  and  making  appropriations  for  tlie  per  diem  jan,  is.  isos. 
and  mileage  of  members  of  the  Constitutional  Conven- 
tion of  the  State  of  Arkansas,  and  other  necessary  ex- 
penses. 

Be  it  ordained  by  the -people  of  Arkansas,  in  Convention  assembled  : 

That  there  is  hereby  appropriated  out  of  the  Treasury,  the  Appropriation 

sum  of  seventy-five  thousand  dohars.  for  the  purpose  of  pay-  tion  ^o?^d^k' 

iuct  the  per  diern  and  mileaore  of  delegates,  and  such  other 

^        ^  .1   ?    •  V      V     1  ■  •       '^^^  otiier  ex- 

expenses  as  may  necessarily  be  incurred  under  the  provisions  penses  of  recon- 

of  an  Act  entitled  an     Act  to  provide  for  the  more  efficient 

Government  of  the  Eebel  States,''  passed  March  2d,  1S67  : 

•that  it  is  herebv  made  the  dutv  of  the  Auditor  of  the  State,  Auditor,  on  c-er- 

,     "  ^  ^  .  tificate  ot  sec. 

Upon  the  certificate  of  the  Secretary  of  the  Convention,  coun-  and  Pres't  of 
tersigned  by  the  President,  to  draw  a  warrant  on  the  Treas-  drTw  warrants!^ 

(  519  ) 


2 


OEDINANCES  OF  THE 


nrer  for  and  in  favor  of  such  person  or  persons,  as  they  may 

certify  to  be  due,  for  per  diem,  mileage,  or  other  necessary 
Treasurer  expcnscs ;  and  it  is  hereby  made  the  duty  of  the  Treasurer  of 
make  payment,  the  State,  upou  the  presentation  of  such  warrant,  to  pay  the 

same  out  of  any  money  now  in  the  Treasury,  not  otherwise 

appropriated  by  law. 

Passed  January  18th,  1868. 


No.  2. 


gin  ®riinan([e 

Jan  20, 1868.      Declaring  a  public  printer. 


Be  it  ordained  by  the  'peojple  of  Arkansas  in  Convention  assembled : 
John  G.  Price  That  Joliu  G.  Pricc  is  hereby  declared  Public  Printer  of  this 
^riiTtlr^tJ  cl)n*?  Convention,  and  also  for  the  State  of  Arkansas ;  and  that  all 
state^"  printing  of  laws,  journals,  and  other  proceedings  and  legal 

advertisements,  which  is  by  law  made  the  duty  of  the  State 
Rates  of  com-  printer,  shall  be  transferred  to  him ;  and  that  he  shall  receive 
Ser^of^Conven-  therefor  the  rates  now  prescribed  by  law.  And  it  is  hereby 
stTte  * and^c^"^  made  the  duty  of  the  Secretary  of  this  Convention  to  notify 
officials  of  pas-  all  State  and  county  officials  of  the  passage  of  this  Ordinance, 
Snanee*^^^      which  shall  take  effect  from  and  after  its  passage. 

When  to  take 

Passed  January  20th,  1868. 


(  820  ) 


AEEAySAS  COXSTIiniOXAL  COXVEXTIOX.  1S6S.  3 


No,  3. 

©nlinHiirc 


Eaising  revenue  for  the  j^nrpose  of  defraying  expenses  Jan.  24.  isas. 
of  Constitutional  Convention. 

Be  it  ordaintd  by  the  iJiopU  of  the  StaU  cf  Arkansas,  in  Conn:en' 
Hon  asstnibUd :  That  there  is  hereby  levied  upon  the  taxable  Lery  of  tax  of 
property  of  said  State.* one-fourth  of  one  per  cent.,  for  the  pur-  f^defrV  ex- 
pose of  defraying  the  expenses  incurred  under  the  provisions  I^rueUon 
of  an  Act  of  Congress  entitled     An  Act  to  provide  for  the 
more  efficient  government  of  the  Eebel  States."  passed  March 
second,  eighteen  hundred  and  sixty-seven,  and  Acts  of  Con- 
gress supplemental  and  amendatory  thereto.    And  that  the  Tax  to  be  ooi- 
officers  now  provided  by  law  for  the  collection  of  taxes,  shall  in"  by  ^Janr^r 
collect  and  pay  the  same  into  the  Treasury  of  the  State,  on  or 
before  the  hrsi  day  of  June,  eighteen  hundred  and  sixty-nine. 

And  he  it  farther  ordavned :  That  the  Auditor  of  said  State  is  Auditor,  on eer- 

-,  .  ^  tifieate  of  Pres"t 

lierehy  ciirected  to  issue  ins  warrant  upon  tne  1  reasurei' ot  and  See.  of  Con- 
said  State,  for  such  amounts  as  the  President  and  ^^^I'^v^^J  ^^Z'jlm'fol'^Z 
of  the  Convention  mav  certifv  to  be  due  to  anv  person  or  ner-  F^ii^esof 
sons,  for  expenses  or  services  incurred  under  the  provisions  of 
the  aforesaid  Act.    Upon  the  receipt  of  the  warrant  aforesaid.  Treasurer 
the  Treasurer  v^ill  issue  his  certificate,  payable  out  of  any  surcenificaie^ 
funds,  arising  from  taxation,  that  may  come  into  the  Treasury  ^^'Spavlbie^ 
after  the  passage  of  this  Ordinance. 

All  collectors  of  taxes  shall  receive  the  warrants  of  the  Treasurer's 

rr.  n       .  -,  .  -.  -  -,    .  ->  -n-arrants.  so  is- 

ireasurer  ot  said  ^^tate.  issued  as  atoresaid.  m  payment  ot  tne  sued,  receiva- 
tax  levied  by  the  Ordinance,  or  for  any  taxes  due  to  said  ["^Ls^^^ 
State. 

That  the  amount  to  be  levied  by  the  provisions  of  this  Or-  Amt.  i™*^- 
dinance  shall  be  placed  upon  the  Tax-Books  for  the  year  Tax  Books  for 
eighteen  hundred  and  sixty-eight,  by  the  officers  now  desig- 
Bated  by  law.    And  it  is  hereby  made  the  duty  of  the  Auditor  Auditor  to  ap- 
of  State  to  make  the  apportionment  among  the  different  coun-  ^"^^^^"'^ 
ties  of  the  State,  in  proportion  to  the  valuation  of  taxable  prop- 
erty in  said  counties. 

Passed  Januarv  2-ith.  1S68. 

( )  • 


recon- 
struction. 


4 


OEDINANCES  OP  THE 


No.  4.  . 

gin  #rfan4^ 

Jan.  25, 1865.  Providiiig  for  the  per  diem  and  mileage  of  the  mem- 
bers, and  the  per  diem  of  the  officers,  of  the  Constitu- 
tional Convention  of  the  State  of  Arkansas. 

Be  it  ordained  hy  the  people  of  the  State  of  Arkansas,  in  Consti- 
Compensation    tutioual  Conventiou  assembled:  Mr  si,  That  the  compensation  of 

of  members  of  n  i  •    /-i  •         i    n  i        •   i      t  n  t 

Convention,  for  the  members  01  this  Convention  shall  be  eight  dollars  per  diem 
And^tfrnrcon-  during  the  actual  sitting  of  the  Convention,  and  the  same 
sumed  in  travel,  amouut  per  diem  for  each  day's  travel  in  coming  to  and  re- 
turning from  the  said  Convention,  estimating  thirty  miles  to 
be  a  day's  travel,  and  computing  the  same  by  the  nearest  and 
most  practicable  route  furnishing  public  transportation.  Also, 
Mileage.         mileage  each  way,  at  the  rate  of  twenty,  cents  per  mile,  by  the 
same  route : 

Compensation       Second,  The  compensation  of  the  Chaplain  shall  be  eight 
Chaplain,        dollars  per  diem,  with  the  same  mileage  as  allowed  to  mem- 
bers: 

Compensation       Third,  The  compensation  of  the  Secretary  shall  be  twelve 
ConvenS.      dollars  pcr  diem;  that  of  the  Assistant  Secretaries,*  Sergeant- 
at-Arms,  Assistant  Sergeant-at-Arms,  Doorkeeper,  Assistant 
Doorkeepers,  and  Postmaster,  eight  dollars  per  diem;  and  that 
of  the  Pages,  three  dollars  per  diem  : 
Compensation      Fourth,  The  Compensation  of  the  President  shall  be  double 
Pres't^^iT^Con?"  that  rcccived  by  the  members,  with  the  same  mileage  as  ^1- 

vention.  ^^^^^^  ^^IQUI, 

Passed  January  25th,  1868. 


*  See  Public  Eesolution  No.  14. 


(  822  ) 


AEKANSAS  CONSTITUTIONAL  CONVENTION,  1868. 


No.  5. 

gilt  #rtlittan([e 


To  provide  for  an  election  by  the  voters  registered  in  Feb.  ii,  ises. 
this  State,  under  an  Act  of  Congress  entitled  "  An  Act  to 
provide  for  the  more  efficient  government  of  the  Rebel 
States,"  passed  March  2d5  1867,  and  the  Acts  supplement- 
ary thereto. 

Section  One.  Be  it  ordained.  That  jany  voter  re2:istered  Registered  to- 

'     *^  /  ^  ter  may  vote  up- 

under  the  provisions  of  an  act  of  Congress  entitled  an  ^'  Act  on  ratification, 
to  provide  for  the  more  efficient  government  of  the  rebel  where*^hr^mny 
States,"  passed  March  2nd,  1867,  and  the  supplementary  acts  ^j^"^  ^J^^l 
thereto,  shall  be  permitted  to  vote  in  any  county  in  this  State, 
where  he  may  be  at  the  time  of  the  election,  upon  the  ratifica- 
tion of  the  Cdnstitution  framed  by  this  Convention. 

Section  Two.  That  in  voting  for  or  against  the  ratification  of  style  of  baiiot. 
this  Constitution,  the  words  "For  Constitution,"  or  "Against 
Constitution"  shall  be  written  or  printed  on  each  ballot ;  but  no  No  vote  for  offi- 
person  shall  vote,  at  the  polls  provided  for  by  this  ordinance,  arViec^tidn^^in 
for  any  State  or  county  officer  prescribed  in  said  Constitution.  p^o^i^J^ed  for"^^ 

Section  Three.  Said  election  shall  be  held  at  such  times  Times  and 
and  places  as  maybe  designated  by  the  Board  of  Commis-  eiectTon  ^to  *be 
sioners  appointed  under  the  provisions  of  the  schedule  to  the  Jf^^s^ated  by 

J-  ^  ^  Board  of  Com- 

Constitution  submitted  by  this  Convention  to  the  people.  missioners. 

Section  Four.  The  secrecy  of  the  ballot  shall  be  preserved  Secrecy  of  the 
inviolate.    I^o  Judge,  inspector,  or  other  election  officer,  shall  vio\ate.*° 
mark  or  deface  or  furnish  to  be  marked  or  defaced,  any  ballot 
cast  at  the  poll  at  which  he  is  acting,  whereby,  may  be  ascer- 
tained the  manner  any  elector  voted. 

Appended  to  the  Constitution. 

Passed  February  11th,  1868. 


(  823  ) 


6 


OEDINANCES  OF  THE 


No.  6. 


Feb.  IL  186S. 

Little  River  Co.  ordaiTied  by  the  Constitutional  Convention  of  the  State  of  Ar- 

atj;a<ihed  to^eth  kansas:  1st.  That  Little  Eiver  County  be,  and  the  same  is 
cuit!  hereby,  attached  to  the  Sixth  Judicial  Circuit  of  this  State. 

Rocky  Comfort     2d.*  That  Rocky  Comfort  be,  and  the  same  is  hereby,  de- 

declared  .Coun-  ^ 

ty-seat.  clarcd  the  County-seat  of  said  County.    This  Ordinance  to 

maViri'r  force  i^e^i^ain  in,  and  have,  full  force  and  effect,  until  otherwise 
direJted^''''by  ^i^'^cted  by  the  General  Assembly  of  this  State. 

Gen.  Assembly. 

Passed  February  11th,  1868. 


No.  7. 


Feb.  11,  1868. 


Notice  of  time     Be  it  Ordained  and  established:  That  the  notice  of  the  time  of 
Constitution  to  Submitting  the  Constitution  for  Arkansas,  framed  and  adopted 
Iccordancl^ith      ^^^^  Conveutiou,  for  ratification,  as  required  by  the  Act  of 
Act  of  Congress.  Cougrcss  entitled  ''An  Act  for  the  more  efficient  government 
of  the  Rebel  States,"  be  given  by  the  President  of  this  Con- 
Pubiication.     veutioii,  couutersigiied  by  the  Secretary;  and  that  copies  there- 
of be  furnished  to  all  the  newspapers  in  the  State ;  and  that 
the  same  be  published  in  all  of  the  said  newspapers,  as  soon  as 
practicable  after  the  issue  thereof. 

Passed  February  11th,  1868. 


(  824  ) 


AEKANSAS  CONSTITUTIONAL  CONVENTION,  1868. 


No.  8. 


gin  ®rdi 


To  defray  the  expenses  incurred  under  provisions  of  s^eb.  14,  isgs. 
the  Schedule  to  the  Constitution,  adopted  by  the  Conven- 
tion February  11th,  A.D.,  1868. 

Section  One.  Be  it  ordained :  That  all  accounts  of  the  Board  Accts.  of  Com- 
missioners, and 

of  Commissioners,  and  expenses  in  carrying  out  the  provisions  expenses  under 

of  said  Schedule,  appointed  under  provisions  of  the  Schedule  certified^' 

to  the  Constitution,  adopted  by  this  Convention  February  11th, 

1868,  shall  be  certified  to  by  the  President  and  signed  b}^  the 

Secretary  of  this  Convention. 

Section  Two.  When  said  accounts,  for  said  expenses,  are  Auditor  to  is- 

presented  to  the  Auditor  of  State,  he  shall  issue  his  warrant  on  TTealurer.^^*^ 

the  Treasurer  of  State,  who  shall  pav  the  same  out  of  the  ap-  Treasurer  to 
'  .  .  p*^y  from  ap- 

propriation for  paying  the  expenses  of  this  Convention.  propriation  for 

Section  Three.  Said  Auditor's  warrants  shall  be  receivable  venticm.**^ 

by  all  Sheriffs,  or  ot!ier  tax-collectors,  or  Treasurer  of  the  ^nt^To'lsued,' 

State,  for  all  State  taxes,  now  due  or  which  mav  hereafter  receivable  for 

'  '  *^  state  taxes. 

become  due. 

Section  Four.  In  case  said  Auditor  of  State  refuses  or  de-  Case  of  refusal 
clines  to  audit  said  accounts  or  expenses,  the  said  Board  of  auditVe  acets! 
Commissioners  shall  issue  their  warrants,  approved  by  the 
President  and  signed  by  the  Secretary  of  this  Convention,  for 
the  same.    Said  warrants,  of  said  Commissioners,  shall,  in  ^^m^ssionersf 
like  manner  as  provided  in  Section  Three  thereof,  be  receiv-  case  is- 

^  ^  sued,  receivable 

able  for  all  State  taxes  now  due,  or  that  may  hereafter  become  for  state  taxes, 
due. 

Passed  February  14th,  1868. 


(  825  ) 


8 


PUBLIC  EESOLUTIONS,  AND  OEDEES,  OF  THE 


PUBLIC  EESOLUTIONS,  AND  ORDERS, 


Passed  by  the  Constitutional  Convention  of  the  State 
OF  Arkansas,  1868. 


[No.  1.] 

Jan.  9, 1868.    A  Resolutiou  recommending  the  removal  of  the  tax  07i  raw 
cotton. 

Hardship  of  tax  Resolved :  That  it  is  the  opinion  of  the  members  of  this 
Convention,  that  the  tax  on  raw  cotton  should  he  removed  ; 
that  it  bears  heavily  on  the  laboring  classes  of  this  State  at  a 
time,  too,  when,  from  the  almost  complete  failure  of  the  crops, 
the  very  means  of  livelihood  of  the  people  would  seem  to  be 

Culture  of  cot-  almost  exhausted;  and  its  continuance  can  only  have  the  effect 

ly'^  proMbittd  ^f  practically  prohibiting  the  culture  of  the  staple  during  the 

thereby.         present  and  succeeding  years. 

Copy  ^of  resolu-  Besolved  :  That  the  Secretary  be  direficted  to  forward  a  copy 
warded  to  Sen-  of  this  resolution  to  the  Senate  of  the  United  States. 

ate  IT.  S. 

Adopted  January  9th,  1868. 


[No.  2.] 

Jan.  17,  1868.   A  Resolutiofi  appointing  Commissioners  to  investigate  the 
affairs  of  the  Little  Rock  and  Fort  Smith  Railroad. 

cZtlsZZ\f  Resolved :  That  Thomas  M.  Bowen,  W.  C.  Adams,  and  G. 
lffairs"o7L'f  &  hereby,  appointed  Commissioners  to 

F.  s.  R.  R.      investigate  the  affairs  of  the  Little  Eock  and  Fort  Smith 
Their  powers.    Eailroad,  with  power  to  send  for  persons  and  papers,  compel 
(  826  ) 


AEKAXSAS  COXSTITUTIOXAL  COyVEXTIOX.  156?.  9 


the  attendance  of  witnesses,  kc.  and  report  to  the  next  Legis-  To  report  to 
iature  ot  Aj^kansas. 

Providtd.  That  no  expense  shall  be  incurred  bv  the  State.  Proviso,  re- 

^     .  .  '  spectms  ex- 

bv  reason  of  the  attendance  oi  witnesses,  or  otherwise.  penseto  State. 

Adopted  January  17th,  1S68. 


[No.  3.] 

A  Piesolvfion  hi  reloiion  f.o  tlte  nnod  odjoirrnment  of  tlie  ses-  Jan.  so, 


sioii  OT  tlie  Concerdioi'i, 


Resolced:  That  when  the  Convention  finallv  adioiirns  it  shall  ConventioTa  to 

aajoum  suojec-t 

be  at  the  call  of  the  President,  whose  duty  it  shall  be  to  con-  to  eaii  of  Presi- 
Toke  the  Convention,  in  case  the  Constitution  should  not  be  who'  shau  re- 
ratified,  for  the  purpose  of  taking  such  steps  as  may  be  neces-  ea^-Jjeje'Stion 
sarv.  for  the  formation  of  civil  o-overnment  for  the  State  of  Constitutioii. 


yacaneies  m 
nrention. 


Arkansas.    He  shall  also,  in  that  case,  call  upon  the  proper  Elections  to  fill 
officer  of  the  State  to  cause  elections  to  be  held  to  fill  any  va-  Jo 
cancies  that  may  exist  in  the  Convention. 

Adopted  January  30th.  1868. 


[No.  4.] 

A  Resolution  jjetitioning  Congress  for  continuance  of  the  Feb,  i. 
Freedrnends  Bureau. 

Congress  peti- 

Resoh'td :  That  Congress  is  hereby  petitioned  to  continue  ^j^^^^ 
the  Freedmen"s  Bureau  until  reconstruction  is  accomplished.    men"£  Bureau. 

Adopted  February  1st,  1S68. 

(  827  ) 


10 


PUBLIC  EESOLUTIOJSrS,  AND  OEDEES,  OF  THE 


[No.  5J 

Feb.  5, 1868.    A  Resolution  respeeting  amalgamation  of  the  white  and  col- 


ored 


races. 


Amalgamation      Bcsolved :  That  this  Convention  is  utterly  opposed  to  all 

condemned.  ,  it-  ti  t 

amalo^amation  between  the  white  and  colored  races,  whether 


Gen.  Assembly  the  samc  is  Icdtimate  or  illegitimate.    We  would  therefore 

recommended  ^ 

to  enact  laws  recommeiid  that  the  next  General  Assembly  enact  such  laws 

governing    the  i3?    j.     n  -i 

same.  may  etrectualiy  govern  the  same. 


Adopted  February  5th,  1868. 


[No.  6.] 

Feb.  iL  1868.  A  Rcsolution  recommending  to  the  General  Assemhly  the 
adoption  of  measures  to  relieve  Judges  Harrell  and 
Hargrove  of  disabilities  imposed  hy  charges  of  impeach- 
ment. 

Preamble  :  Im-  Whereas,  a  body  of  men,  styling  themselves  the  Legislature 
Judges' ^Harre^ii  Arkausas,  asscmblcd  at  the  City  of  Little  Rock,  in  the  years 
and  Hargrove.  ^  J)  iQQQ  1357^  preferred  charges  against  and  attempted 
to  impeach  the  Hon.  Elias  Harrell,  Judge  of  the  Eighth  Judi- 
cial Circuit,  and  also  A.  'N'.  Hargrove,  Judge  of  the  Mnth 
Charges      de-  Judicial  Circuit,  of  this  State  : 

ouTandTound-  wkeveas,  it  is  believed  that  said  charges  are  malicious, 

to  loyalty  "^^^^  and  fouudcd  in  prejudice  to  loyalty: 

Gen.  Assembly     Therefore,  Resolved :  That  it  is  the  sense  of  this  Convention 
[rrTmoTe^^dis-  that  the  ncxt  General  Assembly,  upon  its  assembling,  and 
posed^^^         without  delay,  take  measures  to  relieve  said  Harrell  and  Har- 
grove of  the  disabilities  imposed  by  said  charges. 

Adopted  February  11th,  1868. 

(  828  ) 


ARKANSAS  CONSTITUTIONAL  CONTENTION,  1868.  11 


[No/  7.] 

A  Resolution  appointing  Vice-Presidents  of  the  Convention,  Feb.  ii,  ises. 
and  prescrihing  their  duties^  and  the  order  of  their  pre- 
cedence. 

Resolved:  That  it  is  the  sense  of  this  Convention  that  J.  L.  viee-Presidents 
Hodges,  John  McClure,  Joseph  Brooks,  0.  P.  Snyder,  George  appointed. 
S.  Scott,  and  Walter  "W.  Brashear,  be  made  Vice-Presidents 
of  this  Convention  :  whose  duty  it  shall  be,  in  case  of  the  Pres-  Their  powers 

*'i«T  n  T«         f^^       m        and  duties. 

ident  s  absence,  or  inability  to  pertorm  the  duties  oi  his  otnce, 
to  have  all  the  power  of,  and  discharge  all  the  duties  incum- 
bent upon,  the  President.    Provided,  That  they  shall  take  pre-  Proviso  :  Order 
cedence,  in  the  discharge  of  those  duties,  in  the  order  in  which  p^®^'®^®"^^®' 
their  names  are  here  inserted. 

Adopted  February  11th,  1868. 


11.  1868. 


[No.  8.] 

A  Resolution  prescrihing  the  manner  of  appointment  of  Boards  Feb, 
to  digest  and  arrange  the  laios^  and  to  arrange  a  Code 
of  P^actice^  as  in  the  Constitution  provided. 

Resolved:  That  the  Boards  to  digest  and  arrange  the  laws,  President  of 
and  to  arrange  a  code  of  practice,  as  provided  in  the  Consti-  appS^*^"  the 
tution,  be  appointed  by  the  President  of  the  Convention.*  ?v''stftutes'and 

arrange  Code  of 

Adopted  February  11th,  1868.  Practice. 


*  In  accordance  with  the  provisioDs  of  this  Kesolution,  the  President  of  the  Convention, 
on  Feb.  12th,  1868,  appointed  the  Boards  specified,  as  follows :  To  Revise  and  Re-arrange 
the  Statute  Laws  of  the  State :  Messrs.  O.  P.  Snyder,  John  McClure,  ajid  Ciiflford  Stanley 
Sims.    To  Prejmre  a  Code  of  Practice:  Messrs.  B.  P.  Rice,  James  Hinds,  and  J.  IST.  Sarher. 

(  829  ) 


12 


PUBLIC  EESOLUTIOKS,  AND  OEDEES,  OF  THE 


[No-.  9.] 


Feb.  12, 1868.  Afi  Order  alloiving,  to  the  Stenographic  Reporter  of  the 
Convention^  mileage,  and  compensation  for  time  consumed  in 
travel. 


stenographic  Ordered:  That  the  Stenographic  Reporter,  in  addition  to  his 
celveco^mpensa-  Compensation  for  services  in  reporting  the  debates  and  pro- 
consumed  ^^^n  ce^dings  of  the  Convention,  be  allowed  compensation,  at  his 
travel.  usual  profcssional  rates,  for  the  length  of  time  actually  and 

necessarily  consumed  in  travelling  to  and  from  the  session  of 
Mileage.         the  Convention,  and  mileage,  at  the  rate  of  ten  cents  per  mile, 

for  each  mile  necessarily  travelled. 


Passed  February  12th,  1868. 


[No.  lOJ 

Feb.  12, 1868.  A  Bcsolution  pvoviding  for  the  adjournment,  sine  die,  of  the 
Convention. 

Convention,  if  Resolved:  That  in  case  this  Convention  is  not  called  together 
gether^^^^wit.Mn  by  the  President,  or  one  of  the  Vice-Presidents,  as  contem- 

one  year  from  pj^ted  in  rCSolution  UpOn  adiournmcnt,  passed  by  this  Con- 
adjournment,  to  -"^  IT  J  7    IT  J 

Stand  adjourned  vcutiou  ou  January  81st,  A.D.,  1868,  within  one  year  from 
the  date  of  said  adjournment,  it  shall  stand  adjourned  sine  die. 

Adopted  February  12th,  1868. 


(  830  ) 


AEKAXSAS  COXSTITUTIOXAL  COXTEZS'TIOX.  1S68. 


13 


[No.  11.] 

A  Resolution  jprociding  for  the  case  of  resignation,  death,  or  leb.  12.  ] 


disqualffication,  of  either  of  the   Commissioners  ajj- 

Ijointed  to  codify  and  arrange  the  laics. 

Besohyid :  That  slioiild  any  one  or  more  of  the  Commission-  Vacancies  in 

-i  n-o.-  1  T       1  •  T  Board  of  Codifi- 

ers,  appointed  to  coaity  and  arrange  the  laws.  resigR.  die.  or  cation  of  Stat- 
otherwise  become  disqualilied  to  act,  the  baktnce  of  the  Com-  towfiiied. 
mission  shall  have  power  to  appoint  a  suitable  person,  or  per- 
sons, to  fill  the  Commission. 

Adopted  Tebrtiarv  1 2th.  1868. 


[No.  12.] 


A  Pie-solvfion  providing  for  the  printing  of  tlie  Memorials  Feb.  12.  ises. 
and,  Ordi.iio.nces  of  the  Corccentioru 

Besolved :  That  five  hundred  copies  of  all  memorials  and  -^i^moriais  and 

ordinances  to  be 

ordinances  be  printed  for  the  use  of  the  members  of  this. Con-  printed  for  nse 

of  members. 

vention. 

Adopted  February  12th.  1S68. 


[No.  13.] 

An  Order  providing  for  the  printing,  indexing,  and  distri-  Feb.  1.3.  is6s. 


hut  ion.  of  the  Official  Journal  and  Dehates  of  the  Con- 
vention. 

Ordered:  That  the  Secretar-r  of  this  Convention  superintend  Sec.  of  Conren- 
the  printing  of  the  Official  Journal  and  Debates  of  this  Con-  tlnd  p'rinting  of 
vention ;  and  that  for  his  services  in  copying  said  Journal  and  5^3^^°^^^°^^^' 
Debates,  reading  proof-sheets,  and  distributing  the  volumes.  Compensation. 

(  831  ) 


14 


PUBLIC  EESOLUTIONS,  AND  OEDEES,  OF  THE 


he  be  allowed  such  reasonable  customary  fees  as  the  President 
of  this  Convention  may  award  him  therefor. 
To  employ   a     Ordered:  That  the  Secretary  be  authorized  to  employ  a 
S^eTaml!  ^"^^^  Suitable  person  to  prepare  a  full  index  to  the  Journal  and  De- 
bates, at  the  usual  compensation  for  such  services. 
1000  copies  to     Ordered :  That  one  thousand  copies  of  the  Official  Journal 
dLtr^ution  ^to  ^ud  Dcbatcs  of  this  Convention  be  printed,  and  distributed  to 
state'^^         the  several  Counties  of  this  State  in  the  ratio  of  their  repre- 
sentation in  this  Convention. 
Distribution  of     Ordered:  That  the  Secretary  have  five  copies  of  said  Official 
bers  and  officers  Journal  and  Debates  neatly  bound  for  each  delegate  and  of- 
pubHcH^bmS,  ^^^^      t^^^  Convention,  and  shall  transmit  such  copies  to 
etc.  such  delegates  and  officers,  by  mail,  as  soon  as  practicable ; 

and  that  copies,  similarly  bound,  shall  be  furnished  as  follows : 
to  the  Supreme  Court  Library,  five  copies ;  to  the  office  of 
the  Secretary  of  State,  for  permanent  preservation  and  refer- 
ence, twenty  copies ;  and  to  each  of  the  several  public  libraries 
in  the  United  States,  one  copy  each. 

Passed  February  13th,  1868. 


[No.  14.] 

Feb.  13,  1868.  A  ResolutioTi  allowing  extra  compensation  to  Assistaiit  Sec- 
retaries of  the  Convention, 

Asst.  Secreta-  Resolved:  That  in  consideration  of  the  extraordinary  work 
tTn  dollars Ter  performed  by  Messrs.  H.  St.  John  and  F.  E.  Wright,  Assist- 
eig^ht'"^^^^^  Secretaries,  they  be  paid  ten  dollars  per  day,  instead  of 

eight. 

Adopted  February  13th,  1868. 


(  832  ) 


AEKA^s^SAS  COXSTITUTIOXAL  COXYEXTIOX,  1868. 


15 


MEMORIALS 

^bktsseir  to  %  Congress  of  tlje  ti  S*. 

By  the  Constitutional  Contention  of  the  State  of 
Arkansas,  1868. 

•  * 


[No.  1.] 


To  the  Congress  of  the  United  States,  respecting  the 
Tax  on  Cotton. 

To  the  Honorable  the  Senate  and  the  House  of  Bepreseniatives  of  Jan.  18, 1868. 
the  United  States  : 

The  Constitiitioual  Convention  of  the  State  of  Arkansas 
would  respectfully  represent,  that  the  present  tax  on  raw  cot- 
ton is  greatly  detrimental  to  the  present  and  future  interest 
of  the  people  of  this  State. 

A  large  majority  of  those  engaged  as  laborers  in  the  cul- 
ture of  this,  the  chief  staple  of  the  State,  are  now  destitute, 
and  out  of  employment ;  in  a  great  measure  owing  to  the  fact 
that  the  present  high  tax  renders  its  production  unprofitable. 
The  crop  just  gathered,  has  produced  an  average  price  of 
twelve  cents  per  pound.  Out  of  this,  the  producer  has  to  pay 
between  four  and  five  cents  per  pound,  for  freight,  tax,  com- 
mission, and  storage ;  leaving  a  net  price  of  from  seven  to 
eight  cents  per  pound. 

53  (  833  ) 


16 


MEMOEIALS  ADDEBSSED  TO  COKGEESS  BY  THE 


Should  full  crops  be  raised  every  year,  it  might  be  possible 
to  grow  the  cotton,  pay  the  tax,  and  still  leave  the  producer  a 
small  profit;  but  it  must  be  recollected  that,  three  years  out  of 
five,  barely  half  a  crop  is  made,  though  of  course  the  neces- 
sary expenses  are  always  the  same. 

It  may  be  argued  that  the  present  price  equals  that  received 
before  the  war;  but  we  must  recollect  that  now,  the  price  of 
labor,  provisions,  and  clothing,  are  nearly  one  hundred  per 
cent,  higher  than  before  the  war. 

We  can  but  express  our  firm  conviction  that  unless  the  tax 
is  removed,  the  culture  of  cotton  will  necessarily  cease.  ITo 
one  will  willingly  enter  into  a  business  in  which  the  tax  ex- 
hausts all  the  margin  which  is  left,  over  the  cost  of  produc- 
tion. And  therefore  we  would  respectfully  and  urgently  ask 
for  the  immediate  removal  of  this  burden.  * 

Unanimously  Adopted  January  18th,  1868. 


[No.  2.] 

To  the  Congress  of  the  United  States,  for  an  appropria- 
tion of  money  for  improving  the  Arkansas  River,  from  its 
mouth  to  Fort  Smith. 

Jan.  24,  1868.    To  the  HonovahU^  the  Senate  and  House  of  Representatives^  in  Con- 
gress  assembled  : 

Your  memorialists,  the  Constitutional  Convention  of  the 
State  of  Arkansas,  respectfully  represent  that  the  Arkansas 
.  River,  during  the  season  of  low  water,  is  so  obstructed  by 
snags  and  sand-bars,  as  to  render  the  navigation  difficult  and 
hazardous ;  but  that  by  the  appropriation  and  proper  outlay  of 
a  small  sum  of  money,  the  said  river,  between  the  points  desig- 
nated, could  be  rendered  navigable  during  the  entire  season, 
and  would  open  a  thoroughfare  of  inland  communication  to  a 


AEKAXSAS  COXSTITrTIOXAL  COXVEyTIOX.  1S6S.  17 


rich  ao'ricultural  district,  facilitate  the  transportation  of  the  Jan.  24.  ises. 
mails,  and  a-fijprd^to  the  settlements  embraced  in  the  country 
tributary  to  the  Arkansas,  the  speedy  development  of  the  vari- 
ous resotirces  of  that  section  of  the  country,  abounding  in 
lumber,  agricultural,  and  mineral  wealth,  besides  affording 
facilities  for  reaching  the  trade  and  exchange  of  the  Indian 
country  west,  and  affording  to  the  Government  a  more  speedy 
access  to  that  region. 

Tour  memorialists,  therefore,  ask  that  an  appropriation  of 
one  hundred  thousand  dollars  flOO.OOOi  be  made  for  the  im- 
provement of  said  river.  And  your  memorialists  will  ever 
pray. 

Adopted  January  24th,  1868. 


[No.  3.] 


To  the  Congress  of  the  United  States,  asking  for  the 
amendment  of  the  Bankrupt  Laws. 

To  the  Honorahle,  the  Seno.te  and.  House  of  Representatives  of  the  jan.  25.  1868. 
United  States^  in  Congress  assenihUd : 

The  Constitutional  Convention  of  the  State  of  Arkansas 
would  respectfully  represent,  that  there  are  a  large  number  of 
citizens  of  the  State  who  are  unable  to  avail  themselves  of  the 
benefits  of  the  General  Bankrupt  Act,'''  for  the  reason  of  the 
expenses  attendant  on  obtaining  the  same.  Your  memorial- 
ists would,  therefore,  ask  that  the  general  Bankrupt  Law  be 
so  amended  as  to  provide,  in  cases  where  there  are  no  assets, 
that  the  person  desiring  to  avail  himself  of  the  benefits  thereof, 
may  go  before  the  Clerk,  or  other  proper  officer,  and,  having 
rendered  his  schedule,  be  relieved  from  all  debts  and  liabilities, 
without  further  cost  or  expenses. 

Adopted  January  2.5th,  1868. 

(  835  ) 


18 


MEMORIALS  ADDEESSED  TO  CONGEESS  BY  THE 


[No.  4.] 


To  the  Congress  of  the  United  States,  for  the  rebuild- 
ing of  Levees  on  the  Mississippi  and  Arkansas  Eivers. 

Jan.  31, 1868.  To  the  Honovable,  the  Senate  and  House  of  Hepresentatwes,  in  Con- 
~~  gress  assembled : 

Your  memorialists,  the  Constitutional  Convention  of  the 
State  of  Arkansas,  respectfully  represent  that  the  Misissippi 
and  Arkansas  Eivers,  during  the  season,  inundate  the  lands 
along  their  course,  rendering  a  vast  extent  of  country  almost 
entirely  useless  and  valueless  for  purposes  of  agriculture,  but 
which,  otherwise,  would  be  as  productive  as  any  lands  in  the 
world. 

That  by  the  appropriation  and  proper  outlay  of  three  mil- 
lion nine  hundred  thousand  dollars,  the  levees  along  the 
Mississippi  and  Arkansas  Rivers,  in  the  States  of  Arkansas, 
Mississippi,  and  Louisiana,  could  be  rebuilt ;  thus  effectually 
preventing  inundation,  and  rendering  valuable,  and  susceptible 
of  cultivation,  the  entire  region  lying  along  the  same. 

The  cotton  crop  of  1860,  grown  in  that  portion  of  the  allu- 
vial region  above  the  mouth  of  Eed  River,  and  where  it  is 
proposed  to  make  the  repairs,  exceeded  six  hundred  thousand 
bales,  which,  at  the  present  average  price,  would  produce 
thirty  million  dollars. 

The  sugar  crop  of  1860,  grown  in  that  portion  of  the  allu- 
vial region  below  the  mouth  of  the  Eed  Eiver,  and  where  it 
is  proposed  to  make  the  repairs,  amounted  to  two  hundred 
and  forty  thousand  hogsheads,  with  the  addition  of  three  hun- 
dred and  seventeen  thousand  barrels  of  molasses,  which,  at 
present  prices,  would  produce  fifty  million  dollars.  A  tax 
of  twenty-five  cents  per  acre  on  the  lauds  to  be  benefited  by 
the  proposed  levees,  would,  it  is  estimated,  pay  the  incurred 
expense,  and  the  future  value  of  the  property  be  quadrupled. 

(  836  ) 


AEKAXSAS  COXSTITUTIO^^'AL  CONYENTIOIS',  1868. 


19 


The  tax  could,  to  render  it  secure,  be  declared  a  preferred  J^n.  31,  ises. 
lien  on  all  property  on  which  it  might  be  levied. 

Your  memorialists  would  further  represent  that  thousands 
of  laborers  are  now  needing  employment,  and  that  their  labor 
could  be  used  in  this  work  with  great  advantage  to  the  coun- 
try ;  though  nothing  but  National  co-operation  could  accom- 
plish it. 

Your  memorialists  therefore  ask  that  an  appropriation  of 
three  million  nine  hundred  thousand  dollars  may  be  made  for 
the  rebuilding  of  the  levees  in  the  States  of  Arkansas,  Missis- 
sippi, and  Louisiana. 

Adopted  January  31st,  1868. 


[No.  5.] 


To  the  Congress  of  the  United  States^  for  the  public 
sale  of  the  Hot  Spring  Reservation,  in  the  State  of  Ar- 
kansas. 

To  the  Honorable^  the  Senate  and  House  of  Representatives  of  the  Feb.  6, 1868. 
United  States,  in  Congress  assembled  : 

Your  memorialists,  the  Constitutional  Convention  of  the 
State  of  Arkansas,  respectfully  represent,  that  the  public  reser- 
vation known  as  the  Hot  Spring  Reservation,  comprising  all 
that  portion  of  the  public  domain  situated  in  Sec.  28,  29,  32, 
33,  in  Township  2,  south:  and  4  and  5,  in  Township  3,  south  of 
Range  19,  west,  in  the  State  of  Arkansas,  is  now  held  and  oc- 
cupied VTithout  color  of  title,  by  various  persons,  whose  claims 
have  never  been  acknowledged  by  the  United  States  Govern- 
ment.   That  the  public  interest,  and  humanity,  require  that 

(  837  ) 


20 


MEMOEIALS  ADDEESSED  TO  OONGEESS. 


Feb.  6,  1868.  gaid  Springs  be  made  available  for  public  use ;  and  the  wel- 
fare and  settlement  of  the  State  is  in  a  great  measure  depen- 
dent upon  it.  We  would,  therefore,  ask  that  the  same  be  sold, 
under  the  direction  of  the  Secretary  of  the  Interior,  to  the 
highest  bidder  or  bidders,  for  cash,  after  having  been  laid  out 
into  streets,  blocks,  and  lots  or  parcels  of  ground,  of  such  form 
and  area  as  will  best  facilitate  the  construction  of  a  town. 

That  the  proceeds  arising  from  the  sale  of  the  same,  be 
invested  in  United  States  securities,  and  held  in  trust  until 
otherwise  provided  by  law ;  and  that  the  accruing  interest 
upon  said  securities  be  applied  to  the  Common-School  Fund 
for  the  education  of  all  the  children  of  the  State.  And  your 
memorialists  will  ever  pray. 

Adopted  February  6th,  1868. 


(  838  ) 


4 

INDEX 

TO  THE 

FOREGOING  ORDINANCES,  PUBLIC  RESOLUTIONS,  AND 
MEMORIALS,  OF  THE  CONSTITUTIONAL 
CONVENTION  OF  ARKANSAS,  1868. 

 ■  t 

[Note. — In  this  Index,  the  references  are  to  the  numbers  at  top  of  the  pages  containing 
the  Ordinances,  Eesohitions,  and  Memorials.  The  abbreviations  "Ord.,"  "Ees.,"  and 
"Mem.,"  respectively,  signify  Ordinance,  Eesolution  (or  Order),  and  Memorial.] 


A. 

Doc.     No.  Page 

Accounts  of  Commissioners  of  Election  Ord     8  7 

for  expenses  under  Schedule  Ord     8  7 

Adams,  W.  C,  appointed  one  of  the  Commissioners  to  investi- 
gate affairs  of  Little  Rock  and  Ft.  Smith  R.  R.  .    .     Res      2  8 
Adjournment  of  Convention,  subject  to  call  of  the  President .    .     Res      3  9 
to  be  sine  die,  if  Convention  not  convoked  within  one 

year  *  .    .     Res    10  12 

Amalgamation  between  white  and  colored  races,  Resolution  in 

reprobation  of  Res      5  10 

General  Assembly  recommended  to  enact  laws  effect- 
ually governing  Res      5  10 

Appropriation  for  per  diem  and  mileage  of  members,  and  other 

expenses  of  Convention  Ord     1  1 

for  expenses  of  Convention,— Accounts  of  Commis- 
sioners of  Election,  and  expenses  under  Schedule, 

to  be  paid  from  Ord     8  7 

Arkansas  River,  navigation  of,  Memorial  to  Congress  for  ap- 
propriation to  improve  T     Mem    2  16 

Memorial  to  Congress  for  rebuilding  levees  on     .    .     Mem    4  18 
Auditor  of  the  State,  on  certificate  of  Secretary,  countersigned 
by  President  of  Convention,  to  draw  warrants  for 
per  diem  and  mileage  of  members,  and  other  neces-  -j 
sary  expenses  of  reconstruction  )■  q^,^      ^  g 

(  839  ) 


22 


INDEX  TO  OEDHSTAI^CES,  ETC. 


Doc.   No.  Page 

Auditor  of  the  State  to  make  apportionment  among  the  differ- 
ent counties  of  tax  levied  for  defraying  expenses  of 
Convention   Ord     3  3 

to  issue  warrant  on  Treasurer  for  accounts  of  Com- 
missioners of  Election,  and  expenses  under 
Schedule   Ord     8  7 

Warrants  of,  issued  for  accounts  of  Commissioners 
of  Election,  and  expenses  under  Schedule,  re- 
ceivable for  State  taxes  Ord     8  7 

In  case  of  refusal  of,  to  audit  accounts  of  Commis- 
sioners or  expenses  under  Schedule,  Commissioners 
to  issue  warrants   Ord     8  7 

B. 

,  Ballot  at  election  under  Act  of  Congress,  for  ratification,  Style  of     Ord     5  5 
Secrecy  of,  to  be  preserved  inviolate   .......     Ord     5  5 

'  not  to  be  marked  or  defaced  by  any  election  officer  .     Ord     5  5 

Bankrupt  Laws,  Memorial  to  Congress,  asking  for  amend- 
ment of  Mem    3  17 

Boards  of  Commissioners — see  Commissioners. 

Boards  to  codify  Statutes  and  arrange  Code  of  Practice,  Presi- 
dent of  Convention  to  appoint  Ees      8  11 

Board  to  codify  and  re-arrange  the  laws,  vacancies  in,  to  be 

filled  by  the  other  members  of  Board  .....     Ees    11  13 

Bowen,  Thomas  M.,  appointed  one  of  the  Commissioners  to 
investigate  affairs  of  Little  Bock  and  Fort  Smith 
E.  E  Ees     2  8 

Brashear,  Walter  W.,  appointed  one  of  the  Yice-Presidents  of 

Convention.    (See  President  of  Convention.)     .    .     Ees      7  11 

Brooks,  Joseph,  appointed  one  of  the  Yice-Presidents  of  Con- 
vention ................     Ees     7  11 


C. 

Certificates — see  President  of  Convention,  and  Secretary  of  Convention. 

Chaplain  to  the  Convention,  Compensation  and  mileage  of    .     Ord     4  4 

Code  of  Practice,  Board  to  .  arrange.  President  of  Convention 

to  appoint   Ees      8  11 

Codification  of  Statutes,  Board  of  Commissioners  of,  President 

of  Convention  to  appoint  Ees      8  11 

Collection  of  tax, — see  Tax. 

Collectors  of  tax^  to  receive  for  State  taxes,  warrants  of 
Treasurer,  issued  under  Ordinance  raising  revenue 

for  defraying  expenses  of  Convention  Ord     3  3 

to  receive  for  State  taxes,  Auditor's  warrants,  issued 
for  accounts  of  Commissioners  of  Election  and  ex- 
penses under  Schedule    ..........     Ord     8  7 

(  840  ) 


IXDEX  TO  OEDIXAyCES.  ETC. 


23 


Doc.    Zso.  Pag-e 

Commissioners  of  Ekction  to  designate  times  and  pi^aces  of 
election,  tinder  Ordinance,  for  ratification  of  Con- 


Urd 

5 

c 

0 

Accounts  of.  and  expenses  in  carrying  out  provisions 

Ura 

8 

7 

^0  issue  warrants  on  Treasurer,  in  case  of  refusal  of 

Ura 

o 

b 

Warrants  of.  issued  for  their  accounts,  or  for  ex- 

jJcLt^t^^  UilUci  oL  UtrLLLliC.  ill  Ld^jc  UI  rc^IU^di  UI  -dLlICLiLUi 

lu  auQii  ine  s^anie;  receivauie  loi  otaie  laxes 

_ 

Commissioners  to  investigate  affairs  of  Tittle  Eock  and  Eort 

Ees 

2 

8 

Lonunon-bcn.ool  ±ana,  Congi^ess  memoriaiized  to  apply  pro- 

ceeds of  proposed  sale  of  Hot  Springs  to  ... 

31  em 

5 

20 

Cow.penso.tion  of  members  of  Convention.  Ordinance  making 

Ord 

1 

1  ^ 

for  public  printing,  Eates  of  

Ord 

2 

•9 

of  Eresident.  members,  and  officers,  of  Convention  .  "> 

3 

Ord 

4 

l-i 

iXes 

Q 

ui  oecieiaiv  oi  v^onveniion  lui  ^^uijerinienciing  piini- 

P  ^- 
ries 

lo 

lo 

of  Assistant  Secretaries  of  Convention  to  be  ten  dol- 

lies 

1-1 

14: 

Lo/i.y/t'^b  peiiLiuntu  lo  coniinue  xieciimen     jjuiedu.  iinLii  dc- 

V>  Cl- 

iACs 

'  i 

Q 

JtlemoTio.ls  to — Seethe  list  of  [Memorials,  prefixed. 

Constitution.  Ordinance  providing  for  election  for  ratification  of 

UrcL 

0 

ratification  of.  Voter  registered  under  Eeconstruc- 

tion  Acts  may  vote  on.  at  election  under  Ordi- 

nance, in  any  county  where  he  may  be  at  the  time 

Ord 

5 

5 

Notice  of  submission  of.  to  the  people.  Ordinance  pro- 

Ura 

7 

D 

Loncent'.on.  :^eventy-tive  tnuusand  dollars  appropriated  to  pay 

per  diem  and  mileage  ot  delegates  to  the.  etc.  . 

r\  A 

Ord 

1 

1 

John  G.  Erice  appointed  Public  Erinter  to  the 

Ura 

o 

♦expanses  of  Ordinance  raising  revenue  for  defray- 

Ura 

Q 

D 

o 
o 

Compensation  and  mileage  ot  members  and  onicers  ot 

r\  A 

Ord 

4 

to  adjouim  subject  to  call  of  Eresident  

Ees 

3 

9 

to  be  convoked  in  case  of  rejection  of  Constitution  . 

Ees 

3 

9 

Ees 

3 

9 

/ 

11 

if  not  convoked  within  one  year  from  adjournment. 

to  stand  adjourned  sine  die  

Ees 

10 

12 

Memorials  and  Ordinances  of.  to  be  printed  for  use 

Ees 

12 

13 

(  611  ) 


24: 


INDEX  TO  OEDINANCES,  ETC. 


Doc.    No.  Page 

Convention^  Members  of,  to  receive  five  copies,  each  of  Journal 

and  Debates   Ees    13  14 

Cotton-cro'p  of  1860,  grown  in  alluvial  region  above  mouth  of 

Eed  Eiver,  Amount  and  value  of   Mem    4  18 

Cotton-culture  rendered  unprofitable  by  tax  on  raw  cotton  .    .  Mem    1  15 

Estimate  of  expenses  and  receipts  in   Merc^    1  15 

Persons  engaged  in,  in  destitute  condition  ....  Mem    1  15 

must  cease,  if  tax  not  removed   Mem    1  16 

Cotton^  Haw,  Tax  on,  Eesolution  recommending  removal  of  .  Ees      1  8 

declared  to  bear  heavily  on  the  laboring  classes  .    .  Ees      1  8 

produces  practical  prohibition  of  cotton-culture  .    .  |  J  lg 

declared  detrimental  to  interests  of  people  ....      Mem    1  15 

D. 

Debates  of  Convention, — see  Jouryials  and  Debates. 

Digest  of  the  laws,  Board  to  prepare,  President  of  Convention 

to  appoint  Ees      8  11 

DoorA'eeperawc?As<s'^Z>oor/(;eeper<sof  Convention,  Compensation  of     Ord     4  4 

E. 

Election,  under  Reconstruction  Act  of  Congress,  for  ratification  of 

Constitution,  Ordinances  providing  for     ....  Ord  5  5 
Election,  Commissioners  of  the, — see  Commissioners. 

Election  to  fill  vacancies  in  Convention    *.                             .  Ees  3  9 

notice  of,  Ordinance  providing  for   Ord  7  6 

Expenses  of  Convention,  Ordinance  making  appropriations  for  Ord  1  1 

►    *        Ordinance  raising  revenue  for  defraying  the    .    .    .  Ord  3  3 

Tax  of  i  per  cent,  levied  to  defray  the   Ord  3  3 

Expenses  of  Reconstruction  in  Arkansas,  Ordinance  making  ap- 
propriation for                                                  .  Ord  1  1 

Tax  of  i  per  cent,  levied  to  defray  the   Ord   .  3  3 

President  and  Secretary  of  Convention  to  certify     .  Ord  3  3 

out  of  what  funds  payable   Ord  3  .3 

F. 

Freedmen's  Bureau,  Eesolution  petitioning  Congress  for  contin-  * 

nance  of,  until  accomplishment  of  reconstruction    ,      Ees      4  9 

G. 

General  Assembly  recommended  to  enact  laws  governing  amal- 
gamation  Ees      5  10 

recommended  to  relieve  Judges  Harrell  and  Har- 
grove of  disabilities  imposed  .  Ees     6  10 

First,  Commissioners  to  investigate  afi'airs  of  Lit- 
tle Eock  and  Ft.  Smith  E.  E.,  to  report  to  .    .    .     Ees     2  8 


(  842  ) 


IXDEX  TO  OEDIXAXCES.  ETC. 


25 


H. 

Doc.     Xo.  Pa&e 

Kargrove.  Son.  A.  X..  Resolution  concerning  impeachment  of.  Ees      6  10 

HarrelL  Son.  Ellas,  Eesolution  concerning  impeachment  of.  .  Ees  6  I'J 
Sjf  Spring  Reservation.  Z\Iemorial  to  Congress,  asking  for 

public  sale  of   3Iem    5  19 

Sodges,  J.  L..  appointed  one  of  the  Tice-Presiclents  of  Con- 
vention   EeS      7  11 

I. 

Tni.peachment—See  Sargrove.  Son.  A.  X..  and  S.rrreU.  Son.  Elias. 

J// 6?^:/:  to  Joitrnals  and  Debates  of  Convention  Ees    13  14 

J. 

Journa.l  and  Behates  of  Convention.  Printing.  Indexing,  and 

distribution  of  Ees     13  14 

Secretary  of  Convention  to  superintend  printing  of  .      Ees    13  13 

L. 

Laics  governing  amalgamation.  General  Assembly  recom- 
mended to  enact  Ees      5  10 

Bankrupt.  3Iemorial  asking  for  amendment  of    .    .      ]\Iem    3*  17 
Board  to  digest  and  arrange  the.  President  of  Con- 
vention to  appoint  ,  Ees      8  11 

Legislature, — See  General  Assembly. 

Levees  on  Mississippi  and  Arkansas  Rivers.  ^lemorial  to  Con- 
gress for  rebuilding  of  ]Mem    4  18 

Levy  of  tax, — see  Tax. 

Libraries,  Public  of  17.  S..  to  receive  copies  of  Jotirnal  and  De- 
bates of  Convention  Ees    13  14 

Library  of  Supreme  Court  to  receive  five  copies  of  Journal 

and  Debates  of  Convention  Ees    13  14 

Little  River  County  attached  to  Sixth  Judicial  Circuit   ,    .    .      Ord     6  6 
Eocky  Comfort  declared  County-seat  of  Ord     6  6 

Little  Rock  and  Ft.  Smith  R.  R.,  Commissioners  appointed  to 

investigate  affairs  of  Ees      2  8 

3IcClure,  John,  appointed  one  of  the  Vice-Presidents  of  Con- 
vention   Ees      7  11 

Jlemorials,  Five  hundred  copies  of.  to  be  printed  for  use  of 

members   Ees    12  13 

Mileage  of  delegates  to  Convention.  Appropriation  for  .    .    .  Ord      1  1 

of  members  of  Convention.  Ordinance  providing  for  Ord     4  4 

of  Chaplain  to  Convention   Ord     4  4 

Stenographic  Eeporter  to  receive   Ees      9  12 

Miscegenation — see  Amalgaviation. 

(  ) 


26 


INDEX  TO  OEDmANCES,  ETC. 


Doc.     No.  Page 

Mississippi  River,  Memorial  to  Congress  for  rebuilding  of  levees 

on,  in  States  of  Arkansas,  Mississippi,  and  Louisiana     Mem    4  18 

Molasses  manufactured  in  1860,  in  alluvial  region  below  mouth 

of  Eed  Eiver,  Quantity  of   Mem    4  18 

N. 

• 

JSfavigation  of  Arkansas  Eiver,  Memorial  to  Congress  asking 

appropriation  for  improvement  of  Mem    2  16 

Newspapers,  of  the  State,  copies  of  notice  of  time  of  submission 
of  Constitution  to  the  people,  to  be  furnished  to  all, 
and  published  therein    .  '  Ord     7  6 

Notice  of  submission  of  Constitution  to  the  people,  Ordinance 

providing  for    .   Ord      7  6 

O. 

Officers  of  Convention,  Compensation  of  .......  . 

State  and  County,  not  to  be  voted  for  at  election  under 
Act  of  Congress,  for  ratification     .    .    .    .    .  . 

of  Convention  to  receive  five  copies,  each,  of  Journal 

and  Debates  

Ordinances,  Five  hundred  copies  of,  to  be  printed  for  use  of 
members  


Fay,  see  Compensation. 

Per  diem  of  members  of  Convention,  Ordinance  making  appro- 
priations for  

See  Compensation. 

Postmaster  for  Convention,  Compensation  of  

President  of  Convention,  to  countersign  certificates  of  Secretary 
for  per  diem  and  mileage  of  members  of  Convention, 
and  other  necessary  expenses  of  reconstruction  . 

to  certify  aceouiits  for  expenses  of  reconstruction  . 

Compensation  and  mileage  of  

to  give  notice  of  time  of  submission  of  Constitution  to 
the  people  

to  certify  accounts  of  Commissioners  of  Election,  and 
expenses  under  Schedule  

to  approve  warrants  of  Commissioners  of  Election, 
issued,  for  their  ^  accounts,  and  expenses  under 
Schedule,  in  case  of  refusal  of  Auditor  to  audit  the 
same  

Convention  to  adjourn  subject  to  call  of  the    .    .  . 

to  convoke  Convention  in  case  of  rejection  of  Consti- 
tution  

(  844  ) 


Ord 

4 

4 

Ord 

5 

5 

Ees 

13 

14 

Ees 

12 

13 

Ord 

4 

4 

Ord 

1 

1 

Ord 

4 

4 

Ord 

1 

1 

Ord 

3 

3 

Ord 

4 

4 

Or^ 

7 

6 

Ord 

8 

7 

Ord 

8 

7 

Ees 

3 

9 

Ees 

3 

9 

INDEX  TO  ORDINANCES,  ETC. 


27 


President  of  Convention  in  case  of  rejection  of  Constitution,  to 
call  upon  proper  officer  of  the  State  to  cause  elec- 
tions to  be  held  for  filling  vacancies  in  Convention 
to  appoint  Boards  to  codify  Statutes  and  arrange 

Code  of  Practice  

In  case  of  absence  or  inability  of,  Yice-Presidents  to 

enjoy  powers  and  discharge  duties  of  

to  award  Secretary  his  compensation  for  services  in 
superintending  printing  of  Journal  and  Debates,etc. 
Pnce,  John  (x.,  declared  Public  Printer  of  Convention,  and  for 

the  State  

Printer^  Public,  Ordinance  declaring  a  

Printing,  Public,  Rates  of  compensation  for  

Printing  of  laws,  journals,  and  other  proceedings,  and  legal  ad- 
vertisements, by  law  made  duty  of  State  Printer, 

to  be  transferred  to  John  G-.  Price  

of  Memorials  and  Ordinances  for  use  of  members,  pro- 
vided for  

of  Journal  and  Debates  of  Convention  

Proceedings  of  Convention — see  Journal  and  Debates. 

R. 

Railroad,  Little  Rock  and  Ft.  Smith,  Commissioners  appointed 


to  investigate  aifairs  of  Res     2  8 

Ratification  of  Constitution,  at  election  held  under  Reconstruc- 
tion Acts,  Ordinance  providing  for  Ord     5  5 

Voter  registered  under  Reconstruction  Acts  may  vote 
on,  at  election  under  Ordinance,  in  any  county 

where  he  may  be  at  the  time  Ord     5  5 

Style  of  ballot  at  election   Ord     5  5 

notice  of  submission  of  Constitution  for,  Ordinance 

providing  for  Ord     7  6 

Reconstruction  in  Arkansas, — see  Expenses  of  Reconstruction. 

Report  of  Proceedings  of  Convention— ^qq  Journal  and  Debates  . 

Reporter,  Stenographic,  Resolution  allowing  mileage  and  com- 
pensation for  time  consumed  in  travel,  to    .    .    .      Res     9  12 

Revenue  fp*  defraying  expenses  of  Convention,  Ordinance 

raising    .  Ord     3  3 

Rocky  Comfort  declared  County-seat  of  Little  River  County  .     Ord     6  6 

S. 

St.  John,  Henry,  Assistant  Secretary  of  Convention,  to  be  paid 

ten  dollars  per  day,  instead  of  eight  Res    14  14 

Schedule,  Expenses  under.  Ordinance  to  defray  Ord     8  7 

School  Fund,  Congress  memorialized  to  apply  proceeds  of  pro- 
posed sale  of  Hot  Springs  to  Mem    5  20 

(  845  ) 


Doc.    No.  Pagb 


Res 

3 

9 

Res 

7 

11 

Res 

7 

11 

Res 

13 

13 

Urd 

o 

z 

Z 

Ord 

2 

2 

Ord 

2 

2 

Ord 

2 

2 

Res 

12 

13 

Res 

13 

13 

28 


INDEX  TO  OEDmANCES,  ETC. 


Scott^  George  S.,  appointed  one  of  the  Vice-Presidents  of  the 

Convention  

See  Expenses. 

Secretaries^  Assistant,  of  Convention,  Compensation  of   .    .  . 

Secretary  of  Convention  to  certify  accounts  for  per  diem  and 
mileage  of  members  of  Convention,  and  other  ne- 
cessary expenses  of  reconstruction  

to  notify  State  and  County  officials  of  passage  of 
Ordinance  declaring  John  G.  Price  Public  Printer 
to  certify  accounts  for  expenses  of  reconstruction  . 
to  sign  President's  certificates  of  accounts  of  Commis- 
sioners of  Election,  and  expenses  under  Schedule 
to  sign  warrants  of  Commissioners  of  Election,  for 
their  accounts  and  expenses  under  Schedule,  issued 
in  case  of  refusal  of  Auditor  to  audit  the  same 
to  forward  to  Senate  U.  S.,  copy  of  Eesolution  recom- 
mending removal  of  tax  on  raw  cotton  .... 
to  superintend  printing  of  Journal  and  Debates  .  . 
to  receive,  for  superintending  printing  of  Journal 
and  Debates,  such  customary  fees  as  President  of 

Convention  may  award  him  

to  employ  suitable  person  to  index  Journal  and  De- 
bates  

to  transmit  copies  of  Journal  and  Debates  to  mem- 
bers of  Convention^  public  libraries,  etc  

Secretary  of  State,  Twenty  copies  of  Journal  and  Debates  of 
Convention  to  be  furnished  to  office  of,  for  perma- 
nent preservation  

Senate  of  United  States,  Secretary  to  forward  copy  of  resolution 
recommending  removal  of  ta:2#on  raw  cotton^  to  . 
Sergeant-at-Arms,  Assistant  Sergeant-at-Arms  of  Convention, 

Compensation  of .  .  

Sheriffs  to  receive,  for  State  taxes,  Auditor's  warrants,  issued 
for  accounts  of  Commissioners  of  Election,  and 

expenses  under  Schedule  

Smith,  G.  W.,  appointed  one  of  the  Commissioners  to  investi- 
gate affairs  of  Little  Eock  and  Port  Smith  E.  K.  . 
Snyder,  0.  P.,  appointed  one  of  the  Yice-Presidents  of  Con- 
vention  . 

State  Printer, — see  Printer. 

Statutes,  Board  to  codify.  President  of  Convention  to  appoint 

Stenographic  Beporter, — see  Reporter,  Stenographic. 

Submission  of  Constitution  to  the  people,  Ordinance  provid- 
ing for  

Sugar-crop  of  1860,  grown  in  alluvial  region  below  mouth  of 
Eed  Eiver,  Amount  and  value  of    .....  . 

(  846  ) 


Doc. 

No.  Page 

Ees 

7 

11 

Ord 

4 

4 

Ees 

14 

14 

Ord 

1 

1 

Ord 

2 

2 

Ord 

3 

3 

Ord 

8 

7 

Ord 

8 

7 

Ees 

1 

8 

Ees 

13 

13 

Ees 

13 

13 

Ees 

13 

14 

Ees 

14 

Ees 

13 

14 

Ees 

1 

8 

Ord 

4 

4 

Ord 

8 

7 

Ee# 

2 

8 

Ees 

7 

11 

Ees 

8 

11 

Ord 

5 

5 

Mem 

4 

18 

IXDEX  TO  OEDIXAXCES.  ETC. 


29 


Doc.     yo.  Pa&e 

Tax  on  ran:  coti-jn.  Copy  of  Eesoliition  concerning,  to  be  for- 
warded to  Senate  17.  S  Ees      L  S 

Tax  for  defraying  expenses  of  reconstruction  Ord     3  8 

on  raw  cotton.  Eesoliition  recommending  removal  of     Ees      1  8 

on  raw  cotton,  declared  to  bear  lacavily  on  the  labor- 
ing classes  Ees      1  8 

on  raw  cotton.  Eli'ect  of  on  the  ctilttire  Ees      1  8 

on  raw  cotton.  Alernorial  to  Congress,  asking  re- 
moval of  3Iem    1  1.3 

on  raw  cotton,  declared  detrimental  to  interests  of 
people  Alern    1  Lo 

of  25  cents  per  acre,  on  lands  to  be  benefited,  esti- 
mated to  pay  expense  of  rebuilding  levees  .    .    .      ]\Iem    4  IS 
Taxes,  State.  Warrants  of  Treasurer  issued  under  Ordinance 
raising  reventie  for  defraying  expenses  of  Conven- 
tion, receivable  for  .Ord      3  3 

State.  Auditor's  warrant,  isstied  for  accounts  of  Com- 
missioners of  Election,  and  expenses  under  Sclied- 
ule.  receivable  for  Ord     S  7 

State.  "Warrants  of  Commissioners  of  Election,  isstied 
for  their  accounts  and  expenses  under  Schedule, 
in  case  of  refusal  of  Auditor  to  audit  the  same,  re- 
ceivable for  Ord      5  7 

Treasur'-yr  of  tl\o  State.  Auditor  to  draw  warrant  on.  for  per 
diem  and  mEeage  of  members  of  Convention,  and 
other  necessary  expenses  of  reconstruction  .    ,    .      Ordi  ,1  1 

upon  presentation  of  Auditor's  warrant,  to  pay 
per  diem  and  mileage  of  delegates  to  Convention, 
or  other  necessary  expenses  of  reconstruction,  out 
of  any  money  in  the  Treasury  .January  ISth.  1868, 
not  otherwise  appropriated  by  law  Ord      1  1 

on  receipt  of  Auditor's  warrant,  to  issue  certificate 

for  payment  of  expenses  of  reconstruction   .    .    .      Ord     3  S 

Warrants  ofi  issued  under  Ordinance  raising  revenue 
for  defraying  expenses  of  Convention,  receivable 
for  State  taxes   Ord      3  3 

Auditor  to  issue  warrant  on.  for  accounts  of  Commis- 
sioners of  Election  and  expenses  under  Schedule  .      Ord     8  7 

to  pay  expenses  under  Schedule,  from  appropria- 
tion for  expenses  of  Convention  Ord     8  7 

to  receive,  for  State  taxes.  Auditor's  warrants,  issued 
for  accounts  of  Commissioners  of  Election,  and  ex- 
penses under  Schedule  Ord      8  7 

Treasury  of  State.  Seventy-five  thousand  dollars  appropriated 
out  of  the.  for  paying  per  diem  and  mileage  of 
delegates  to  Convention,  and  other  expenses  of  re- 
construction   Ord      1  1 

rS4T  ) 


« 

30  INDEX  TO  OEDmANCES,  ETC. 


Doc.    No.  Page 

Treasury  of  State,  Taxes  levied  to  defray  expenses  of  recon- 

structiorij  to  be  paid  into,  by  June  1,  1869    .    .    .     Ord     3  3 

Y. 

Vacancies  in  Convention,  how  to  be  filled  Ees     3  9 

in  Board  appointed  to  codify  and  arrange  the  laws, 

how  filled  Ees    11  13 

Vice-Presidents  of  Convention  Ees     7  11 

Voter  registered  under  Eeconstruction  Acts  may  vote  on  ratifi- 
cation, at  election  under  Ordinance,  in  any  county 
where  he  may  be  at  the  time  Ord     5  5 

W. 

Warrant,  Auditor  to  draw,  upon  Treasurer,  for  per  diem  and 

mileage  of  members  of  Convention,  etc   Ord     1  1 

Warrant,  Auditor  to  issue,  upon  Treasurer,  for  payment  of  ex- 
penses of  reconstruction  Ord     3  3 

Warrants  of  Treasurer,  issued  under  Ordinance  raising  reve- 
nue for  defraying  expenses  of  Convention,  receiv- 
able for  State  taxes  Ord     3  3 

of  Auditor,  issued  for  accounts  of  Commissioners  of 
Election  and  expenses  under  Schedule,  receivable 

for  State  taxes  Ord     8  7 

of  Commissioners  of  Election,  issued  in  case  of  re- 
fusal of  Auditor  to  audit  their  accounts  and  ex- 
penses under  Schedule,  receivable  for  State  taxes      Ord     8  7 

Witnessed,  Attendance  of,  before  Commissioners  of  Investiga- 
tion of  Little  Eock  and  Fort  Smith  R.  E.    .    .    .     Ees      2  9 

Wright,  F.  E.,  Assistant  Secretary  of  Convention,  to  be  paid 

ten  dollars  per  day,  instead  of  eight    .    .    .    .    ,     Ees    14  14 


(  848  ) 


CONSTITUTION  OF  ARKANSAS. 


54 


THE 


OF  THE 


STATE  OF  ARKANSAS. 


Teamed  and  Adopted  by  the  Convention  which  Assembled  at  Little 
KocK,  January  7th,  1868,  and  Eatified  by  the  Eegistered 
Electors  of  the  State,  at  the  Election  begin- 
ning March  13th,  1868. 


LITTLE  EOCK: 
John  G.  Price,  State  Printer. 
1  8  6  8. 


I,  John  G.  Price,  Secretary  of  the  Constitutional  Convention  of  the  State 
of  Arkansas,  do  hereby  certify  that  the  annexed  is  a  correct  copy  of  the  Con- 
stitution framed  and  adopted  by  the  said  Convention,  on  the  eleventh  day  of 
February,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
eight. 

®  ite^SS  to|'^n0t  I  hereunto  set  my  name  as  Secretary 
of  the  Convention, '-on  this  twenty-eighth  day  of  February, 
eighteen  hundred  and  sixty-eight. 

JOHN  G.  PEICE, 

Secretary  of  the  Convention. 


In  preparing  this  edition  of  the  Constitution  of  Arkansas,  no  liberties 
whatever  have  been  taken  with  the  text  of  the  original,  now  on  file  in 
the  office  of  the  Secretary  of  State ;  the  punctuation,  orthography,  etc., 
having,  as  is  usual  and  proper  in  the  publication  of  such  instruments, 
been  implicitly  followed,  so  as  to  present  a  copy  exact  in  every  particular. 
Some  clerical  errors  occur  in  the  engrossed  document.  In  a  few  such  in- 
stances, a  superfluous  letter  has  been  enclosed  in  brackets,  an  omission,  or 
other  accidental  error  of  orthography,  corrected  in  parenthesis,  by  the 
Editor. 


CONSTITUTION 

or  THE 

STATE  OF  ARKANSAS. 


Preamble. 

We,  the  iieople  of  the  State  of  Arhansas.  gratef  ul  to  God  for  our  civil 
and  religious  liherty^  and  desiring  to  ijerjjetuate  its  blessings  and  secure 
the  same  to  ourselves  and  our  posterity,  do  ordain  and  establish  this  Con- 
stitution : 

ARTICLE  L 
Bill  of  Rights. 

Section  One.  All  political  power  is  inherent  in  the  people.  Gov- 
ernment is  instituted  for  the  protection,  security  and  benefit  of  the 
people,  and  thej'  have  the  right  to  alter  or  reform  the  same  when- 
ever the  public  good  mav  require  it.  But  the  paramount  allegiance 
of  every  citizen  is  due  to  the  Federal  Government  in  the  exercise  of 
all  its  Constitutional  powers  as  the  same  may  have  been  or  may  be 
defined  by  the  Supreme  Court  of  the  United  States ;  and  no  power 
exists  in  the  people  of  this  or  any  other  State  of  the  Federal  Union 
to  dissolve  their  connection  therewith,  or  perform  any  act  tending 

(  855  ) 


CONSTITUTION  OF  THE  [Art.  1. 


to  impair,  subvert  or  resist  the  supreme  authority  of  the  United 
States. 

The  Constitution  of  the  United  States  confers  full  powers  on  the 
Federal  Government  to  maintain  and  perpetuate  its  existence,  and 
whensoever  any  portion  of  the  States  or  the  people  thereof,  attempt 
to  secede  from  the  Federal  Union,  or  forcibly  resist  the  execution  of 
its  laws,  the  Federal  Government  may,  by  warrant  of  the  Constitu- 
tion employ  armed  force  in  compelling  obedience  to  its  authority. 

Section  Two.  The  liberty  of  the  press  shall  forever  remain  invio- 
late. The  free  communication  of  thoughts  and  opinions  is  one  of 
the  invaluable  rights  of  man,  and  all  persons  may  freely  speak, 
write  and  publish  their  sentiments  on  all  subjects,  being  responsible 
for  the  abuse  of  such  right.  In  all  criminal  prosecutions  for  libel, 
the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall  appear 
to  the  jury,  that  the  matter  charged  as  libelous  is  true,  and  was  pub- 
lished with  good  motives,  and  for  justifiable  ends,  the  party  shall  be 
acquitted. 

Section  Three.  The  equality  of  all  persons  before  the  law  is 
recognized  and  shall  ever  remain  inviolate;  nor  shall  any  citizen 
ever  be  deprived  of  any  right,  privilege,  or  immunity,  nor  exempted 
from  any  burden  or  duty  on  account  of  race,  color,  or  previous  con- 
dition. 

Section  Four.  The  citizens  have  a  right,  in  a  peaceable  manner, 
to  assemble  together  for  their  common  good,  to  instruct  their  repre- 
sentatives and  to  petition  for  the  redress  of  grievances,  and  other 
proper  purposes. 

Section  Five.  The  citizens  of  this  State  shall  have  the  right  to 
keep  and  bear  arms  for  their  common  defense. 

Section  Six.  The  right  of  trial  by  jury  shall  remain  inviolate  and 
shall  extend  to  all  cases  at  law  without  regard  to  the  amount  in 
controversy;  but  a  jury  trial  may  be  waived  by  the  parties  in  all 
cases,  in  the  manner  prescribed  by  law. 

Section  Seven.  Excessive  bail  shall  not  be  required,  nor  shall 
excessive  fines  be  imposed ;  nor  shall  cruel  or  unusual  punishments 
be  inflicted;  nor  witnesses  be  unreasonably  detained. 

(  856  ) 


Art.  1.]  STATE  OF  ARKAXSAS. 

Sectiox  Eight.  In  all  criminal  pro^ecntiLins  tlie  accused  shall 
enjoy  the  right  to  a  speedy  and  public  trial  by  an  impartial  jury  of 
the  county  or  judicial  district  ivherein  the  crime  shall  have  V-een 
committed — which  county  or  district  shall  have  been  previously 
ascertained  tyv  law — and  to  be  informed  of  the  nature  and  cau^e  of 
the  accusation  against  him:  to  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor:  and  to  have  the  assistance  of  coiuisel  in 
his  defense. 

Sectiox  Xixe.  Xo  person  shall  be  held  to  answer  a  criminal  offense 
unless  on  the  presentment  or  indictment  of  a  grand  jury,  except  in 
cases  of  impeachment,  or  in  cases  of  petit  larceny,  assault,  assatilt 
and  battery,  affray.  A'agrancy  and  such  other  minor  cases  as  the 
General  Assembly  shall  make  cognizable  by  Justices  of  the  Peace: 
or  arising  in  the  army  or  navy  of  the  United  States,  or  hi  the  militia 
when  in  actual  service  in  time  of  war  or  puljlic  danger:  and  no  per- 
son after  having  been  once  acquitted  by  a  jury,  for  the  same  offense, 
shall  be  again  put  in  jeopardy  of  life  or  liberty  :  btit  if.  in  any  crim- 
inal prosecution,  the  jury  he  divided  in  opinion,  the  court  biefore 
which  the  trial  shall  b>e  had  may  in  its  discretion  discharge  the  jury 
and  commit  or  bail  the  accused  for  trial  at  the  same  or  the  next 
term  of  said  court:  nor  shall  any  person  be  compelled  in  any  crim- 
inal ca-e  to  be  a  witness  against  himsflf :  nor  be  deprived  of  life, 
liberty  or  property,  without  due  process  of  law.  All  persons  shall, 
before  conviction,  be  bailable  lyv  sufficient  sureties  except  for  capital 
offenses — mtuxler  and  treason — when  the  proof  is  evident  or  the 
presimiption  great :  and  the  privilege  of  the  writ  of  haheas  r-o/jju^ 
shall  not  be  suspended  unless  wlien  in  cases  cf  rebellion  or  invasion 
the  puljlic  safety  may  require. 

Section  Tex.  Every  person  is  entitled  to  a  certain  remedy  in  the 
laws  for  all  injtmes  or  wrongs,  he  may  receive  in  his  person,  propertv 
or  character:  he  ought  to  obtain  justice  freely  and  without  purchase: 
completely  and  without  denial:  pi^imptly  and  without  delav :  con- 
formably to'tlie  laws. 

Sectiox  Elevex.  Treason  against  the  State  shall  only  consist  in 
levying  war  against  tlie  same,  or  in  adhering  to  its  enemies,  givino: 


CONSTITUTION  OF  THE 


[Akt.  1. 


them  aid  and  comfort.  No  person  sTiall  be  convicted  of  treason  un- 
less on  the  testimony  of  two  (2)  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court. 

Section  Twelve.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  warrant  shall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched  and  the  person  or  things  to  be 
seized. 

Section  Thirteen.  No  bill  of  attainder,  ex  post  facto  law,  nor  any 
law  impairing  the  obligation  of  contracts,  shall  ever  be  passed;  and 
no  conviction  shall  work  corruption  of  blood  or  forfeiture  of  estate. 

Section  Fourteen.  No  person  shall  be  imprisoned  for  debt  in  this 
State;  but  this  shall  not  prevent  the  General  Assembly  from  pro- 
viding for  imprisonment  or  holding  to  bail  persons  charged  with 
fraud  in  contracting  said  debt.  A  reasonable  amount  of  property 
shall  be  exempt  from  seizure  or  sale  for  the  payment  of  debts  or  lia- 
bilities. 

Section  Fifteen.  Private  property  shall  not  be  taken  for  public 
use  without  just  compensation  therefor. 

Section  Sixteen.  The  military  shall  be  subordinate  to  the  civil 
power.  No  standing  army  shall  be  kept  up  in  this  State  in  time  of 
peace,  and  no  soldier  shall  in  time  of  peace  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  nor  in  time  of  war  but  in 
a  manner  prescribed  by  law. 

Section  Seventeen.  Suits  may  be  brought  by  or  against  the  State 
in  such  manner  and  in  such  courts  as  may  be  by  law  provided. 

Section  Eighteen.  The  General  Assembly  shall  not  grant  to  any 
citizen  or  class  of  citizens,  privil(e)ges  or  immunities,  which  upon 
the  same  terms  shall  not  equally  belong  to  all  citizens. 

Section  Nineteen.  The  right  of  suffrage  shall  be  protected  by  laws 
regulating  elections,  and  prohibiting  under  adequate  penalties  all 
undue  influence  from  bribery,  tumult,  or  other  improper  conduct. 

Section  Twenty.  Foreigners  who  are,  or  may  become,  hona  fide 
residents  of  this  State,  shall  be  secured  the  same  rights  in  respect  to 

(  858  ) 


Aet.  1.]  STATE  or  ARKANSAS. 

the  accjuisition.  possession,  enjoyment  and  descent  of  property  as  are 
secm^ed  to  native-born  citizens. 

Sectiox  T^EXTT-oyE.  No  rcligious  test  or  amount  of  property  shall 
ever  be  recjuired  as  a  qualification  for  any  ofiice  of  public  trust  under 
the  State.  Xo  religious  test  or  amount  of  property  shall  ever  be 
required  as  a  qualification  of  any  voter  at  any  election  in  this  State: 
nor  shall  any  person  be  rendered  incompetent  to  give  evidence  in 
any  court  of  law  or  equity  in  consequence  of  his  opinion  upon  the 
subject  of  religion,  and  the  mode  of  administering  an  oath  or  aflirma- 
tion  shall  be  such  as  shall  be  most  consistent  with,  and  binding  upon 
the  conscience  of  the  person  to  whom  such  oath  or  afiirmation  may 
be  administered. 

Section  Twextt-two.  Any  person  who  shall,  after  the  adoption  of 
this  Constituti'jn.  fight  a  dut^l  or  send  or  accept  a  challenge  for  that 
purpose,  or  be  aider  or  abettor  in  fighting  a  duel,  either  within  this 
State  or  elsewhere,  shall  thereby  be  deprived  of  the  right  of  holding 
any  office  of  honor  or  profit  in  this  State,  and  shall  Ik?  forever  dis- 
qualified from  voting  at  any  election,  and  shall  be  punished  other- 
wise in  such  manner  as  may  he  prescribed  by  law. 

Section  Twexty-theee.  Eeligion.  morality,  and  knowledge  heiivi 
essential  to  good  government,  the  General  Assembly  shall  pass  suit- 
able laws  to  protect  every  religious  denomination  in  the  peaceable 
enjopnent  of  its  own  mode  of  public  worship  :  and  to  encourage 
schools  and  the  means  of  instruction. 

Sectiox  TwEXTY-ForE.  All  lands  in  this  State  are  declared  to  be 
allodial,  and  feudal  tenures  of  every  description,  with  all  their  inci- 
dents, are  prohibited.  Leases  and  grants  of  land  fur  a  longer  period 
than  twenty-one  (21 1  years,  hereafter  made,  in  which  shall  be  re- 
served any  rent  or  service  of  any  kind,  shall  he  held  a  conveyance 
in  tee  to  the  lessee. 

Sectiqv  Twenty-five.  The  action  of  the  Convention  of  the  State 
of  Arkansas,  which  assembled  in  the  City  of  Little  Eoclv  on  the 
fourth  i-ith  i  day  of  March.  A.D.  one  thousand  eight  himdred  and 
sixty  one  ilSoli.  was.  and  is  null  and  void.  All  the  action  of  the 
State  of  Arkansas  under  the  authority  of  said  Convention,  of  its 


CONSTITUTION  OF  THE 


[Art.  2. 


Ordinances  or  its  Constitution,  whether  legislative,  executive,  judi- 
cial or  military,  was,  and  is  hereby  declared  null  and  void ;  and  no 
debt  or  liability  of  the  State  of  Arkansas  incurred  by  the  action  of 
said  Convention,  or  of  the  General  Assembly,  or  any  department  of 
the  government  under  the  authority  of  either,  shall  ever  be  recog- 
nized as  obligatory :  Provided,  That  this  Ordinance  shall  not  be  so 
construed  as  to  affect  the  rights  of  private  individuals  arising  under 
contracts  between  the  parties,  or  to  change  county  boundaries  or 
county  seats,  or  to  make  invalid  the  acts  of  Justices  of  the  Peace,  or 
other  officers  in  their  authority  to  administer  oaths  or  take  and  cer- 
tify the  acknowledgments  of  deeds  of  conveyance,  or  other  instru- 
ments of  writing,  or  in  the  solemnization  of  marriage. 

ARTICLE  II. 
Boundaries. 

We  do  declare  and  establish,  ratify  and  confirm,  the  following  as 
the  permanent  boundaries  of  said  State  of  Arkansas,  that  is  to  say: 
Beginning  at  the  middle  of  the  main  channel  of  tTie  Mississippi 
river,  on  the  parallel* of  thirty-six  (36)  degrees  north  latitude;  run- 
ning from  thence  west,  with  the  said  parallel  of  latitude,  to  the  Saint 
Francis  river;  thence  up  the  middle  of  the  main  channel  of  said 
river  to  the  parallel  of  thirty-six  (36)  degrees  thirty  (30)  minutes 
north;  from  thence  west  with  the  boundary  line  of  the  State  of 
Missouri  to  the  south  west  corner  of  that  State ;  and  thence  to  be 
bounded  on  the  west  to  the  north  bank  of  Red  river,  as  by  Acts  of 
Congress  and  Treaties  heretofore  defining  the  western  limits  of  the 
Territory  of  Arkansas ;  and  to  be  bounded  on  the  south  side  of  Red 
river  by  the  boundary  line  of  the  State  of  Texas  to  the  north  west 
corner  of  the  State  of  Louisiana;  thence  east  with  the  Louisiana 
State  line  to  the  middle  of  the  main  channel  of  the  Mississippi 
river ;  thence  up  the  middle  of  the  main  channel  of  said  river,  in- 
cluding an  island  in  said  river  known  as  "  Belle  Point  Island,"  to 

(  8G0  ) 


Arts.  3,  4,  5.]        STATE  OF  ARKANSAS. 

the  thirty-sixth  (36th)  degree  of  north  latitude — the  place  of  be- 
ginning. 

ARTICLE  III. 

The  seat  of  government  shall  be  at  Little  Rock,  where  it  is  now 
established. 

ARTICLE  lY. 

Section  One.  The  powers  of  government  are  divided  into  three 
(3)  departments — the  Legislative,  the  Executive,  and  the  Judicial. 

Section  Two.  No  person  belonging  to  one  department  shall  exer- 
cise the  powers  properly  belonging  to  another,  excepting  in  the  cases 
expressly  provided  in  this  Constitution. 

ARTICLE  y. 
Legislative  Department. 

Section  One.  The  legislative  power  in  this  State  shall  be  vested' 
in  a  General  Assembly,  which  shall  consist  of  a  Senate  and  a  House 
of  Representatives. 

Section  Two.  The  General  Assembly  shall  meet  every  two  (2) 
years,  on  the  first  Monday  of  January,  at  the  seat  of  Government, 
until  altered  by  law;  but  the  first  General  Assembly  elected  after 
the  adoption  of  this  Constitution  shall  meet  on  the  second  (2nd) 
day  of  April,  A.D.  one  thousand  eight  hundred  and  sixty  eight 
(1868). 

Section  Three.  The  House  of  Representatives  shall  consist  of 
members  chosen  every  second  (2nd)  year  by  the  qualified  electors 
of  the  several  districts. 

Section  Four.  No  person  shall  be  a  member  of  the  House  of  Rep- 
resentatives who  shall  not  have  attained  the  age  of  twenty-one  (21) 

(  861  ) 


CONSTITUTION  OF  THE  [Art.  5. 

years,  and  have  been  one  year  a  resident  of  this  State,  who  shall 
not  be  a  male  citizen  of  the  United  States,  who  shall  not,  at  the  time 
of  his  election,  have  an  actual  residence  in  the  district  he  may  be 
chosen  to  represent,  and  who  shall  not  be  a  qualified  elector  as  pro- 
vided in  this  Constitution. 

Section  Five.  The  Senate  shall  consist  of  members  chosen  every 
•  fourth  year  by  the  qualified  electors  of  the  several  districts. 

Section  Six.  No  person  shall  be  a  member  of  the  Senate  who 
shall  not  have  attained  the  age  of  twenty-five  (25)  years,  and  have 
been  one  year  a  resident  of  this  State,  who  shall  not  be  a  male  citi- 
zen of  the  United  States,  who  shall  not,  at  the  time  of  his  election, 
have  an  actual  residence  in  the  district  he  may  be  chosen  to  repre- 
sent, and  who  shall  not  be  a  qualified  elector,  as  provided  in  this 
Constitution. 

Section  Seven.  The  number  of  members  composing  the  Senate 
shall  be  twenty-six  (26),  and  of  the  House  of  Representatives  eighty- 
two  (82). 

Section  EiGHTe  The  General  Assembly  shall  provide  by  law  for 
an  enumeration  of  the  inhabitants  of  this  State  in  the  year  one 
thousand  eight  hundred  and  seventy-five  (1876),  and  every  tenth 
(10th)  year  thereafter;  and  the  first  (1st)  General  Assembly  elected 
after  each  enumeration  so  made,  and  also  after  each  enumeration 
made  by  the  authority  of  the  United  States,  may  rearrange  the  Sen- 
atorial and  Representative  districts  according  to  the  number  of  in- 
habitants as  ascertained  by  such  enumeration ;  Provided,  That  there 
shall  be  no  apportionment  other  than  that  made  in  this  Constitution, 
until  after  the  enumeration  to  be  made  in  the  year  one  thousand 
eight  hundred  and  seventy-five  (1875). 

Section  Nine.  Senators  shall  be  chosen  at  the  same  time  and  in 
the  same  manner  that  members  of  the  House  of  Representatives  are 
required  to  be.  Senatorial  districts  shall  be  composed  of  convenient 
contiguous  territory,  and  no  Representative  district  shall  be  divided 
in  the  formation  of  a  Senatorial  one.  The  Senatorial  districts  shall 
be  numbered  in  regular  series,  and  the  term  of  Senators  chosen  for 
the  districts  designated  by  odd  numbers  shall  expire  -in  two  (2) 

(  862  ) 


Art.  5.]  STATE  OF  ARKANSAS. 

years,  and  the  term  of  Senators  chosen  for  the  districts  designated 
by  even  numbers  shall  expire  in  four  (4)  years ;  but  thereafter  Sen- 
ators shall  be  chosen  for  the  term  of  four  (4)  years,  excepting  when 
an  enumeration  of  the  inhabitants  of  the  State  is  made,  in  which 
case,  if  a  re-arrangement  of  the  Senatorial  districts  is  made  the  regu- 
lation above  stated  shall  govern  the  term  of  office. 

Section  Ten.  Removals  of  Senators  and  Representatives  from  their 
respective  districts  shall  be  deemed  a  vacation  of  their  office. 

Section  Eleven.  No  person  holding  any  office  under  the  United 
States,  or  this  State,  or  any  county  office,  excepting  Postmasters, 
Notaries  Public,  Officers  of  the  Militia,  and  Townsiiip  Officers,  shall 
be  eligible  to,  or  have  a  seat  in  either  branch  of  the  General  Assem- 
bly, and  all  votes  given  for  any  such  person  shall  be  void. 

Section  Twelve.  Senators  and  Representatives  shall,  in  all  cases, 
(treason,  felony,  or  breach  of  the  peace  excepted,) ,  be  privileged  from 
arrest  during  the  session  of  the  General  Assembly.  They  shall  not  * 
be  subject  to  any  civil  process  during  the  session  of  the  General  As- 
sembly, or  for  fifteen  (15)  days  next  before  the  commencement,  and 
next  after  the  termination  of  each  session.  And  they  shall  not  be 
questioned  in  any  other  place  for  remarks  made  in  either  House. 

Section  Thirteen.  A  majority  of  the  members  of  each  House 
shall  constitute  a  quorum  to  transact  business,  but  a  smaller  number 
may  adjourn  from  d^j  to  day,  and  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  eacli  House 
may  prescribe.  ♦ 

Section  Fourteen.  Each  House  shall  choose  its  own  officers,  de- 
termine the  rules  of  its  proceedings,  judge  of  the  qualifications,  elec- 
tion and  return  of  its  members ;  and  may,  with  the  concurrence  of 
two-thirds  of  all  the  members  elected,  expel  a  member ;  but  no  mem- 
ber shall  be  expelled  a  second  time  for  the  same  cause,  nor  for  any 
cause  known  to  his  constituents  at  the  time  of  his  election.  The 
reasons  for  any  such  expulsion  shall  be  entered  upon  the  Journal, 
with  the  names  of  the  members  voting  thereon. 

Section  Fifteen.  The  General  Assembly  shall  prescribe  by  law 

the  manner  in  which  the  State  printing  shall  be  executed,  and  the 

(  863  ) 


CONSTITUTION  OF  THE 


[Art.  5. 


accounts  rendered  therefor,  and  shall  prohibit  all  charges  for  con- 
structive labor.  They  shall  not  rescind  or  alter  any  contract  for 
such  printing,  or  release  the  person  or  persons  taking  the  same,  or 
his  or  their  securities,  from  the  performance  of  any  of  the  provisions 
of  such  contract. 

Section  Sixteen.  Each  House  shall  keep  a  Journal  of  its  proceed- 
ings, and  publish  the  same,  excepting  such  parts  as  may  require 
secrecy.  The  yeas  and  nays  of  the  members  of  either  House,  upon 
any  question,  shall  be  entered  on  the  Journal  at  the  request  of  five 
(5)  members.  Any  member  of  either  House  may  dissent,  and  pro- 
test against  any  act,  proceeding  or  resolution  which  he  may  deem 
injurious  to  any  person  or  the  public,  and  have  the  reason  of  his 
dissent  entered  on  the  Journal. 

Section  Seventeen.  In  all  elections  by  either  House  or  in  joint 
convention,  the  votes  shall  be  given  viva  voce.  All  votes  on  nomi- 
nations to  the  Senate  shall  be  taken  by  yeas  and  nays,  and  pub- 
lished with  the  Journal  of  its  proceedings. 

Section  Eighteen.  The  doors  of  each  House  shall  be  open,  unless 
the  public  welfare  requires  secrecy.  Neither  House  shall,  without 
the  consent  of  the  other  adjourn  for  more  than  three  (3)  days,  nor 
to  any  other  place  than  where  the  General  Assembly  may  then  be 
in  session. 

Section  Nineteen.  Bills  may  originate  in  either  House  of  the 
General  Assembly,  but  all  bills  for  raising  revenue  shall  originate  in 
tile  House  of  Representatives,  though  the  Senate  may  propose  amend- 
ments, as  on  other  bills. 

Section  Twenty.  No  portion  of  the  public  funds  or  property  shall 
ever  be  appropriated  by  virtue  of  any  resolution. — No  appropriation 
shall  be  made  except  by  a  bill  duly  passed  for  that  purpose. 

Section  Twenty-one.  Every  bill  and  joint  resolution  shall  be  read 
three  (3)  times,  on  different  days,  in  each  House,  before  the  final 
passage  thereof,  unless  two-thirds  of  the  House  where  the  same  is 
pending  shall  dispense  with  the  rules.  No  bill  or  joint  resolution 
shall  become  a  law  without  the  concurrence  of  a  majority  of  all  the 

(  864  ) 


Art.  5.] 


STATE  OF  ARKANSAS.  ' 


members  voting.  On  the  final  passage  of  all  bills  the  vote  shall  be 
taken  bv  yeas  and  nays,  and  entered  on  the  Journal. 

Sectiox  Ttvextt-ttto.  Xo  act  shall  embrace  more  than  one  sub- 
ject, which  shall  be  embraced  in  its  title.  Xo  public  act  shall  take 
eflect  or  be  in  force  until  ninety  (90)  days  from  the  expiration  of 
the  session  at  Avhich  the  same  is  passed,  unless  it  is  otherwise  pro- 
vided in  the  act. 

Section  Twexty-three.  Xo  law  shall  be  revised,  altered  or 
amended,  by  reference  to  its  title  only,  but  the  act  revised,  and  the 
section  or  sections  of  the  act  as  altered  or  amended  shall  be  enacted 
and  published  at  length. 

Section  Twextt-eour.  Xo  new  bill  shall  be  introduced  into  either 
House  during  the  last  three  (3i  days  of  the  session  without  the 
unanimous  consent  of  the  House  in  which  it  originated. 

Section  Twenty-eive.  The  General  Assembly,  at  its  first  session, 
shall  provide  suitable  laws  for  the  registration  of  qnalified  electors, 
and  for  the  prevention  of  frauds  in  elections. 

Section  Twenty-six.  The  General  Assembly  shall  provide  for  the 
speedy  publication  of  all  statute  laws  of  a  public  nature,  and  of  such 
judicial  decisions  as  it  may  deem  expedient.  All  laws  and  judicial 
decisions  shall  be  free  for  publication  by  any  person. 

Section  Twenty-seven.  The  style  of  the  laws  of  the  State  shall 
be  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ar- 
kansas."" 

Section  Twenty-eight.  The  General  Assembly  may  enact  laws 
providing  for  county,  township  or  precinct  governments. 

Section.  Twenty-nine.  It  shall  be  the  duty  of  the  General  Assem- 
bly, from  time  to  time,  as  circumstances  may  re<juire.  to  frame  and 
adopt  a  penal  code  founded  on  principles  of  reformation. 

Section  Thirty.  The  General  Assembly  shall  not  change  the 
venue  in  any  criminal  or  penal  prosecution,  but  shall  pro^-ide  for 
the  same  by  general  laws. 

Section  Thirty-one.  The  General  Assembly  may  pass  laws  au- 
thorizing appeals  in  criminal  or  penal  cases,  and  regulating  the  right 
of  challenge  of  jurors  therein. 

55  (  365  ) 


•  CONSTITUTION  OF  THE 


[Art.  5. 


Section  Thirty-two.  The  General  Assembly  shall  direct  by  law 
when  and  how  juries  shall  be  selected  from  judicial  districts  in 
criminal  and  civil  cases. 

Section  Thirty-three.  The  General  Assembly  shall  regulate  by 
law,  by  whom,  and  in  what  manner,  w^rits  of  election  shall  be  issued 
to  fill  the  vacancies  which  may  happen  in  either  branch  thereof 

Section  Thirty-four.  The  General  Assembly  may  declare  the 
cases  in  which  any  office  shall  be  deemed  vacant,  and  also  for  the 
manner  of  filling  the  vacancy,  where  no  provision  is  made  for  that 
purpose  in  this  Constitution. 

Section  Thirty-five.  Every  bill  and  concurrent  resolution,  ex- 
cept of  adjournment,  passed  by  the  General  Assembly,  shall  be  pre- 
sented to  the  Governor  for  approval  before  it  becomes  a  law.  If  he 
approve,  he  shall  sign  it ;  if  not,  he  shall  return  it  with  his  objec- 
tions to  the  House  in  which  it  originated,  which  shall  enter  the 
objections  at  large  upon  its  Journal  and  reconsider  it.  On  such 
reconsideration,  if  a  majority  of  the  members  elected  agree  to  pass 
the  bill,  it  shall  be  sent  with  the  objections  to  the  other  House,  by 
which  it  shall  be  reconsidered.  If  approved  by  a  majority  of  the 
members  elected  to  that  House,  it  shall  become  a  law.  In  such 
cases  the  vote  of  both  Houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and  against  the  bill  shall 
be  entered  on  the  Journal  of  each  House  respectively.  If  any  bill 
be  not  returned  by  the  Governor  within  three  (3)  days  (Sundays 
excepted)  after  it  has  been  presented  to  him,  the  same  shall  become 
a  law  in  like  manner  as  if  he  had  signed  it,  unless  the  General  As- 
sembly, by  their  adjournment,  prevent  its  return,  in  which  case  it 
shall  not  become  a  law.  The  Governor  may  approve,  sign  and  file 
in  the  office  of  the  Secretary  of  State,  within  three  (3)  days  after  the 
adjournment  of  the  General  Assembly,  any  act  passed  during  the 
last  three  (3)  days  of  the  session,  and  the  same  shall  become  a  law. 

Section  Thirty-six.  Each  House  may  punish  by  imprisonment, 
during  its  session,  any  person  not  a  member,  who  shall  be  guilty  of 
any  disorderly  or  contemptuous  behavior  in  their  presence ;  but  no 
such  imprisonment  shall  at  any  time  exceed  twenty-four  (24)  hours. 

(  866  ) 


Art.  5.] 


STATE  OF  ARKANSAS. 


Section  Thirty-seyejst.  No  citizen  of  this  State  shall  be  disfran- 
chised, or  deprived  of  any  of  the  rights  or  privileges  secured  to  any 
citizen  thereof,  unless  the  same  is  done  by  the  law  of  the  land,  or 
the  judgment  of  his  peers,  except  as  hereinafter  provided.  There 
shall  be  neither  slavery  nor  involuntary  servitude,  either  by  inden- 
tures, apprenticeships  or  otherwise,  in  the  State,  except  for  the 
punishment  of  crime  whereof  the  j)arty  shall  have  been  duly 
convicted. 

Section  Thirty-eight.  The  General  Assembly  shall  have  no  power 
to  make  compensation  for  emancipated  slaves. 

Section  Thirty-nine.  The  General  Assembly  shall  have  no  power 
to  grant  divorces,  to  change  the  names  of  individuals,  or  to  direct 
the  sales  of  estates  belonging  to  infants  or  other  persons  laboring 
under  legal  disabilities,  by  special  legislation ;  but  by  general  laws, 
shall  confer  such  powers  on  the  courts  of  justice. 

Section  Forty.  The  General  Assembly  shall  not  authorize,  by 
private  or  special  law,  the  sale  or  conveyance  of  any  real  estate  be- 
longing to  any  person,  or  vacate  or  alter  any  road  laid  out  by  legal 
authority,  or  any  street  in  any  city  or  village,  or  in  any  recorded 
town  plat ;  but  shall  provide  for  the  same  by  general  laws. 

Section  Forty-one.  The  General  Assembly  shall  not  authorize 
any  lottery,  and  shall  prohibit  the  sale  of  lottery  tickets. 

Section  Forty-two.  In  case  of  a  contested  election,  only  the 
claimant  decided  entitled  to  the  seat,  in  either  House  in  which  the 
contest  may  take  place,  shall  receive  from  the  State  per  diem  com- 
pensation and  mileage. 

Section  Forty-three.  No  collector,  holder,  or  disburser  of  public 
moneys  shall  have  a  seat  in  the  General  Assembly,  or  be  eligible  to 
any  office  of  trust  or  profit  under  this  State,  until  he  shall  have 
accounted  for,  and  paid  over,  as  provided  by  law,  all  sums  for  which 
he  is  liable. 

Section  Forty-four.  The  General  Assembly  shall  have  power  to 
alter  and  regulate  the  jurisdiction  and  proceedings  in  law  and  equity, 
subject  to  the  provisions  of  this  Constitution. 

Section  Forty-five.  The  General  Assembly  shall  direct  by  law, 

(  867  ) 


CONSTITUTION  OF  THE 


[Art.  5. 


in  what  manner,  and  in  what  courts,  suits  may  be  brought  by  and 
against  the  State. 

Section  Forty-six.  It  shall  be  the  duty  of  the  General  Assembly 
to  make  adequate  provision  for  the  maintenance  of  paupers  through- 
out the  State. 

Section  Forty-seven.  The  General  Assembly  shall  not  have  power 
to  authorize  any  municipal  corporation  to  pass  any  laws  contrary  to 
the  general  laws  of  the  State,  or  to  levy  any  tax  on  real  or  personal 
property  to  a  greater  extent  than  two  (2)  per  centum  of  the  assessed 
value  of  the  same. 

Section  Forty-eight.  The  General  Assembly  shall  pass  no  special 
act  conferring  corporate  powers.  Corporations  may  be  formed  under 
general  laws ;  but  all  such  laws  may,  from  time  to  time,  be  altered 
or  repealed.  Dues  from  corporations  shall  be  secured  by  such  indi- 
vidual liability  of  the  stockholders,  and  other  means  as  may  be  pre- 
scribed by  law ;  but,  in  all  cases,  each  stockholder  shall  be  liable 
over  and  above  the  stock  by  him  or  her  owned,  and  any  amount 
unpaid  thereon,  to  a  further  sum,  at  least  equal  in  amount  to  such 
stock.  The  property  of  corporations,  now  existing  or  hereafter 
created  shall  forever  be  subject  to  taxation,  the  same  as  the  property 
of  individuals.  No  right  of  way  shall  be  appropriated  to  the  use  of 
any  corporation  until  full  compensation  therefor  shall  be  first  made 
in  money,  or  first  secured  by  a  deposit  of  money,  to  the  owner,  irre- 
spective of  any  benefit  from  any  improvement  proposed  by  such  cor- 
poration ;  which  compensation  shall  be  ascertained  by  a  jury  of 
twelve  (12)  men, in  a  Court  of  Record,  as  shall  be  prescribed  bylaw. 

Section  Forty-nine.  The  General  Assembly  shall  provide  for  the 
organization  of  cities  and  incorporated  villages  by  general  laws,  and 
restrict  their  powers  of  taxation,  assessment,  borrowing  money,  con- 
tracting debts,  and  loaning  their  credit,  so  as  to  prevent  the  abuse  of 
such  powers. 

Section  Fifty.  All  corporations  with  banking  and  discounting 
privileges  shall,  preparatory  to  issuing  bills  as  currency,  deposit  the 
bonds  of  this  State,  equal  in  amount  to  the  capital  stock  of  such  cor- 
poration, with  the  Auditor  of  the  State,  who  shall  not  permit  an  issue 

(  868  ) 


Art.  6.] 


STATE  OF  ARKANSAS. 


of  circulation  exceeding  eighty  (80)  per  centum  of  the  amount  of 
bonds  so  deposited,  such  circulation  being  receivable  for  all  taxes  and 
dues  to  the  State,  and  the  individual  liability  of  stockholders  shall 
be  as  hereinbefore  directed;  Provided.,  That  corporations  chartered 
or  existing  under  any  act  of  the  Congress  of  the  United  States  shall 
be  exempted  from  these  provisions. 

Section  Fifty-one.  The  General  Assembly,  on  the  day  of  final 
adjournment  shall  adjourn  at  twelve  (12)  o clock  at  noon. 

ARTICLE  YI. 
Executive  Department. 

Section  One.  The  Executive  Department  of  this  State  shall  con- 
sist of  a  Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor, 
Treasurer,  Attorney  General  and  Superintendent  of  Public  Listruc- 
tion — all  of  whom  shall  hold  their  several  offices  for  the  term  of 
four  years  and  until  their  successors  are  elected  and  qualified.  They 
shall  be  chosen  by  the  qualified  electors  of  this  State  at  the  time 
and  places  of  choosing  the  members  of  the  General  Assembly. 

Section  Two.  The  supreme  executive  power  of  .this  State  shall  be 
vested  in  the  Governor. 

Section  Three.  No  person  shall  be  eligible  to  the  office  of  Gover- 
nor or  Lieutenant  Governor  who  shall  not  have  attained  the  age  of 
twenty-five  (25)  years,  who  shall  not  have  been  five  (5)  years  a  citi- 
zen of  the  United  States,  who  shall  not,  at  the  time  of  his  election, 
have  had  an  actual  residence  in  this  State  for  one  (1)  year  next  pre- 
ceding his  election,  and  who  shall  not  be  a  qualified  elector  as  pre- 
scribed in  this  Constitution. 

Section  Four.  In  elections  for  Governor  and  Lieutenant  Governor, 
the  person  having  the  highest  number  of  votes  shall  be  declared 
elected.  But  in  case  that  two  (2)  or  more  persons  shall  have  an 
equal,  and  the  highest  number  of  votes  for  Governor  or  Lieutenant 
Governor,  the  General  Asseinbly  shall,  by  joint  vote,  choose  one  (I) 
of  such  persons.    The  Governor  shall  be  Commander-in-Chief  of  the 

(  8G9  ) 


CONSTITUTION  OF  THE 


[Art.  6. 


military  and  naval  forces  of  the  State,  and  may  call  out  such  forces 
to  execute  the  laws,  suppress  insurrections,  repel  invasions,  or  pre- 
serve the  public  peace.  He  shall  transact  all  necessary  business  with 
other  officers  of  the  State  Government,  and  may  require  information 
in  writing  of  the  officers  of  the  Executive  Department  upon  any  sub- 
ject pertaining  to  the  duties  of  their  respective  offices. 

Section  Five.  It  shall  be  the  duty  of  the  Governor  to  see  that  the 
laws  are  faithfully  executed. 

Section  Six.  He  may  convene  the  Legislature  on  extraordinary- 
occasions. 

Section  Seven.  He  shall  give  to  the  General  Assembly,  and  at 
the  close  of  his  official  term,  to  the  next  General  Assembly  informa- 
tion by  Message,  concerning  the  condition  of  the  State,  and  recom- 
mend such  means  to  their  consideration  as  he  may  deem  expedient. 

Section  Eight.  He  may  convene  the  General  Assembly  at  some 
other  place  when  the  seat  of  government  becomes  dangerous  from 
the  prevalence  of  disease,  or  the  presence  of  a  common  enemy. 

Section  Nine.  He  may  grant  reprieves,  pardons  and  commutations 
after  conviction  for  all  offenses,  except  treason  and  cases  of  im- 
peachment, upon  such  conditions  and  with  such  restrictions  and 
limitations  as  he  may  think  proper;  subject,  however,  to  such  regu- 
lations as  may  be  prescribed  by  law  relative  to  the  manner  of  apply- 
ing for  pardons.  Upon  conviction  for  treason  he  may  suspend 
execution  of  the  sentence  until  the  matter  shall  be  reported  to  the 
General  Assembl}^  at  its  next  session,  when  the  General  Assembly 
shall  either  pardon,  commute  the  sentence,  direct  the  execution  of 
the  same  or  grant  a  further  reprieve.  The  Governor  shall  commu- 
nicate to  the  General  Assembly  at  each  session,  information  concern- 
ing each  case  of  pardon,  reprieve  or  commutation  granted,  and  the 
reasons  therefor. 

Section  Ten.  In  case  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  resignation,  inability  or  removal  from 
the  State,  the  powers  and  duties  of  the  Governor  shall  devolve  upon 
the  Lieutenant  Governor  during  the  residue  of  the  term  or  until  the 
disabilities  of  the  Governor  are  removed. 

(  870  ) 


Art.  6.]  STATE  OF  ARKAXSAS. 

Sectiox  Elevex.  During  a  vacancy  in  the  office  of  Governor,  if  tlie 
Lieutenant  Governor  resigTi.  be  impeached,  clisphiced.  absent  from 
the  State  or  incapable  of  acting,  the  President  pro  tern. pore  of  the 
Senate,  shall  act  as  Governor  until  the  vacancy  be  filled  or  the  dis- 
ab)ility  cease. 

Sectiov  Ttvelve.  The  Lieutenant  Governor  shall,  by  virtue  of  his 
office,  be  President  of  the  St^nate,  and  when  there  is  an  equal  division 
he  shall  give  the  casting  vote. 

Sectiox  Thirteex.  Xo  member  of  Congress  or  any  person  holding 
any  office  under  the  I'nited  States  or  this  State,  shall  execute  the 
office  of  Governor. 

Sectiox  Foueteex'.  The  Lieutenant  Governor,  and  the  President 
of  the  Senate  pro  ternport  while  performing  the  office  of  Governor, 
shall  receive  the  same  compensation  as  the  Governor. 

Sectiox  Fieteex.  All  official  acts  of  the  Governor — his  approval 
of  the  laws  excepted — shall  be  authenticated  by  the  great  Seal  of  the 
State,  which  Seal  shall  be  kept  by  the  Secretary  of  State. 

Sectiox  Sixteexv  The  Governor  shall,  by  and  with  the  advice  and 
consent  of  the  Senate,  appoint  a  convenient  number  of  Xotaries 
Public,  not  to  exceed  six  (^6)  for  each  county,  who  shall  discharge 
such  duties  as  are  now  or  as  may  hereafter  be  prescribed  by  law. 

Sectiox  Sevexteex.  All  commissions  issued  to  persons  holding 
office  under  the  provisions  of  this  Constitution  shall  be  in  the 
name,  and  by  the  authority  of  the  people  of  the  State  of  Arkansas, 
,  sealed  with  the  great  Seal  of  the  State,  signed  by  the  Governor  and 
countersigned  by  the  Secretary  of  State. 

Sectiox  Eighteex.  The  Governor.  Chief  Justice.  Secretary  of  State. 
Treasurer.  Auditor.  Attorney  General  and  Superintendent  of  Public 
Instruction  shall  severally  reside,  and  keep  all  public  records,  books, 
papers  and  documents  which  may  pertain  to  their  res23ective  offices, 
at  the  seat  of  government. 

Sectiox'  Xixeteex.  The  returns  of  every  election  for  Governor. 
Lieutenant  Governor.  Secretary  of  State.  Treasurer.  Auditor.  Attor- 
ney General  and  Superintendent  of  Public  Listruction.  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government  by  the  returning  officers 

i  S71  ) 


CONSTITUTION  OF  THE 


[Art.  6. 


and  directed  to  the  presiding  officer  of  the  Senate,  who,  during  the 
first  week  of  the  session  shall  open  and  publish  the  same  in  presence 
of  the  members  then  assembled.  The  person  having  the  highest 
number  of  votes  sKall  be  declared  elected,  but  if  two  (2)  or  more 
shall  have  the  highest  and  equal  number  of  votes  for  the  same  office, 
one  of  them  shall  be  chosen  by  joint  vote  of  both  houses.  Con- 
tested elections  shall  likewise  be  determined  by  both  houses  of  the 
General  Assembly  in  such  manner  as  is  or  may  hereafter  be  pre- 
scribed by  law. 

Section  Twenty.  The  Secretary  of  State  shall  keep  a  fair-  record 
of  all  official  acts  and  proceedings  of  the  Governor,  and  shall  when 
required  lay  the  same  and  all  papers,  minutes  and  vouchers  relative 
thereto,  before  the  General  Assembly,  and  shall  perform  such  other 
duties  as  are  now,  or  may  hereafter  be  prescribed  by  law. 

Section  Twenty-one.  The  Auditor,  Treasurer,  Attorney  General, 
and  Superintendent  of  Public  Instruction,  shall  perform  such  duties 
as  are  now,  or  may  hereafter  be  prescribed  by  law. 

Section  Twei^ty-two.  In  case  of  the  death,  impeachment,  removal 
from  the  State  or  other  disability  of  the  Secretary  of  State,  Treasurer, 
Auditor,  Attorney  General  and  Superintendent  of  Public  Instruction, 
the  vacancies  in  their  -several  offices  thus  occasioned  shall  be  filled 
by  appointment  of  the  Governor,  which  appointment  shall  be  made 
for  the  unexpired  terms  of  said  officers,  or  until  said  disabilities  are 
removed,  or  until  elections  are  held  to  fill  said  vacancies. 

Section  Twenty-three.  Until  the  General  Assembly  shall  other- 
wise provide,  the  Governor  shall  appoint  a  suitable  person,  who  shall 
be  styled  Commissioner  of  Public  Works  and  Internal  Improvements, 
who  shall  hold  his  office  during  the  term  of  four  (4)  years,  and  until 
his  successor  is  duly  commissioned  and  qualified.  It  shall  be  the 
duty  of  the  Commissioner  of  Public  Works  and  Internal  Improve- 
ments to  superintend  all  public  works  which  may  be  carried  on  by 
the  State,  and  have  a  supervising  control  over  all  internal  improve- 
ments in  which  the  State  is  interested,  and,  until  otherwise  provided 
by  the  General  Assembly,  he  shall  be  ex-officio  Commissioner  of  Im- 
migration and  of  State  Lands,  and  shall  perform  such  other  duties 

(  872  ) 


Art.  7.]  STATE  OF  AEKAXSAS. 

as  mav  be  prescribed  by  law.  He  shall  receive  for  his  services  the 
same  salary  as  provided  by  law  for  the  Auditor  of  State. 

SzcTiox  TwEXTY-FuUR.  The  officers  of  the  Executive  Department, 
mentioned  in  this  Article,  shall,  at  stated  times,  receive  for  their 
services  a  compensation  to  be  established  by  law.  v-hich  shall  not  be 
diminished  during  the  period  for  which  they  have  f^een  elected  or 
appointed. 

Sectiov  Twzxty-five.  The  officers  of  the  Executive  Dt-partment 
and  Judges  of  the  Supreme  Court  shall  not  be  eligible,  during  the 
pf  riod  for  which  they  may  be  elected  or  appL'inted  to  their  respective 
office*,  to  any  position  in  the  gift  of  the  qualified  electors,  or  of  the 
General  Assembly  of  this  State. 

Sectiqx  Twzxty-six.  The  returns  of  every  election  for  State. 
Cotmty  and  Judicial  officers,  not  herein  provided  for.  shall  be  sealed 
tip  and  transmitted  to  the  seat  of  Government  by  the  returning  offi- 
cers, and  directed  to  the  Secretary  of  State,  who  shall  open  and  pu]> 
lish  the  same,  and  the  persons  so  elected  shall  be  duly  cummissioned 
by  the  Governor. 

• 

A  E  T I C  L  E  VIE 

JUDICIAEY. 

Sectiox  Oxe.  The  Judicial  power  of  the  State  shall  be  vested  in 
the  Senate  sitting  as  a  Court  of  Impeachment,  a  Supreme  Court, 
Circuit  Courts,  and  such  other  courts  inferior  to  the  Supreme  Court 
as  the  General  Assembly  may  from  time  to  time  establish. 

Section  Two.  The  House  of  Eepresentatives  shall  have  the  sole 
power  of  impeachment.  All  impeachments  shall  be  tried  by  the 
Senate.  TThen  sitting  fjr  that  purpose  Senators  shall  be  upon  oath 
or  affirmation,  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  thereof  The  Chief  Justice  shall 
preside  and  the  Secretary  of*  State  shall  act  as  Clerk  of  this  Court  : 
Provided,  that  in  case  of  the  trial  of  either  of  them  the  person  ap- 
pointed temporarily  to  perform  the  duties  of  the  office  shall  act. 


CONSTITUTION  OF  THE  [Art.  7. 

The  Governor,  and  all  civil  officers  under  this  State,  shall  be  liable 
to  impeachment  for  any  misconduct  or  maladministration  of  their 
respective  offices;  butjudgment  in  such  cases  shall  nbt  extend  farther 
than  to  removal  from  office  and  disqualification  to  hold  any  office 
of  honor,  trust,  or  profit,  under  this  State.  The  party,  whether  con- 
victed or  acquitted,  shall  nevertheless  be  liable  to  indictment,  trial 
and  judgment  according  to  law. 

Section  Three.  Two  (2)  terms  of  the  Supreme  Court  shall  be  held 
at  the  seat  of  Government  annually,  provided  that  the  General  As- 
sembly may  provide  by  law  for  holding  said  court  at  three  other 
places.  The  Supreme  Court  shall  consist  of  one  (1)  Chief  Jifstice, 
who  shall  be  appointed  by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  for  the  term  of  eight  (8)  years,  and  four  Asso- 
ciate Justices,  who  shall  be  chosen  by  the  qualified  electors  of  the 
State  at  large  for  the  term  of  eight  (8)  years  ;  Provided^  that  two  (2) 
of  the  Associate  Justices  first  chosen  under  this  Constitution  shall 
serve  for  four  (4)  years  after  the  next  general  election,  and  two  (2) 
of  them  for  eight  (8)  years  after  said  election,  said  times  to  be 
determined  by  lot;  but  thereafter  the  Associate  Justices  shall  be 
chosen  for  the  full  term. 

Section  Four.  The  Supreme  Court  shall  have  general  supervision 
and  control  over  all  inferior  courts  of  law  and  equity.  It  shall  have 
power  to  issue  writs  of  error,  supersedeas,  certiorari,  habeas  corpus, 
mandamus,  quo-warranto,  and  other  remedial  writs,  and  to  hear  and 
determine  the  same.  Final  Judgments  in  the  inferior  courts  may 
be  brought  by  writ  of  error,  or  by  appeal,  into  the  Supreme  Court, 
in  such  manner  as  may  be  prescribed  by  law. 

Section  Five.  The  inferior  courts  of  the  State,  as  now  constituted 
by  law,  except  as  hereinafter  provided,  shall  remain  with  the  same 
jurisdiction  as  they  now  possess;  Provided,  that  the  General  Assem- 
bly may  provide  for  the  establishment  of  such  inferior  courts,  changes 
of  jurisdiction,  or  abolition  of  existing  inferior  courts,  as  may  be 
deemed  requisite.  The  Judges  of  the  inferior  courts  herein  provided 
for,  or  of  such  as  may  hereafter  be  established  by  law,  shall  be  ap- 
pointed by  the  Governor,  by  and  with  the  advice  and  consent  of  tlie 

(  874  ) 


Art.  7.] 


STATE  OF  ARKANSAS. 


Senate,  for  the  term  of  six  (6)  years,  and  until  such  time  as  the 
General  Assembly  may  otherwise  direct :  Prodded,  that  the  General 
Assembly  shall  not  interfere  with  the  term  of  o^ce  of  any  Judge. 

Sectiox  Six.  All  writs  and  other  processes  shall  run  in  the  name 
of  the  State  of  Arkansas,  and  bear  teste  and  be  signed  by  the  clerks 
of  the  respective  courts  from  which  they  issue.  Indictments  shall 
conclude    Against  the  peace  and  dignity  of  the  State  of  Arkansas.'" 

Sectiox  Setex.  Xo  Judge  shall  preside  on  the  trial  of  an}-  cause 
in  the  event  of  which  he  may  be  interested,  or  where  either  of  the 
parties  shall  be  connected  with  him  by  affinity  or  consanguinity 
within  such  degrees  as  maybe  prescribed  by  law.  or  in  which  he  may 
have  been  counsel,  or  have  presided  in  any  inferior  court. 

Sectiox  Eight.  In  case  all  or  any  of  the  judges  of  the  Supreme 
Court  shall  be  disqualified  from  presiding,  on  any  cause  or  causes, 
the  court  or  judges  thereof  shall  certify  the  same  to  the  Governor  of 
the  State  and  lie  shall  immediately  commission,  specially,  the  re- 
quired number  of  men  learned  in  the  law  for  the  trial  and  determina- 
tion thereof 

Sectiox  Xixe.  AVhenever.  at  ten  (10)  o  clock,  a.ai.  of  the  Second 
(2nd  )  day  of  any  term  of  the  inferior  courts  of  this  State,  the  judge 
thereof  is  not  present,  or  if  present  and  he  cannot  for  any  cause  prop- 
erly preside  at  the  trial  of  any  case  then  pending  therein,  the  attor- 
neys of  said  court  then  present  may  elect  a  special  judge,  who  shall 
preside  during  the  trial  of  such  case  or  cases,  or  shall  hold  said  court 
until  the  appearance  of  the  regular  judge  thereof  The  proceedings 
in  such  cases  shall  be  entered  at  large  upon  the  Record. 

Sectiox  Tex.  The  judges  of  the  inferior  courts  may  temporarily 
exchange  circuits,  or  hold  courts  for  each  other  under  such  regula- 
tions as  may  be  prescribed  by  law. 

Sectiox  Elevex.  Judges  shall  not  charge  juries  with  regard  to 
matters  of  fact,  but  shall  declare  the  law.  In  all  trials  by  jury  the 
judges  shall  give  their  instructions  and  charges  in  writing ;  and  if 
the  trial  is  by  the  court  he  shall  reduce  to  writing  his  findings  upon 
the  facts  in  the  case,  and  shall  declare  the  law  in  the  same  manner 
he  is  required  to  do  when  instructing  juries. 

(  S75  ) 


CONSTITUTION  OF  THE 


[Art.  7. 


Section  Twelve.  Any  judge  whose  appointment  or  election  is 
herein  provided  for,  shall  be  at  least  twenty-five  (25)  years  of  age, 
a  qualified  elector  of  this  State,  and  shall  have  been  for  one  year  an 
actual  resident  of  the  State,  and  shall  reside  in  the  circuit  or  district 
to  which  he  may  be  appointed  or  elected. 

Section  Thirteen.  The  judges  of  the  Supreme  and  inferior  Courts 
shall,  at  stated  times,  receive  a  compensation  for  their  services  as 
is  now  or  may  hereafter  be  provided  by  law,  and  which  shall  not  be 
diminished  during  the  respective  terms  for  which  they  may  be  elected 
or  appointed. 

Section  Fourteen.  The  inferior  courts  shall  hold  annually  such 
terms  as  the  General  Assembly  may  direct. 

Section  Fifteen.  All  appeals  from  inferior  Courts  shall  be  taken 
in  such  manner  and  to  such  Courts  as  may  be  provided  by  law.  Ap- 
peals may  be  taken  from  courts  of  Justices  of  the  Peace  to  such 
Courts  and  in  such  manner  as  may  be  prescribed  by  law. 

Section  Sixteen.  When  a  vacancy  occurs  in  the  ofiice  of  Judge  of 
the  Supreme,  or  any  of  the  inferior  Courts,  it  shall  be  filled  by  ap- 
pointment of  the  Governor ;  which  ajDpointee  shall  hold  his  ofiice 
the  residue  of  the  unexpired  term,  and  until  his  successor  is  elected 
and  qualified. 

Section  Seventeen.  The  Supreme  Court  and  such  other  Courts  as 
may  be  established  by  law  shall  be  Courts  of  record  and  shall  have 
a  common  seal.  • 

Section  Eighteen.  The  Supreme  Court  shall  appoint  a  clerk  of 
such  court,  and  also  a  reporter  of  its  decisions.  The  decisions  of 
the  supreme  court  shall  be  in  writing,  and  signed  by  the  judges  con- 
curring therein.  Any  judge  dissenting  therefrom  shall  give  the 
reasons  of  such  dissent  in  writing,  over  his  signature ;  all  such 
decisions  shall  be  filed  in  the  office  of  the  Clerk  of  the  Supreme 
Court,  and  be  published  in  such  manner  as  the  General  Assembly 
may  direct.  The  clerk  and  reporter  shall  hold  their  respective  offices 
for  the  term  of  six  years,  subject  to  removal  by  the  Court  for  cause. 

Section  Nineteen.  A  county  clerk  shall  be  elected  by  the  qualified 
electors  in  each  organized  county  in  this  State,  for  the  term  of  four 

(  876  ) 


Art.  7.] 


STATE  OF  ARKANSAS. 


(4)  vears  and  shall  perform  such  duties,  and  receive  such  fees  as  are 
now  or  may  hereafter  be  prescribed  by  law. 

Section  Twenty.  In  each  township  in  this  State  there  shall  be 
elected  by  the  qualified  electors  thereof  two  (2 )  Justices  of  the  Peace, 
who  shall  hold  their  offices  for  the  term  of  four  (4)  years ;  Frovklerl, 
That  irr  such  townships  as  may  contain  more  than  two  hundred  (200) 
qualified  electors  an  additional  justice  of  the  peace  may  be  chosen. 
Justices  of  the  peace  shall  have  exclusive  original  jurisdiction  in  all 
actions  of  contract  and  replevin  where  the  amount  in  controversy 
does  not  exceed  two  hundred  ('200)  dollars,  and  concurrent  jurisdic- 
tion with  the  Circuit  Court  where  the  amount  in  controversy  does 
not  exceed  five  hundred  (500  )  dollars.  In  criminal  causes  the  juris- 
diction of  justices  of  the  peace  shall  extend  to  all  matters  less  than 
felony  for  final  determination  and  judgment. 

Section  Twenty-one.  Any  suitor  in  any  court  of  this  State  shall 
have  the  right  to  prosecute  or  defend  his  suit  either  in  his  own 
proper  person  or  by  attorney. 

Section  Twenty-two.  In  the  courts  of  this  State  there  shall  be  no 
exclusion  of  any  witness  in  civil  actions  because  he  is  a  partv  to. 
or  is  interested  in  the  issue  to  be  tried,  and  no  person  convicted  of 
infamous  crime  shall  be  a  competent  witness  in  any  cause  without 
the  consent  of  both  parties  to  the  controversy  ;  Provided.  That  in 
actions  by  or  against  executors,  administrators  or  guardians,  in 
which  judgment  may  be  rendered  for  or  against  them,  neither  party 
shall  be  allowed  to  testify  against  the  other  as  to  any  transactions 
with  or  statements  to  the  testator,  intestate  or  ward,  unless  called 
to  testify  thereto  by  the  opposite  party,  or  required  to  testify  thereto 
by  the  court.  The  judges  of  the  supreme  and  all  inferior  courts 
shall  be  conservators  of  the  peace  throughout  their  respective 
jurisdictions. 


(  877  ) 


CONSTITUTION  OF  THE 


[Art.  8. 


ARTICLE  VIII. 

*  Franchise. 

Section  One.  In  all  elections  by  the  people  the  electors  shall  vote 
by  ballot. 

Section  Two.  Every  male  person  born  in  the  United  St^iteSj  and 
every  male  person  who  has  been  naturalized,  or  has  legally  declared 
his  intention  to  become  a  citizen  of  the  United  States,  who  is  twenty- 
one  (21)  3^ears  old  or  upwards,  and  who  shall  have  resided  in  the 
State  six  (6)  months  next  preceding  the  election,  and  who  at  the 
time  is  an  actual  resident  of  the  county  in  which  he  offers  to  vote, 
except  as  hereinafter  provided,  shall  be  deemed  an  elector;  Pro- 
vided^ No  soldier,  or  sailor,  or  marine,  in  the  military  or  naval  ser- 
vice of  the  United  States,  shall  acquire  a  residence  by  reason  of  being 
stationed  on  duty  in  the  State. 

Section  Thkee.  The  following  classes  shall  not  be  permitted  to 
register,  or  vote,  or  hold  office,  viz : 

1st.  Those  who  during  rebellion  took  the  oath  of  allegiance,  or 
gave  bonds  for  loyalty  and  good  behavior  to  the  United  States  gov- 
ernment, and  afterwards  gave  aid,  comfort  or  countenance  to  those 
engaged  in  armed  hostility  to  the  government  of  the  United  States, 
either  by  becoming  a  soldier  in  the  rebel  army  or  by  entering  the 
lines  of  said  army,  or  adhering  in  any  w^ay  to  the  cause  of  rebellion, 
or  by  accompanying  any  armed  force  belonging  to  the  rebel  army, 
or  by  furnishing  supplies  of  any  kind  to  the  same. 

2nd.  Those  who  are  disqualified  as  electors,  or  from  holding  office 
in  the  State  or  States  from  which  they  came. 

3d.  Those  persons  who  during  the  late  rebellion  violated  the  rules 
of  civilized  warfare. 

4th.  Those  who  may  be  disqualified  by  the  proposed  amendment 
to  the  Constitution  of  the  United  States,  known  as  Article  XIY, 
and  those  who  have  been  disqualified  from  registering  to  vote  for 

(  878  ) 


Art.  S.] 


STATE  OF  ARKANSAS. 


delegates  to  the  Convention  to  frame  a  Constitution  for  the  State  of 
Arkansas,  under  the  act  of  Congress  entitled  "  An  act  to  provide  for 
the  more  efficient  government  of  the  rebel  States.""  passed  March  2nd. 
186 7.  and  the  acts  supplementary  thereto. 

5th.  Those  who  have  been  convicted  of  treason.  embezzlement*of 
public  funds,  malfeasance  in  office,  crimes  punishable  by  law  with 
imprisonment  in  the  penitentiary,  or  bribery. 

6th.  Those  who  are  idiots  or  insane. 

Provided.  That  all  persons  included  in  the  1st.  2nd.  3d  and  -Itln 
sub-divisions  of  this  section,  who  have  openly  advocated  or  who 
have  voted  for  the  reconstruction  proposed  by  Congress,  and  accept 
the  equality  of  all  men  before  the  hiw.  shall  be  deemed  qualified  elec- 
tors under  this  Constitution. 

Section  Four.  The  General  Assembly  shall  luive  -the  power,  by 
a  two-tliirds  vote  of  each  house,  approved  by  the  Governor,  to  re- 
move the  disabilities  included  in  the  1st.  2nd.  3d  and  Irtli.  sub-divis- 
ions of  section  three.  [Z]  of  this  article  when  it  appears  that  such 
person  applying  for  relief  from  such  disabilities,  has  in  good  laith 
returned  to  his  allegiance  to  the  government  of  the  United  States  ; 
Proi'ided.  the  General  Assembly  shall  have  no  power  to  remove  the 
disabilities  of  any  person  embraced  in  the  aforesaid  sub-divisions 
who.  after  the  adoption  of  this  Constitution  by  this  Convention,  per- 
sists  in  opposing  the  acts  of  Congress  and  Reconstruction  thereunder. 

Sectiox  Five.  All  persons  before  registering  or  voting  must  take 

and  subscribe  the  following  oath:  ••'I.  .  do  solemnly  swear  (or 

affirm.)  that  I  will  support  and  maintain  the  Constitution  and  laws 
of  the  United  States,  and  the  Constitution  and  laws  of  the  State  of 
Arkansas  :  that  I  am  not  excluded  from  registering  or  voting  by  any 
of  the  clauses  of  the  first,  second,  third  or  fourth  sub-divisions  of 
Article  VIII  of  the  Constitution  of  the  State  of  Arkansas  ;  that  I  will 
never  countenance  or  aid  in  the  secession  of  this  State  from  the 
United  States  :  that  I  accept  the  civil  and  political  equality  of  all 
men.  and  agree  not  to  attempt  to  deprive  any  person  or  persons,  on 
account  of  race,  color  or  previous  condition,  of  any  political  or  civil 
right,  privilege  or  immunity  enjoyed  by  any  other  class  of  men; 

(  S79  J 


CONSTITUTION  OF  THE  [Art.  9. 


and,  furthermore,  that  I  will  not  in  any  way  injure,  countenance 
in  others  any  attempt  to  injure  any  person  or  persons  on  account 
of  past  or  present  support  of  the  government  of  the  United  States, 
the  laws  of  the  United  States  or  the  principle  of  the  political  and 
civil  equality  of  all  men,  or  for  affiliation  with  any  political  party." 
Provided^  That  if  any  person  shall  knowingly  and  falsely  take  any 
oath  in  this  Constitution  prescribed,  such  person  so  offending,  and 
being  thereof  duly  convicted  shall  be  subject  to  the  pains,  penalties 
and  disabilities,  which,  by  law  are  provided  for  the  punishment  of 
the  crime  of  wilful  and  corrupt  perjury. 

Section  Six.  Electors  shall  in  all  cases  except  treason,  felony,  or 
breach  of  the  peace  be  privileged  from  arrest  and  civil  process  during 
their  attendance  at  elections,  and  in  going  to  and  returning  from  the 
same. 

Section  Seven.  It  shall  be  the  duty  of  the  General  Assembly  to 
enact  adequate  laws  giving  protection  against  the  evils  arising  from 
the  use  of  intoxicating  liquors  at  elections. 

ARTICLE  IX. 

Education. 

Section  One.  A  general  diffusion  of  knowledge  and  intelligence 
among  all  classes,  being  essential  to  the  preservation  of  the  rights 
and  liberties  of  the  people ;  the  General  Assembly  shall  establish 
and  maintain  a  system  of  free  schools,  for  the  gratuitous  instruction 
of  all  persons  in  this  State,  between  the  ages  of  five  (5)  and  twenty- 
one  (21)  years,  and  the  funds  appropriated  for  the  support  of  com- 
mon schools  shall  be  distributed  to  the  several  counties,  in  proportion 
to  the  number  of  children  and  youths  therein  between  the  ages  of  five 
(5)  and  twenty-one  (21)  years,  in  such  manner  as  shall  be  prescribed 
by  law,  but  no  religious  or  other  sect  or  sects  shall  ever  have  any 
exclusive  right  to,  or  control  of  any  part  of  the  school  funds  of  this 
State. 

(  880  ) 


Art.  9.]  STATE  OF  ARKANSAS. 

Sectiox  Two.  The  supervision  of  public  schools  shall  be  vested 
in  a  Superintendent  of  Public  Instruction,  and  such  other  officers  as 
the  General  Assembly  shall  provide.  The  Superintendent  of  Public 
Instruction  shall  receive  such  salary,  and  perform  such  duties  as 
shall  be  prescribed  by  law. 

Sectiox  Three.  The  General  Assembly  shall  establish  and  main- 
tain a  State  University,  with  departments  fur  instruction  in  teach- 
ing, in  agriculture,  and  the  natural  sciences  as  soon  as  the  public 
school  fund  will  permit. 

Sectiov  Pour.  The  proceeds  of  all  lands  that  have  been  or  here- 
after may  be  granted  by  the  L  nited  States  to  this  State,  and  not 
otherwise  appropriated  by  the  United  States  or  this  State,  also  all 
mines,  stocks,  bonds,  lands  and  other  property,  now  belonging  to 
any  fund  for  purposes  of  education,  also  the  nett  proceeds  of  all  sales 
of  lands  and  other  property  and  efiects  that  may  accrue  to  this  State 
by  esclieat.  or  from  sales  of  estrays.  or  from  unclaimed  dividends, 
or  distributive  shares  of  the  estates  of  deceased  persons,  or  from  fines, 
penalties  or  forfeitures,  also  any  proceeds  of  the  sales  of  public  lands 
which  may  have  been  or  may  be  hereafter  paid  over  to  this  State 
(Congress  cunsenting.)  also  all  the  grants,  gifts,  or  devises  that  have 
been  or  hereafter  may  be  made  to  this  State  arrd  not  otherwise  ap- 
propriated by  the  terms  of  the  grant,  gift  or  devise  shall  be  securely 
invested  and  sacredly  preserved  as  a  puljlic  school  fund,  which  shall 
be  the  common  property  of  the  State.    The  annual  income  of  which 
fund  together  with  one  d  i  dollar  per  co.pUa  to  be  annually  assessed 
on  every  male  inhabitant  of  this  State,  over  the  age  of  twenty-one 
('2Ui  years,  and  so  much  of  the  ordinary  annual  reventie  of  the  State 
as  may  be  necessary,  shall  be  faithfully  appropriated  for  establishing 
and  maintaining  the  free  schools  and  the  University,  in  this  article 
provided  for.  and  for  no  other  uses  or  purposes  whatever. 

Sectiox  Pive.  Xo  part  of  the  Puljlic  school  fund  shall  be  invested 
in  the  stocks,  or  bonds,  or  other  obligations  of  any  State,  or  any 
Coimty.  City,  town  or  corporation.  The  stocks  belonging  to  any 
school  fund  or  University  fund,  shall  be  sold  in  such  manner,  and 
at  such  times  as  the  General  Assemldy  shall  prescribe,  and  the  pro- 

56  (  SSI  ) 


CONSTITUTION  OF  THE 


[Art.  10. 


ceeds  thereof,  and  the  proceeds  of  the  sales  of  any  lands  or  other 
property  which  now  belongs  or  may  hereafter  belong  to  said  school 
fund  may  be  invested  in  the  bonds  of  the  United  States. 

Section  Six.  No  Township  or  school  district  shall  receive  any 
portion  of  the  public  school  fund,  unless  a  free  school  shall  have 
been  kept  therein  for  not  less  than  three  (3)  months  during  the 
year,  for  which  distribution  thereof  is  made.  The  General  Assembly 
shall  require  by  law,  that  every  child  of  sufficient  mental  and  phys- 
ical ability,  shall  attend  the  public  schools  during  the  period  between 
the  ages  of  five  (5)  and  eighteen  (18)  years,  for  a  term  equivalent 
to  three  (3)  years  unless  educated  by  other  means. 

Section  Seven.  In  case  the  public  school-fund  shall  be  insufficient 
to  sustain  a  free  school  at  least  three^(3)  months  in  every  year  in 
each  school  district  in  this  State,  the  General  Assembly  shall  provide 
by  law,  for  raising  such  deficiency  by  levying  such  tax  upon  all 
taxable  property  in  each  County,  Township  or  school  district  that 
may  be  deemed  proper. 

Section  Eight.  The  General  Assembly  shall  as  far  as  can  be  done 
without  infringing  upon  vested  rights,  reduce  all  lands,  monies,  or 
other  property,  used  or  held  for  school  purposes  in  the  various  Coun- 
ties of  this  State,  into  the  public  school  fund  herein  provided  for: 

Section  Nine.  Provision  shall  also  be  made,  by  general  laws,  for 
raising  such  sum  or  sums  of  money  by  taxation,  or  otherwise  in  each 
school  district  as  may  be  necessary  for  the  building  and  furnishing 
of  a  sufficient  number  of  suitable  school  houses  for  the  accommo- 
dation of  all  the  pupils  within  the  limits  of  the  several  school 
districts. 

ARTICLE  X. 

Finances,  Taxation,  Public  Debt  and  Expenditures. 

Section  One.  The  levying  of  taxes  by  the  poll  is  grievous  and 
oppressive ;  therefore  the  General  Assembly  shall  never  levy  a  poll 
tax  excepting  for  school  purposes. 
(  882  ) 


Aet.  10.]  STATE  OF  AEKAXSAS. 

Sectiox  Ttto.  Laws  shall  be  passed  taxing  by  a  uniform  rule  all 
niohev  credit,  investments  in  bonds,  joint  stock  companies  or  other- 
wise: and  also  all  real  and  personal  property  according  to  its  true 
value  in  money :  but  burying  grounds,  public  school  houses,  houses 
used  exclusively  for  public  worship,  institutions  of  purely  public 
charitv.  public  property  used  exclusively  for  any  public  pm^pose. 
shall  never  be  taxed.  Eeal  estate  shall  be  appraised  at  least  once 
every  five  ( 5 )  years,  by  an  appraiser  to  be  provided  for  by  law  at 
its  true  value  in  money.  Personal  property  shall  be  appraised  in 
such  manner  as  may  be  provided  by  law  at  its  true  value  in  money, 
but  the  General  Assembly  may  exempt  from  taxation  personal  prop- 
erty to  the  value  of  five  hundred  l  OUOi  dollars  to  each  tax  payer. 

Sectiox  Three.  The  General  Assembly  shall  provide  by  law.  for 
taxing  the  notes  and  bills  discounted  or  purchased,  moneys  loaned, 
and  all  other  property,  efiects  or  dues  of  every  description,  without 
deduction,  of  all  banks  now  existing,  or  hereafter  created,  and  of  all 
bankers,  so  that  all  property  employed  in  banking,  shall  always  bear 
a  burden  of  taxation  ecjual  to  that  imposed  on  other  property  of  indi- 
viduals. 

Sectiox  Four.  The  General  Assemby  shall  provide  for  raising 
revenue  sufiicient  to  defray  the  expenses  of  the  State,  for  each  year : 
and  also  a  sufficient  sum  to  pay  the  interest  on  the  State  debt. 

Sectiox  Fite.  Xo  tax  shall  be  leaned  except  in  pursuance  of  law: 
and  every  law  imposing  a  tax  shall  state  distinctly  the  object  of  the 
same. 

Section  Six.  The  credit  of  the  State  or  counties,  shall  never  be 
loaned  for  any  purpose  without  the  consent  of  the  people  thereof, 
expressed  through  the  ballot  box. 

Section  Setex.  The  General  Assembly  may  require  the  exhibit 
of  receipts  and  expenditures  of  State  and  county  officers  at  such 
time  and  manner  as  may  be  prescribed  by  law. 

Section  Eight.  Xo  money  shall  be  paid  out  of  the  treasury,  until 
the  same  shall  have  been  appropriated  by  law. 

Section  Nine.  The  State  may  contract  debts  to  supply  casual  de- 
ficits or  failures  in  revenues,  or  to  meet  expenses  not  otherwise  pro- 

(  SS3  ) 


CONSTITUTION  OF  THE  [Art.  10. 


vided  for;  and  the  money  arising  from  the  creation  of  such  debts 
shall  be  appropriated  to  the  purposes  for  which  it  was  obtained  or 
to  pay  the  debt  so  contracted,  and  to  no  other. 

Section  Ten.  In  addition  to  the  above  power  the  State  may  con- 
tract debts  to  repel  invasion,  suppress  insurrection,  preserve  the 
public  peace,  defend  the  State  in  time  of  war,  or  to  redeem  the  present 
outstanding  indebtedness  of  the  State ;  but  the  money  arising  from 
the  contracting  of  such  debts  shall  be  applied  to  the  purpose  for 
which  it  was  raised,  and  no  other,  and  all  debts  incurred  to  redeem 
the  present  outstanding  indebtedness  of  the  State,  shall  be  so  con- 
tracted as  to  be  payable  by  the  sinking  fund  hereinafter  provided 
for,  as  the  same  shall  accumulate. 

Section  Eleven.  The  faith  of  the  State  being  pledged  for  the  pay- 
ment of  its  debt,  in  order  to  provide  therefor,  there  shall  be  created 
a  sinking  fund;  which  shall  be  sufficient  to  pay  the  accruing  interest 
on  such  debt,  and  annually  to  reduce  the  same.  The  said  sinking 
fund  shall  consist  of  such  nett  earnings  and  profits,  of  public  insti- 
tutions, bonds,  stocks  or  other  property  of  the  State,  or  of  any  other 
funds  or  resources,  that  are  or  may  be  provided  by  law. 

Section  Twelve.  The  Governor,  Secretary  of  State  and  Attorney 
General,  are  hereby  created  a  Board  of  Commissioners  to  be  styled 
"the  Commissioners  of  the  Sinking  Fund." 

Section  Thirteen.  The  Commissioners  of  the  Sinking  Fund  shall, 
immediately  preceding  each  regular  session  of  the  General  Assem- 
bly, make  an  estimate  of  the  probable  amount  of  the  fund  provided 
by  the  eleventh  (11th)  section  of  this  article,  from  all  sources,  except 
from  taxation  and  report  the  same,  together  with  all  their  proceed- 
ings relative  to  said  fund  and  the  public  debt,  and  transmit  the  same 
to  the  General  Assembly,  and  the  General  Assembly  shall  make  all 
necessary  provisions  for  raising  and  disbursing  said  sinking  fund,  in 
pursuance  of  the  provisions  of  this  article. 

Section  Fourteen.  It  shall  be  the  duty  of  said  Commissioners 
faithfully  to  apply  in  such  manner  as  the  General  Assembly  may  by 
law  direct,  said  fund,  together  with  all  moneys  that  may  be,  by  the 
General  Assembly,  appropriated  to  that  object,  to  the  payment  of  the 

(  884  ) 


Art.  11.] 


STATE  OF  ARKANSAS. 


interest  as  it  becomes  due  and  the  redem23tion  of  the  principal  of  the 
public  debt  of  the  State,  excepting  only  school  and  trust  funds  held 
by  the  State. 

Sectiox  Fifteex.  The  principal  arising  from  the  sale  of  all  lands 
donated  to  the  State  for  school  purposes,  shall  be  paid  into  the 
treasury,  and  the  State  shall  pay  interest  thereon,  for  the  support  of 
schools,  at  the  rate  of  six  (6)  per  cent  per  annum. 

Sectiox  Sixteex.  The  State  shall  never  assume  the  debts  of 
county,  town,  city  or  other  corporations,  unless  such  debts  have 
been  created  to  repel  invasion,  suppress  insurrection,  or  to  provide 
for  the  public  welfare  and  defense. 

Sectiox  Sevexteex.  The  General  Assembly  shall  tax  all  privi- 
leges, pursuits  and  occupations,  that  are  of  no  real  use  to  society:  all 
others  shall  be  exempt,  and  the  amount  thus  raised  shall  be  paid  into 
the  treasury. 

ARTICLE  XI. 
Militia. 

Sectiox  Oxe.  All  able  bodied  electors  in  this  State,  shall  be 
liable  to  military  duty  in  the  militia  of  this  State,  but  all  citizens  of 
any  denomination  whatever  who  from  scruples  of  conscience,  may 
be  adverse  to  bearing  arms,  shall  be  exempt  therefrom,  upon  such 
conditions  as  may  be  prescribed  by  law. 

Sectiox  Two.  The  General  Assembly  shall  provide  for  organizing, 
equip  (p)ing  and  disciplining  the  militia  in  such  manner  as  it  shall 
deem  expedient,  not  incompatible  with  the  laws  of  the  United  States, 

Sectiox  Three.  The  Governor  shall  be  Commander-in-Chief,  and 
shall  have  power  to  call  out  the  militia  to  execute  the  laws,  to 
suppress  insurrection,  to  repel  invasion,  and  to  preserve  the  public 
peace. 


(  8S.3  ) 


CONSTITUTION  OF  THE  [Art.  12. 


ARTICLE  XII. 

Exempted  Property. 

Section  One.  The  personal  property  of  any  resident  of  this  State, 
to  the  value  of  two  thousand  (2000)  dollars,  to  be  selected  by  such 
resident,  shall  be  exempted  from  sale  on  execution  or  other  final 
process  of  any  court,  issued  for  the  collection  of  any  debt,  contracted 
after  the  adoption  of  this  Constitution. 

Section  Two.  Hereafter  the  homestead  of  any  resident  of  this 
State,  who  is  a  married  man  or  head  of  a  family  shall  not  be  encum- 
bered in  any  manner  while  owned  by  him,  except  for  taxes,  laborers 
and  mechanic's  liens,  and  security  for  the  purchase  money  thereof. 

Section  Three,  Every  homestead  not  exceeding  one  hundred  and 
sixty  (160)  acres  of  land,  and  the  dwelling  and  appurtenances 
thereon ;  to  be  selected  by  the  owner  thereof,  and  not  in  any  town, 
city  or  village ;  or  in  lieu  thereof,  at  the  option  of  the  owner ;  any 
lot  in  a  city,  town,  or  village,  with  the  dwelling  and  appurtenances 
thereon,  owned  and  occupied  by  any  resident  of  this  State,  and  not 
exceeding  the  value  of  five  thousand  dollars  shall  be  exempted  from 
sale  on  execution  or  any  other  final  process  from  any  court;  but  no 
property  shall  be  exempt  from  sale  for  taxes,  for  the  payment  of  obli- 
gations contracted  for  the  purchase  of  said  premises,  for  the  erection 
of  improvements  thereon,  or  for  labor  j)erformed  for  the  owner 
thereof.  Provided;  That  the  benefit  of  the  homestead  herein  pro- 
vided for,  shall  not  be  extended  to  persons,  who  may  be  indebted 
for  dues  to  the  State,  county,  township,  school  or  other  trust  funds. 

Section  Four.  If  the  owner  of  a  homestead  die  leaving  a  widow; 
but  no  children  the  same  shall  be  exempt,  and  the  rents  and  profits 
thereof,  shall  accrue  to  her  benefit,  during  the  time  of  her  widow- 
hood, unless  she  be  the  owner  of  a  homestead  in  her  own  right. 

Section  Five.  The  homestead  of  a  family  after  the  death  of  the 
owner  thereof,  shall  be  exempt  from  the  payment  of  his  debts  in 
all  cases,  during  the  minority  of  his  children,  and  also,  so  long  as  his 

(  886  ) 


Art.  13.]  STATE  OF  ARKANSAS. 


widow  shall  remain  unmarried^  unless  she  be  the  owner  of  a  home- 
stead in  her  own  right. 

Section  Six.  The  real  and  personal  property  of  any  female,  in 
this  State,  acquired  either  before  or  after  marriage,  whether  by  gift, 
grant,  inheritance,  devise,  or  otherwise,  shall  so  long  as  she  may 
choose;  be  and  remain  the  sep(a)rate  estate  and  property  of  such 
female,  and  may  be  devised,  or  bequeathed  by  her,  the  same  as  she 
were  a  femme  sole.  Laws  shall  be  passed  providing  for  the  regis- 
tration of  the  wife's  sep(a)rate  property,  and  when  so  registered; 
and  so  long  as  it  is  not  entrusted  to  the  management  or  control  of 
her  husband,  otherwise  tkan  as  an  agent,  it  shall  not  be  liable  for 
any  of  his  debts,  engagements  or  obligations. 

ARTICLE    XII 1. 
Amendments  to  the  Constitution. 

Section  One.  Any  amendments  to  this  Constitution  may  be  pro- 
posed in  either  House  of  the  General  Assembly;  and  if  the  same, 
shall  be  agreed  to,  by  a  majority  of  the  members  elected  to  each  of  the 
two  (2)  Houses ;  such  proposed  amendment  shall  be  entered  on  their 
journals,  with  the  yeas,  and  nays,  taken  thereon,  and  ref[f] erred 
to  the  Legislature,  to  be  chosen  at  the  next  general  election  and 
shall  be  published  as  provided  by  law,  for  three  (3)  months  pre- 
vious, to  the  time  of  making  such  choice,  and  if  in  the  General  As- 
sembly so  next  chosen  as  aforesaid,  such  proposed  amendment,  or 
amendments,  shall  be  agreed  to,  by  a  majority  of  all  the  members 
elected  to  each  House,  then  it  shall  be  the  duty  of  the  General  As- 
sembly, to  submit  such  proposed  amendment,  or  amendments,  to 
the  people  in  such  manner,  and  at  such  times  as  the  General  As- 
sembly shall  provide;  and  if  the  people  shall  approve  and  ratify  such 
amendment  or  amendments,  by  a  majority  of  the  electors,  qualified 
to  vote  for  members  of  the  General  Assembly  voting  thereon,  such 
amendment  or  amendments,  shall  become  a  part  of  the  Constitution 
of  this  State. 

(  887  ) 


CONSTITUTION  OF  THE 


[Art.  14. 


Section"  Two.  If  two  or  more  amendments  shall  be  submitted  at 
the  same  time,  they  shall  be  submitted  in  such  manner  that  the  elec- 
tors, shall  vote  for,  or  against,  each  of  said  amendments  sep(a)rately. 

AETICLE   XI Y. 
Apportionments. 

Section  One.  The  Congressional  districts  shall  remain  as  they 
now  are  :  Provided,  That  the  General  Assembly  may  at  the  first 
session  held  after  the  adoption  of  this  Constitution,  re-district  the 
State  for  Congressional  purposes. 

Section  Two.  Until  after  the  apportionment,  as  herein  provided 
for,  the  Senatorial  and  Representative  Districts  shall  be  composed 
of  the  following  counties,  to-wit;  The  1st  of  Jackson,  Craighead, 
Poinsett,  Cross  and  Mississippi;  2nd  of  Lawrence,  Randolph  and 
Greene ;  3d  of  Madison,  Marion,  Carroll,  Fulton  and  Izard ;  4th  of 
Independence  and  Yan  Buren ;  5th  of  Searcy,  Pope  and  Conway ; 
6th  of  Newton,  Johnson  and  Yell ;  7th  of  Washington  and  Benton ; 
8th  of  Crawford,  Franklin  and  Sebastian  ;  9th  of  Crittenden,  St. 
Francis  and  Woodruff;  10th  of  Pulaski  and  White;  11th  of  Phil- 
lips and  Monroe ;  12th  of  Prairie  and  Arkansas ;  13th  of  Scott,  Polk, 
Montgomery  and  Hot  Springs;  14th  of  Hempstead;  15th  of  Lafayette 
and  Little  River;  16th  of  Union  and  Calhoun;  17th  of  Clark,  Pike 
and  Sevier;  18th  of  Columbia;  19th  of  Ouachita;  20th  of  Jefferson 
and  Bradley;  21st  of  Dallas,  Saline  and  Perry;  22nd  of  Ashley, 
Chicot,  Drew  and  Desha.  The  Senators  and  Representatives  shall 
be  apportioned  among  the  several  Senatorial  and  Representative  Dis- 
tricts as  follows,  to-wit : 

1st  district — 1  Senator  and  4  Representatives. 

2nd      "       1  "    3  " 

3d        u        I        U       U    ^  u  ^ 

4th  "  1  "  " 

5th  "  1  "  3  " 

6th  "  1  ^'      "    3  " 

(  888  ) 


Art.  15.] 


STATE  OF  ARKANSAS. 


7th  district — 1  Senator  and  4  Representatives. 


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ARTICLE  XV. 

Miscellaneous  Provisions. 

Section  One.  The  President  of  the  Convention  shall,  immediately 
after  the  adjournment  thereof,  cause  this  Constitution  to  be  deposited 
in  the  ofiice  of  the  Secretary  of  State,  and  shall  transmit  a  copy  of 
the  same  to  the  President  of  the  United  States,  to  be  by  him  laid 
before  the  Congress  of  the  United  States. 

Section  Two.  In  all  cases  not  otherwise  provided  for  in  this  Con- 
stitution, the  General  Assembly  may  determine  the  mode  of  filling 
all  vacancies  in  all  offices,  and  of  choosing  all  necessary  officers,  and 
shall  define  their  respective  powers  and  duties,  and  provide  suitable 
compensation  for  all  officers. 

Section  Three.  All  general  elections  shall  be  held  on  the  Tuesday 
succeeding  the  first  (1st)  Monday  in  November,  and  shall  be  biennial, 
commencing  at  the  general  election  of  A.D.  1868;  but  all  officers 

(  889  ) 


CONSTITUTION  OF  THE  [Art.  15. 


elected  under  the  provisions  of  this  Constitution  and  schedule,  except 
Members  of  Congress,  at  the  election  commencing  on  the  13th  day  of 
March  1868,  shall  hold  and  continue  in  office  in  accordance  with 
the  provisions  of  this  Constitution  the  same  as  though  elected  at  the 
general  election,  to  be  held  on  the  Tuesday  succeeding  the  first  Mon- 
day in  November,  1868;  and  no  election  shall  be  held  for  said  officers 
at  the  election  of  1868. 

Section  Four.  All  chartered  cities  and  villages  under  the  laws  of 
this  State,  shall  hold  their  municipal  elections  for  the  year  1868,  at 
such  times  and  places  as  may  be  provided  in  this  Constitution,  and 
the  schedule  of  the  same. 

Section  Five.  The  term  of  office  of  all  township  and  precinct 
officers  shall  expire  thirty  (30)  days  after  this  Constitution  goes  into 
effect,  and  the  Governor  shall  thereafter  appoint  such  officers  whose 
term  of  office  shall  continue  until  the  General  Assembly  shall  pro- 
vide by  law  for  an  election  of  said  officers. 

Section  Six.  Until  the  General  Assembly  shall  otherwise  provide, 
a  prosecuting  attorney  for  each  judicial  circuit  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  who 
shall  hold  his  office  for  the  term  of  four  (4)  years,  and  until  his  suc- 
cessor is  chosen  and  qualified  :  Provided,  That  the  General  Assembly 
shall  not  interfere  with  the  term  of  any  appointed  prosecuting  at- 
torney. 

Section  Seven.  The  compensation  of  Senators  and  Representatives 
shall  be  six  (6)  dollars  per  diem,  during  the  first  session  after  the 
adoption  of  this  Constitution,  but  may  afterwards  be  prescribed  by 
law  :  Provided,  No  increase  of  compensation  shall  be  prescribed  which 
shall  take  effect  until  the  period  for  which  the  members  of  the  House 
of  Representatives  then  existing  shall  have  expired. 

Section  Eight.  Senators  and  Representatives  shall  receive  twenty 
(20)  cents* for  each  mile  necessarily  travelled  in  going  to,  and  return- 
ing from  the  seat  of  government,  in  attending  each  session  of  the 
General  Assembly,  until  otherwise  provided  by  law. 

Section  Nine.  All  salaries,  fees  and  per  diem,  or  other  compen- 
sation of  all  State,  county,  town  or  other  officers  within  the  State, 

(  890  ) 


Art.  15.]  STATE  OF  AEKANSAS. 

shall  be  payable  in  such  funds  as  may  by  law  be  receivable  for  State 
taxes. 

Section  Ten.  Any  public  fund  set  apart  by  the  General  Assembly 
for  one  (1)  purpose,  shall  not  be  used  for  another  unless  in  each  case 
otherwise  specially  authorized  by  law. 

Section  Eleven.  This  Convention  shall  appoint  not  more  than 
three  (3)  persons,  learned  in  the  law,  whose  duty  it  shall  be  to  revise 
and  re-arrange  the  statute  laws  of  this  State,  both  civil  and  criminal, 
so  as  to  have  but  one  law  on  any  one  subject;  and,  also,  three 
other  persons  learned  in  the  law,  whose  duty  it  shall  be  to  prepare  a 
code  of  practice  for  the  courts,  both  civil  and  criminal  in  this  State, 
by  abridging  and  simplifying  the  rules  of  practice  and  laws  in  rela- 
tion thereto ;  all  of  whom  shall,  at  as  early  a  day  as  practicable, 
report  the  result  of  their  labors  to  the  General  Assembly  for  their 
adoption  or  modification.  The  General  Assembly  shall  provide  suit- 
able compensation  for  said  persons  appointed  as  aforesaid. 

Section  Twelve.  No  county  now  established  by  law  shall  ^ver 
be  reduced  by  the  establishment  of  any  new  county  or  counties,  to 
less  than  six  hundred  (600)  square  miles ;  nor  shall  any  county  be 
hereafter  established  which  shall  contain  less  than  six  hundred  (600) 
square  miles. 

Section  Thirteen.  No  indenture  of  any  person  hereafter  made 
and  executed  out  of  this  State,  or  if  made  in  this  State,  where  the 
term  of  service  exceeds  one  (1)  year,  shall  be  of  the  least  validity, 
except  those  given  in  cases  of  apprenticeship,  which  shall  not  be  for 
a  longer  term  than  until  the  apprentice  shall  arrive  at  the  age  of 
twenty-one  (21)  years,  if  a  male,  or  eighteen  (18)  years  if  a  female. 

Section  Fourteen.  All  contracts  for  the  sale  or  purchase  of  slaves 
are  null  and  void,  and  no  Court  of  this  State  shall  take  cognizance 
of  any  suit  founded  on  such  contracts ;  nor  shall  any  amount  ever 
be  collected  or  recovered  on  any  judgment  or  decree  which  shall  have 
been,  or  which  hereafter  may  be,  rendered  on  account  of  any  such 
contract  or  obligation  on  any  pretext,  legal  or  otherwise. 

Section  Fifteen.  There  shall  be  a  great  seal  of  the  State  which 
shall  be  kept  and  used  oflicially  by  the  Secretary  of  State,  and  the 

(  891  ) 


CONSTITUTION  OF  THE 


[Art.  15. 


seal  heretofore  in  use  in  this  State,  shall  continue  to  be  the  great 
seal  of  the  State,  until  another  shall  have  been  adopted  by  the  Gen- 
eral Assembly. 

Section  Sixteen.  Private  seals  are  hereby  abolished,  and  hereafter 
no  distinction  shall  exist  between  sealed  and  unsealed  instruments, 
concerning  contracts  between  individuals.  All  laws  of  this  State 
not  in  conflict  with  this  Constitution,  shall  remain  in  full  force 
until  otherwise  provided  by  the  General  Assembly,  or  until  they 
expire  by  their  own  limitation.  Nothing  herein  shall  be  construed 
to  impair  vested  rights  under  provisions  of  existing  laws. 

Section  Seventeen.  All  officers  of  this  State,  executive,  legislative 
and  judicial,  before  they  enter  upon  the  duties  of  their  respective 

offices,  shall  take  the  following  oath  :  "I,  ,  do  solemnly  swear, 

(or  affirm,)  that  I  am  not  disfranchised  by  the  Constitution  or  laws 
of  the  United  States,  or  the  Constitution  of  the  State  of  Arkansas, 
that  I  will  honestly  and  faithfully  support  and  defend  the  Consti- 
tution and  laws  of  the  United  States,  the  Union  of  States,  and  the 
Constitution  and  laws  of  the  State  of  Arkansas,  and  that  I  will 
honestly  and  faithfully  discharge  the  duties  of  the  office  on  which  I 
am  about  to  enter,  to  the  best  of  my  ability.    So  help  me  God." 

Section  Eighteen.  The  term  of  all  officers  elected  or  appointed 
under  the  provisions  of  this  Constitution  shall  expire  on  the  first 
day  of  January,  1873,  unless  herein  otherwise  provided. 

Section  Nineteen.  No  one  shall  be  precluded  from  being  elected 
or  appointed  to  any  office  by  reason  of  having  been  a  delegate  to 
this  Convention,  or  an  officer  of  the  same. 

Section  Twenty.  No  person  shall  be  allowed  or  qualified  to  sit  on 
any  jury  who  is  not  a  qualified  elector. 

Section  Twenty-one.  The  General  Assembly  may  by  general  law, 
declare  the  legal  rate  of  interest  upon  contracts  in  which  no  rate  of 
interest  is  specified,  but  no  law  limiting  the  rate  of  interest  for  which 
individuals  may  contract  in  this  State,  shall  ever  be  passed. 

Section  Twenty-two.  All  Judges  and  Clerks  of  Election  appointed 
under  provisions  of  this  Constitution,  shall  take  and  subscribe  to  the 
oath  of  an  elector  as  provided  in  Section  5,  of  Article  VIII  before 

(  892  ) 


Schedule.]  STATE  OF  ARKANSAS. 


they  enter  upon  the  duties  of  said  offices;  and  said  Judges  are  hereby 
authorized  to  administer  the  oath  to  each  other  and  to  the  Clerks ; 
also  to  administer  the  same  to  all  electors  offering  to  vote.  Said 
Judges  and  Clerks  shall  also  swear  to  discharge  their  respective 
duties  to  the  best  of  their  ability  according  to  law.  Judges  of  elec- 
tion may  appoint  a  suitable  number  of  persons,  who  shall,  with  them- 
selves, be  conservators  of  the  peace,  and  they  are  hereby  empowered  , 
'to  arrest  all  offenders.  Any  one  refusing  to  act  as  such  when  called 
on  by  the  Judges,  shall  be  subject  to  a  fine  of  at  least  one  hundred 
(100)  dollars,  or  imprisonment  not  less  than  six  months,  or  both. 

SCHEDULE. 

Section  One.  On  the  13th  day  of  March,  A.D.  1868,  and  such 
successive  days  as  hereinafter  provided,  an  election  shall  be  held  for 
members  of  the  House  of  Representatives  of  the  United  States, 
Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor,  Treas- 
urer, Attorney  General,  Superintendent  of  Public  Instruction,  Judges 
of  the  Supreme  Court,  members  of  the  General  Assembly  and  all 
county  officers,  and  also  for  the  submission  of  this  Constitution  to 
the  people  for  their  adoption  or  rejection. 

Section  Two.  Upon  the  days  designated  as  aforesaid,  every  quali- 
fied elector  under  the  provisions  of  this  Constitution  may  vote  for 
all  officers  to  be  elected  under  this  Constitution  at  such  election,  and 
also  for  or  against  the  adoption  of  this  Constitution. 

Section  Three.  In  voting  for  or  against  the  adoption  of  this  Con- 
stitution, the  words  "For  Constitution"  or  "Against  Constitution" 
shall  be  written  or  printed  on  the  ballot  of  each  voter,  but  no  voter 
shall  vote  for  or  against  this  Constitution  on  a  separate  ballot  from 
that  cast  by  him  for  officers  to  be  elected  at  said  election  under  this 
Constitution. 

Section  Four.  A  Board  of  Commissioners  is  hereby  appointed  to 
consist  of  James  L.  Hodges,  Joseph  Brooks  and  the  President  of  this 
Convention,  any  two  of  whom  shall  constitute  a  quorum  to  transact 
business,  who  shall  keep  an  office  for  the  transaction  of  business  in 

(  893  ) 


CONSTITUTION  OF  THE  [Schedule. 


Little  Rock,  and  w.ho  may  employ  such  clerical  force  as  may  be 
necessary,  said  clerks  not  to  receive  more  per  day  for  each  day  actu- 
ally employed  than  the  per  diem  paid  the  assistant  secretaries  of  this 
Convention,  and  who  are  authorized  and  empowered  to  appoint,  or 
cause  to  be  appointed  suitable  persons  for  judges  and  clerks  of  elec- 
tion in  each  county  in  this  State  to  hold  the  election  therein  for  all 
,  state  and  county  officers,  and  for  members  of  the  General  Assembly 
and  of  the  House  of  Representatives  of  the  United  States,  and  also* 
for  the  ratification  of  this  Constitution.  Said  election  shall  be  held 
at  such  times  and  places  in  each  county,  commencing  on  the  13th 
day  of  March,  and  continuing  on  such  successive  days  as  the  Com- 
missioners may  direct,  to  secure  a  full  and  fair  vote  at  such  election. 

Section  Five.  The  Judges  of  election  appointed  as  aforesaid,  shall 
make  returns  of  the  same  to  said  Commissioners  in  such  manner 
and  under  such  regulations  as  said  Commissioners  may  prescribe, 
which  returns  shall  show  the  number  of  votes  cast  at  said  election 
for  and  against  this  Constitution,  and  the  number  cast  for  each  can- 
didate for  the  offices  provided  for  in  this  Constitution  and  Schedule. 

Section  Six.  Any  person  contesting  the  election  under  this  Con- 
stitution for  any  state  officer  or  member  of  the  General  Assembly, 
shall  do  so  before  said  Board  of  Commissioners,  who  shall  have  power 
to  decide  and  declare  the  right  to  any  office  contested,  and  give  the 
candidate  legally  elected  a  certificate  of  the  same;  Provided,  Said 
Commissioners  may  in  the  cases  of  members  of  the  General  Assem- 
bly whose  right  to  the  seats  may  be  contested,  refer  the  same  to  the 
General  Assembly  for  their  determination.  Said  Board  of  Commis- 
sioners shall  appoint  the  judges  and  clerks  of  the  municipal  elections 
to  be  held  under  the  provisions  of  this  Constitution.  Said  judges 
shall  conduct  and  make  returns  of  said  elections  in  the  manner  pre- 
scribed by  the  charter  of  the  city  or  village  in  which  said  municipal 
election  shall  be  held. 

Section  Seven.  Said  Commissioners  shall  appoint  suitable  persons 
as  Boards  in  every  county,  to  hear  and  decide  all  cases  of  contested 
county  elections. 

Section  Eight.   The  said  Commissioners  shall  have  power  to 

(  894  ) 


Schedule.] 


STATE  OF  AEKANSAS. 


inquire  into  the  fairness  or  validity  of  the  voting  upon  the  ratifi- 
cation of  this  Constitution,  and  to  count  the  votes  given  at  said 
election,  and  shall  reject  all  fraudulent  or  illegal  votes  cast  at  said 
election ;  and  said  Commissioners  shall  also  have  power,  whenever  it 
is  made  to  appear  that  fraud,  fear,  violence,  improper  influence,  or 
restraint,  were  used,  or  persons  were  prevented  or  intimidated  from 
voting  at  such  elections,  to  take  such  steps,  either  by  setting  aside 
the  election  and  ordering  a  new  one,  or  rejecting  votes,  or  correct- 
ing the  results  in  any  county  or  precinct  as  may  in  such  cases  be 
just  and  equitable. 

Section  Nine.  That  said  Commissioners  shall  declare  the  result  of 
the  election  upon  the  ratification  of  this  Constitution,  and  if  adopted, 
the  President  of  this  Convention  shall  transmit  a  certified  copy  of  the 
same,  together  with  an  abstract  of  the  votes  cast  to  the  President  of 
the  United  States,  to  be  by  him  laid  before  the  Congress  of  the  United 
States  for  their  approval  or  rejection,  and  shall  also  declare  the  of- 
ficers elected  thereunder ;  and  if  declared  ratified,  the  Constitution 
shall  from  and  after  that  date  be  in  full  force  and  effect. 

Section  Ten.  No  person  disqualified  from  voting  or  registering 
under  this  Constitution  shall  vote  for  candidates  for  any  office,  nor 
shall  be  permitted  to  vote  for  the  ratification  or  rejection  of  this 
Constitution  at  the  polls  herein  authorized.  The  Governor  and  all 
other  officers  elected  under  this  Constitution,  shall  enter  upon  the 
duties  of  their  offices  when  they  shall  have  been  declared  duly 
elected  by  said  Board  of  Commissioners  and  shall  have  duly  quali- 
fied. All  officers  shall  qualify  and  enter  upon  the  discharge  of  the 
duties  of  their  offices,  within  fifteen  (15)  days  after  they  have  been 
duly  notified  of  their  election  or  appointment. 

Section  Eleven.  Upon  notice  of  the  election  or  appointment,  and 
qualification  of  the  officers  elected  or  appointed,  under  this  Consti- 
tution, the  present  incumbents  of  all  State,  county  and  city  offices 
shall  vacate  the  same  and  turn  over  to  the  officers  so  elected  or  ap- 
pointed and  qualified  hereunder,  all  books,  papers,  records,  monies 
and  documents  belonging  or  pertaining  to  said  offices  on  application 


(  895  ) 


CONSTITUTION  OF  THE  [Schedule. 

made  by  the  officers  elected  or  appointed  and  qualified  under  this 
Constitution. 

Section  Twelve.  Any  person  may  vote  at  the  polls  herein  author- 
ized for  the  election  of  officers  and  ratification  of  this  Constitution 
whom  the  judges  of  said  election  shall  be  satisfied  by  oath  of  the 
person  offering  to  vote,  and  such  other  satisfactory  evidence  as  they 
may  require,  is  a  legally  qualified  elector  under  this  Constitution; 
Pi'ovided,  The  judges  of  election  shall  administer  to  every  person 
offering  to  vote,  at  said  election,  the  oath  prescribed  in  this  Consti- 
tution. 

Section  Thirteen.  In  the  event  that  either  of  the  three  (3)  Com- 
missioners, appointed  by  section  four,  hereof,  should  be  a  candidate 
for  any  office,  the  other  two  Commissioners  shall  canvass  the  vote 
so  far  as  it  relates  to  that  office,  and  issue  the  certificate  to  the 
person  elected. 

Section  Fourteen.  In  case  of  death  or  any  disability  of  any  mem- 
ber or  members  of  said  Board  of  Commissioners,  the  remaining 
Commissioner  or  Commissioners,  shall  have  power  to  fill  such  va- 
cancy ;  and  said  Commissioner  or  Commissioners  so  appointed ;  shall 
have  full  power  to  act  as  though  originally  appointed. 

Section  Fifteen.  Any  person  selling  or  giving  away  intoxicating 
liquor,  during  the  time  of  the  election,  herein  provided  for,  shall  be 
punished  by  a  fine  of  not  less  than  two  hundred  (200)  dollars,  for 
each  and  every  offense,  or  imprisonment  not  less  than  six  months, 
or  both. 

Section  Sixteen.  Said  Commissioners  shall  provide  suitable  poll 
books  for  each  county,  and  such  instructions  as  may  be  necessary  to 
carry  into  effect  the  provisions  of  this  schedule.  Judges  and  clerks 
of  election  thus  appointed,  shall  receive  the  same  per  diem  as  the 
boards  of  registers  provided  for  in  the  act  entitled  "  An  act  to  pro- 
vide for  the  more  efficient  government  of  the  rebel  States,"  passed 
March  2nd,  1867,  and  acts  supplementary  thereto. 

Section  Seventeen.  The  Commissioners  herein  appointed,  shall 
receive  for  their  services,  for  each  day  actually  employed  such  com- 
pensation per  day  and  allowances,  and  in  such  manner  as  are  now 

(  896  ) 


Schedule.] 


STATE  OF  ARKANSAS. 


provided  for  members  of  this  Convention.  All  expenses  incurred 
under  this  schedule,  not  otherwise  provided  for,  shall  be  paid  out  of 
the  appropriation  for  defraying  the  expenses  of  this  Convention. 

Done  in  Convention^  at  Little  Roch,  the  eleventh  day  of  February,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-eight,  and 
of  the  independence  of  the  United  States  the  ninety  second. 

In  Witness  whereof,  we  have  hereunto  suhscribed  our  names. 

THOMAS  M.  BOWEN, 

Fresident  of  the  Convention, 
and  Delegate  from  the  County  of  Crawford. 

GEOEGE  S.  SCOTT,  Little  Eiver  County. 
FRED.  E.  POOLE,  Miss.  &  Craighead  Cos. 
GEOEGE  W.  DALE,  Independence  County. 
PETEE  C.  MISNEE, 

CLIFFOED  STANLEY  SIMS,  Delegate  from  Desha  County. 

DANIEL  COATES,  Delegate  from  Saint  Francis  County. 

J.  A.  HOUGHTON,  Delegate  from  Cross  &  Poinsett  Counties. 

FEANKLIN  MONEOE  EOUNSAYILLE,  Yell  County. 

SOLOMON  EXON,  Delegate  from  Clark  County. 

MILES  LEDFOED  LANGLEY, 

GAYLE  H.  KYLE,  Delegate  from  Dallas  County. 

MOSES  BELL,  Delegate  from  Sebastian  County. 

JOHN  H.  HUTCHINSON,  M.D.,  Delegate  from  Arkansas  County. 

JOHN  McCLUEE,  Del.  Arkansas  County. 

AMOS  H.  EYANS,  Delegate  from  Monroe  County. 

JOHN  N.  SAEBEE,  Delegate  from  Johnson  County. 

JESSE  MILLSAPS,  Delegate  from  Yan  Buren  County. 

WILLIAM  A.  W YATT,  Delegate  from  Searcy  and  Fulton  Counties. 

ANTHONY  HINKLE,  Delegate  from  Conway  County. 

O.  P.  SNYDEE,  Delegate  from  Jefferson  County. 

SAMUEL  W.  MALLOEY,  Delegate  from  Jefferson  County. 

JAMES  M.  GEAY,  Delegate  from  Jefferson  County. 

JOSEPH  BEOOKS,  Phillips  County. 

THOMAS  SMITH, 

WILLIAM  H.  GEEY,  "  " 

JAMES  T.  WHITE,  " 

PAELEY  A.  WILLIAMS,  Delegate  from  Marion  and  Newton. 

57  (  897  ) 


CONSTITUTION  OF  THE 


EOBEET  HATFIELD,  Delegate  from  Franklin  County. 
JOHN  W.  HAEEISON,  Delegate  from  Hot  Springs  County. 
JAMES  W.  MASO]^,  Delegate  from  Chicot  County. 
GEOEGE  W.  McCOWN,  Delegate  from  Columbia  County. 
WILLIAM  G.  HOLLIS,  Delegate  from  Calhoun  Co. 
JAMES  L.  HODGES,  Delegate  from  Pulaski  Co. 
JAMES  HINDS,  Delegate  from  Pulaski  Co. 
HENEY  EECTOE,  Delegate  from  Pulaski  County. 
THOMAS.  P.  JOHNSON,  Delegate  from  Pulaski  County. 
JOHN  C.  PEIDDY,  Delegate  from  Montgomery  Co. 
ASA  HODGES,  Delegate  from  Crittenden  Co. 
F.  M.  SAMS,  Delegate  from  Madison  County. 
CHAELES  H.  OLIYEE,  Delegate  from  Scott  County. 
NATHAN  N.  EAWLINGS,  from  Ouachita  County. 
JNO.  E.  MONTGOMEEY,  Delegate  from  Hempstead  County. 
SOLOMON  D.  BELDEN,  Delegate  from  Hempstead  County.  . 
EICHAED  SAMUELS, 

E.  C.  YAN  HOOK,  Delegate  from  Union  County. 
lEA  L.  WILSON,  Delegate  from  Union  County. 
WALTEE  W.  BEASHEAE,  Delegate  from  Pope  County. 
ALFEED  M.  MEEEICK,  Delegate  from  Lafayette  County. 
WILLIAM  A.  BEASLEY,  Delegate  from  Columbia  County. 
JAMES  P.  POETIS,  Delegate  from  Ouachita  County. 
MONEOE  HAWKINS,  Delegate  from  Lafayette  County. 
WILLIAM  MUEPHY,  Delegate  from  Jefferson  County. 

Attest : 

John  G.  Peice, 

Secretary. 


(  898  ) 


Ordinance.]  STATE  OF  ARKANSAS. 


AN  ORDINANCE, 

To  PROVIDE  FOR  AN  ELECTION  BY  THE  VOTERS  REGISTERED  IN  THIS  StATE, 
UNDER  AN  ACT  OF  CONGRESS  ENTITLED  An  ACT  TO  PROVIDE  FOR 
THE  MORE  EFFICIENT  GOVERNMENT  OF  THE  REBEL  StATES,"  PASSED 

March  2nd,  1867,  and  the  Acts  supplementary  thereto. 

Section  One.  Be  it  ordained^  that  an}^  voter  registered  under  the 
provisions  of  an  act  of  Congress  entitled  "  An  act  to  provide  for  the 
more  efficient  government  of  the  rebel  States,"  passed  March  2nd, 
1867,  and  the  supplementary  acts  thereto,  shall  be  permitted  to 
vote  in  any  county  in  this  State,  where  he  may  be  at  the  time  of  the 
election,  upon  the  ratification  of  the  Constitution  framed  by  this 
Convention. 

Section  Two.  That  in  voting  for  or  against  the  ratification  of 
this  Constitution,  the  words  '^For  Constitution"  or  "Against  Consti- 
tution" shall  be  written  or  printed  on  each  ballot;  but  no  person 
shall  vote  at  the  polls  provided  for  by  this  ordinance,  for  any  State 
or  county  officer  prescribed  in  said  Constitution. 

Section  Three.  Said  election  shall  be  held  at  such  times  and 
.  places  as  may  be  designated  by  the  Board  of  Commissioners  ap- 
pointed under  the  provisions  of  the  schedule  to  the  Constitution 
submitted  by  this  Convention  to  the  people. 

Section  Four.  The  secrecy  of  the  ballot  shall  be  preserved  in- 
violate. No  Judge,  inspector,  or  other  election  officer,  shall  mark 
or  deface  or  permit  to  be  marked  or  defaced,  any  ballot  cast  at  the 
poll  at  which  he  is  acting,  whereby,  may  be  ascertained  the  manner 
in  which  any  elector  voted. 

Appended  to  the  Constitution,  and  passed  by  the  Convention  February 
im,  1868. 

THOMAS  M.  BOWEN, 

President  of  the  Convention. 


(  899  ) 


G  E  N  E  R  L  Index. 


GENERAL  INDEX 


[The  references  are  to  the  numbers,  included  in  parentheses,  at  foot  of  the  pages.] 


A. 

Absence,  Members  to  receive  no  pay  for  time  of,  245. 

Resolution  relating  to  per  diem  for  time  of  absence,  245. 
Absence,  Leaves  of,  246,  472,  473,  475,  728,  731. 
Remarks  on,  by — 
Mr.  Brooks,  '^29. 
Mr.  Gantt,  729. 
Mr.  Cypert,  729. 
Resolution  directing  the  Sergeant-at-Arms  to  bring  in  all  absent 
members,  and  revoking  leaves  of  absence  heretofore  given,  731. 
Remarks  on,  by — 
Mr.  McClure,  731. 
Mr.  Hodges,  of  Pulaski,  731. 
Mr.  Brooks,  732,  734. 
Mr.  Mallory,  734. 
Resolution  revoking  leaves  of  absence  of  members  of  Conven- 
tion who  have  not  left  the  city,  and  directing  the  Sergeant-at- 
Arms  to  bring  them  before  the  Convention,  735. 
Accounts  of  the  Convention,  Audit  of,  725. 
Remarks  on,  by- 
Mr.  Mason,  725. 
Mr.  Hodges,  of  Pulaski,  725. 
Acts  of  CongresS' — see  Reconstruction  Acts. 
Adams,  W.  C,  159,  162. 

Adams,  W.  W.,  a  delegate  from  Izard  County. 
Election  announced,  771. 
Resolution  declaring,  entitled  to  seat,  249. 
Appeared,  581. 
Sworn,  581. 

68,  69,  70,  249,  581,  657,  665,  728,  771. 
Explanation  of  vote  on  Constitution,  657,  665. 

(  903  ) 


GENEEAL  INDEX. 


Adjoani,  Motions  to,  46,  54,  57,  68,  74,  76,  87,  98,  128,  129,  153,  158,167, 
185,  199,  227,  246,  294,  315,  341,  362,  476,  511,  524,  540,  568, 
685,  703,  738,  760,  763. 

Yeas  and  ISTays  on,  419,  420,  421,  524,  540,  613. 
Adjournment,  Final,  394,  423,  724,  730,  760,  763,  764. 

Resolution  providing  that  when  the  Convention  finally  adjourns, 
it  shall  be  at  the  call  of  the  President,  396. 
Remarks  on,  by  : — 
.    ■  '       Mr.  Kyle,  396,  413. 

Mr.  Cypert,  396,  398,  401,  409,  410,  411,  412,  413,  414,  415, 
416. 

Mr.  Hinds,  398. 
Mr.  Bradley,  399,  406. 
Mr.  Brooks,  400,  401,  402,  407,  410,  413. 
Mr.  Duvall,  406,  407. 
.    Mr.  Grey,  of  Phillips,  417.       '  .-; 
Mr.  Hicks,  423. 
•  Mr.  McClure,  423. 
Resolution  providing  that  if  the  Convention  be  not  convoked 
within  one  year  from  final  adjournment,  it  shall  stand  ad- 
journed sine  die^  724. 
Yeas  and  ITays  on,  275,  395,  400,  409,  418,  419,  420,  421. 

Adjournments,  54,  57,  68,  74,  76,  98, 129, 153, 168,  185, 199,  227,  246,  294, 
315,  341,  362,  476,  511,  524,  540,  568,  685,  703,  738,  764. 

Admission  of  the  State  to  Representation  in  Congress,  Act  of,  810, 
and  Addenda  following. 

Agee,  John,  elected  Second  Assistant  Doorkeeper,  51. 
Sworn,  55.  - 

Alexander,  Chaplain  of  Senate  of  Arkansas,  803. 

Allen,  Hampton  T.,  a  Delegate  from  Greene  County. 

Election  announced,  35.    [Did  not  appear  in  the  Convention.] 
35,  60,  61. 

Amalgamation — see  Intermarriage  op  the  Races. 

Amendment  to  Constitution  of  United  States,  Fourteenth  Article  of.  Pro- 
ceedings of  General  Assembly  of  State  of  Arkansas  upon  ratifi- 
cation of,  800. 

Appendix,  765. 

Table  of  contents  of,  767. 
Apportionment,  Committee  on,  61. 

Addition  to  Committee  on,  74. 

Ard,  James,  Testimony  of,  before  Special  Committee  on  the  Penitentiary, 
775. 

(  904  ) 


GEJSTEEAL  IISTDEX. 


Arkansas  River,  Improvement  of  navigation  of,  233,  294. 

Memorial  to  Congress  for  appropriation  for  improvement  of  nav- 
igation of,  233,^294. 
Remarks  on,  by  : — 

Mr.  Brooks,  295,  296,  299. 

Mr.  McCown,  295,  297. 

Mr.  Portis,  296,  297,  298. 

Mr.  Hinds,  296,  298,  299. 

Mr.  Hodges,  of  Pulaski,  297,  299. 

Mr.  Montgomery,  297. 

Mr.  Kyle,  298. 

Mr.  Cypert,  299. 

Mr.  Duvall,  299. 

Arnold,  Richard,  Bv't.  Maj.  Gren.,  Comm'd'g  Post,  and  Supervising  In- 
spector Military  Prison  of  Little  Rock,  Communication  from 
to  Hdqrs.  4th  Mil.  Dist,  782. 
Assets  in  the  State  Treasury — see  Treasury. 
Asylum  for  deaf  mutes,  205,  247. 
Ashley  County  Election,  130,  166,  252,  743. 
Declared  invalid,  34. 
Order  declaring,  invalid,  revoked,  39. 
^^^^  "        (Sub-dist.  Ark.)  40. 

Remarks  on,  by: — 

Mr.  Brooks,  130,  131,  137. 

Mr.  Matthews,  130. 

Mr.  Cypert,  130,  134,  136,  137. 

Mr.  McClure,  131,  133,  134. 

Mr.  Bradley,  132,  134. 

Mr.  Kyle,  132, 133. 

Mr.  Hoge,  138. 

Resolution  instructing  Committee  on  Elections  to  report  at  once, 
in  relation  to,  166. 
Remarks  on,  by  :— 
Mr.  Walker,  166. 
Mr.  Sarber,  166. 
Majority  Report  of  Committee  on  Elections,  in  relation  to,  252,  320. 
Minority  Report  of  Committee  on  Elections,  in  relation  to,  253, 
320. 

Remarks  on,  by  :-— 

Mr.  Gantt,  256,  335,  336,  337. 
Mr.  Wilson,  256,  327,  331,  336. 
Mr.  Kyle,  257,  349. 

Mr.  Cypert,  257,  258,  324,  332,  333,  334,  345. 
Mr.  Hinds,  257,  259,  331,  344,  346. 

(  905  ) 


GENEEAL  mDEX. 


Remarks  on,  by  : — 

Mr.  Hodges,  of  Pulaski,  258,  346. 
Mr.  Broo\s,  259,  327,  334,  340. 
Mr.  I^orman,  320. 

Mr.  Sarber,  323,  324,  332,  333,  348,  351. 

Mr.  Moore,  324,  325,  345. 

Mr.  Mallory,  329. 
^      Mr.  Diivall,  333. 

Mr.  McClure,  333. 

Mr.  Dale,  339,  340. 

Mr.  McCown,  344,  350,  351. 

Mr.  Bradley,  347. 

Mr.  Beasley,  348. 
Testimony  accompanying  report  of  Committee  on  Elections  on 
the,  772. 

Yeas  and  JSTays  on,  135,  138,  345,  352. 
Ayers,  Isaac,  Eepresentative  in  General  Assembly,  1868,  798. 
Ayres,  W.  P.,  Testimony  of,  before  Special  Committee  on  Peniten- 
tiary, 777. 

B. 

Banking,  and  corporations  other  than  municipal,  248,  476. 

Committee  on,  61. 

Report  from,  248,  476. 
Bankrupt  law,  Memorial  for  amendment  of,  318. 
Bard,  Samuel,  Eepresentative  in  General  Assembly,  1868,  797. 
Barker,  E.  G.,  Senator  of  Arkansas,  1868,  798. 
Beasley,  William  A.,  a  Delegate  from  Columbia  County. 

Election  announced,  34. 

Appeared,  45. 

Sworn,  53. 

34,  45,  53,  57,  58,  60,  61,  98, 161, 174, 193,  205,  214,  218,  222,  230, 

232,  233,  234,  243,  244,  286,  300,  318,  319,  348,  369,  400,  416, 

419,  428,  430,  469,  470,  506,  507,  508,  525,  613,  617,  658,  743, 

744,  747. 
Resolution  offered  by,  58. 
Explanation  of  vote  on  Constitution,  658,  747. 
Remarks  on : 

Little  Rock  and  Fort  Smith  Railroad,  161. 

Expenses  of  the  Convention,  214. 

Compensation  of  members  and  officers,  218,  318. 

Ashley  County  election,  348. 

Continuance  of  Freedmen's  Bureau,  428,  430. 

Intermarriage  of  the  races,  507. 
Representative  in  General  Assembly,  1868,  798. 
(  906  } 


GE^^EEAL  INDEX. 


Belden,  D.  P.,  elected  First  Assistant  Sergeant-at-Arms,  151. 
Sworn,  55. 

Senator  of  Arkansas,  1868;  798. 
Belden,  Solomon  D.,  a  Delegate  from  Hempstead  County. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 

35,  45,  53,  54,  55,  56,  61,  185. 

Eepresentative  in  General  Assembly,  1868,  798.  * 
Bell,  Moses,  a  Delegate  from  Sebastian  County. 
Election  announced,  35. 
Appeared,  46. 
Sworn,  53. 

35,  46,  49,  50,  53,  58,  61,  232,  266,  267,  274,  576,  660,  683,  693, 

696,  735,  736. 
Resolution  offered  by,  266. 

Explanation  of  vote  on  the  Constitution,  660,  683. 
Keniarks  on : 

Compensation  of  members  and  officers,  274. 
Benjamin,  M.  W.,  Representative  in  General  Assembly,  1868,  798,  800. 
Berry,  J.  R.,  nominated  for  Secretary  of  the  Convention,  48. 
^^'omination  withdrawn,  49. 
Auditor  of  State  of  Arkansas,  1868,  797. 
Board  of  Commissioners  of  Election — see  Commissioners  of  Election, 
Board  of. 

Boards  of  codification.  Vacancies  in,  737. 

Resolution  providing  for  filling  vacancies  in,  737. 
Boles,  Thomas,  elected  Representative  in  Congress,  798. 

Boundaries,  Committee  on,  60. 

Reports  from,  207,  300,  471. 
Instructions  to,  245. 
of  Franklin  and  Scott  Counties,  537. 

Resolution  erecting  Magazine  County  out  of  portions  of  Frank- 
lin and  Scott  Counties,  538. 
Boundary  line  of  Ouachita  and  Calhoun  Counties — see  Ouachita. 
Bonds  of  U.  S. — see  Funds. 

Bowen,  Thomas  M.,  a  Delegate  from  Crawford  County. 
Election  announced,  34. 
Appeared,  45. 

l^^ominated  for  President  of  the  Convention,  46. 
Elected  President,  48. 

Remarks  on  assuming  the  Presidency  of  the  Convention,  48. 
Sworn,  53. 

(  907  ) 


GENEEilL  INDEX. 


Bowen,  Thomas  M.,  34,  45,  46,  48,  53,  66,  159,  160,  162,  287,  289,  581, 

761,  784,  785,  791,  794,  795,  796. 
Resolution  offered  by,  288. 
Remarks  on  : — 

Little  Rock  and  Fort  Smith  Railroad,  160,  162,  287. 

Relief  for  poor  of  the  State,  289. 
Valedictory  remarks,  761. 
Associate  Justice  of  Supreme  Court,  1868,  797. 

Bradley,  John  M.,  a  Delegate  from  Bradley  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

34,  45,  46,  47,  53,  56,  60,  61,  62,  63,  70,  71,  73,  74,  75,  101,  117, 
132,  134,  153,  182,  246,  342,  347,  348,  363,  364,  367,  368,  369, 
371,  378,  392,  399,  406,  436,  437,  449,  452,  470,  474,  481,  489, 
490,  508,  510,  520,  521,  524,  526,  535,  542,  546,  550,  553,  555, 
557,  560,  562,  564,  567,  571,  577,  642,  652,  653,  654,  655,  656, 
660,  661,  669,  679,  680,  683,  728. 

Resolutions  offered  by,  62,  63,  363,  452. 
Explanation  of  vote  on  the  Constitution,  660. 
Remarks  on  : — 

Withdrawing  the  nomination  of  Mr.  Kyle  as  President  of  the 
Convention,  47. 

Reduction  in  number  of  of&cers,  and  of  newspapers  furnished, 
62,  63. 

Izard  County  election,  70. 

Committee  on  Penitentiary,  71. 

Limitation  of  Debate,  73. 

Adoption  of  the  Constitution  of  1864,  117. 

Ashley  County  election,  132,  134,  347. 

Powers  and  duties  of  the  Convention,  182. 

Intermarriage  of  the  races,  364,  368,  369,  489,  508,  510. 

Final  adjournment,  399,  406. 

Continuance  of  Freedmen's  Bureau,  436,  437. 

Lease  of  Penitentiary,  481. 

Finances  of  the  State,  553,  555,  557,  562. 

Question  of  privilege,  567. 

Brashear,  Walter  W.,  a  Delegate  from  Pope  County. 
Election  announced,  35. 

Appeared,  45.  • 
Sworn,  53. 

Appointed  one  of  the  Vice-Presidents  of  the  Convention,  700. 

35,  45,  53,  60,  61,  185,  223,  245,  315,  451,  576,  661,  662,  682,  700. 
Resolution  offered  by,  245. 

(  908  ) 


gej^eral  index. 


Brashear,  A^-^alter  W.,  Explanation  of  vote  on  the  Constitution,  661. 

Remarks  on  : — 

Izard  County  election,  576. 

Representative  in  General  Assembly,  1868,  797. 
Briley,       A.,  named  for  Secretary  to  the  Convention,  49. 
Britton,  William  A.,  Representative  in  General  Assembly,  1868,  798. 

Brooks,  Joseph,  a  Delegate  from  Phillips  County. 
Election  announced,  35. 
Appeared,  46. 
Sworn,  53. 

Appointed  one  of  the  Vice-Presidents  of  the  Convention,  700. 

35,  44,  46,  48,  50,  52,  53,  55,  56,  57,  58,  59,  60,  61,  66,  67,  69,,  73, 
74,  78,  79,  89,  98,  99,  100,  101,  102,  103,  105,  110,  123,  125, 
130,  131,  132,  136,  137,  138,  140,  145,  155,  158,  159,  161,  175, 
181, 182,  184,  185,  186,  187,  188,  189,  192,  193,  194,  197,  198, 
199,  201,  203,  205,  207,  209,  211,  212,  213,  217,  219,  221,  222, 
223,  224,  226,  228,  232,  235,  240,  241,  242,  243,  244,  246,  249, 
250,  256,  259,  260,  265,  266,  267,  268,  269,  270,  271,  276,  277, 
278,  279,  280,  283,  285,  286,  290,  295,  296,  299,  300,  301,  306, 
307,  309,  310,  313,  315,  317,  318,  319,  320,  325,  327,  334,  336, 
340,  341,  342,  354,  357,  362,  379,  383,  387,  400,  401,  402,  407, 
'  410,  411,  412,  413,  414,  415,  418,  420,  421,  422,  423,  443,  452, 
473,  474,  481,  483,484,  485,  490,  501,  506,  508,  512,  516,  577, 
524,  526,  527,  528,  530,  535,  538,  539,  548,  550,  557,  565,  567, 
568,  573,  575,  576,  578,  583,  612,  616,  617,  633,  653,  654,  661, 
662,  663,  684,  685,  689,  690,  693,  694,  697,  698,  699,  700,  701, 
702,  724,  729,  730,  732,  734,  739,  744,  745,  746,  753,  754,  757, 
758,  759,  791,  794,  795. 

Resolutions  offered  by,  55,  58,  67,  79, 159,  185, 197,  319,  320,  701. 

Orders  offered  by,  744,  785. 

Explanation  of  vote  on  the  Constitution,  662. 

Remarks  on : — 

Resolution  for  the  relief  of  the  poor  of  the  State,  55. 

for  reduction  in  number  of  officers,  and  of  newspapers  fur- 
uished,  59. 

Adoption  of  Constitution  of  1864,  99,  100,  101,  102,  103,  105, 

110,  125,  145. 
Ashley  County  election,  130,  131,  137. 
County-seat  of  Little  River  County,  155,  301. 
Little  Rock  and  Fort  Smith  Railroad,  161. 
Ordinance  making  appropriations  for  payment  of  expenses  of 

Convention,  175,  194,  213. 
Powers  and  duties  of  the  Convention,  182. 
Appointment  of  Committee  on  Correspondence,  199. 

(  909  ) 


GENERAL  INDEX. 


Brooks,  Joseph — Remarks  on  : — 

Criminal  and  U.  S.  Court  at  Helena,  203. 

Ordinance  regulating  the  compensation  of  members  and  officers, 

47,  219,  221,  224,  269,  270,  278,  280. 
Resolution  relating  to  disfranchisement,  235,  240,  241. 
Eelief  for  the  Poor  of  the  State,  250,  290. 
Ashley  County  election,  259,  327,  334,  340. 
Resolution  relating  to  lease  of  Penitentiary,  265. 
Navigation  of  Arkansas  River,  295,  296,  299. 
Sale  of  Arkansas  Hot  Springs,  306. 
Removal  of  papers  from  Secretary's  desk,  306,  307. 
Per  diem  of  delegates  from  Ashley  County,  309,  310. 
Intermarriage  of  the  races,  379,  383,  387,  443. 
Final  adjournment,  400,  401,  402,  407,  410,  413. 
Minority  Report  of  Committee  on  Penitentiary,  526,  527,  528,  530. 
Finances  of  the  State,  548,  550. 
Question  of  privilege,  567,  568. 
Izard  County  election,  573,  576. 

Per  diem  and  mileage  of  contestants  from  Ashley  County,  697. 
Leaves  of  absence,  729,  734. 

Publication  and  distribution  of  Debates  and  Proceedings,  745. 
Removal  of  political  disabilities,  753,  754. 

Protest  tiled  against  the  Constitution,  its  Schedule  and  Ordi- 
nance, 757,  758,  759. 
Bush,  James  R.,  Representative  in  General  Assembly,  1868,  798. 
Butler,  James  A.,  Representative  in  General  Assembly,  1868,  798. 

C. 

Caldwell,  Hon.  Henry  E.,  53,  64. 

Calhoun  County  Election,  declared  invalid,  34. 

New  election  ordered,  37. 
Calhoun  and  Ouachita  Counties,  Boundary  line  of — see  Ouachita. 
Carhart,  J.  W.,  Secretary  of  Senate  of  Arkansas,  1868,  803. 
Carroll,  A.  T.,  Representative  in  General  Assembly,  1868,  798. 
Caterson,  Robert  F.,  Representative  in  General  Assembly,  1868,  798. 
Causine,  William,  named  for  First  Assistant  Secretary,  50. 
Certificates  of  pay  and  mileage,  727,  728. 

Remarks  on,  by  : — 
Mr.  Gantt,  727,  728. 
Certificates  of  election.  Presentation  of,  44. 
Chaplain  to  the  Convention,  Election  of,  52. 

Religious  services  by,  185. 
'    .        Resolution  providing  for  religious  services  by,  185. 

Address  by,  750. 
(  910  ) 


GENERAL IXDEX, 


Chappell,  Thomas.  Testimony  of,  before  Special  Committee  on  the  Peni- 
tentiary. 777. 

Children.  Elegitimate,  539. 

Ordinance  relating  to  inheritance  of  illegirimate  children.  539. 
Chrisman.  E.  AL.  Eepresentative  in  General  Assembly.  ISoS.  79S. 
Circulars  AElirary — Eistrict.  Eoteth  Militaky,  and  SrB-DisiPJCT  of 
Arkansas. 

Cities  and  villai'es.  Organization  of  Government  of.  Committee  on,  60. 

Eeport  from.  2uS.  471. 
Clayton.  P':'V-ell.  Governor  of  Arkansas,  1S6S,  797. 
Clem,  Jeremiah,  Eepresentative  in  General  Assembly,  1S6S.  797. 
Coates.  Daniel,  a  Delegate  from  St.  Erancis  County. 

Election  announced,  36. 

Appeared,  46. 

Sworn.  53. 

36.  46.  49.  53,  35.  6'E  61.  74.  2-4.  3'J7.  633.  647,  663,  6-5. 

Explanation  of  vote  on  the  Constitution.  663. 

Eepresentative  in  General  Assembly.  1S6S.  79S. 
Codification  of  Statutes  and  preparation  of  Code  of  Practice.  791. 

Eesolution  providing  for  appointment  of  Boards  of,  791. 

Appointment  of  Boards  of.  736, 
Commissioners  to  locate  County-seat  of  Eittle  Elver  County — -s-fc  Eittle 
ElVER  Cor^'TY. 

Commissioners  to  investigate  affairs  of  Eittle  Eock  and  Eort  Smith  Eail- 

road — .5->:  Eittle  Eock  axd  Eoei  Smith  Eailkuad. 
Commissioners  to  codify  Statutes  and  to  prepare  Code  of  Practice — Sze 

CoI'IETCATIOX. 

Commissioners  of  Election,  Board  of,  Xotice  by.  of  election  under  pro- 
visions of  the  Constitution,  for  the  ratiiicati'^'n  thereof,  7S4. 
Communication  from,  to  Headc^rs.  4th  Mil.  Dist.  (^payment  of  ex- 
penses of  the  election  provided  for  by  Schedule  to  Coustira- 
tion\.  7S9. 

Communication  to,  from  Hdqrs.  4th  Alil.  Dist.  ^'in  responseh  791. 

Proclamation  of.  announcing  ratrncation  of  Constitution,  at  elec- 
tion held  under  provisions  of  the  Schedule  thereto,  794. 
Committees,  Standing,  of  the  Convention.  Table  of,  13. 

Eesolution  for  appointment  of.  52. 

Announcement  of,  60. 

Eeports  of  [subject  of].  4S9,  510. 
Committees.  Standing : — 

on  Amending  and  Eevising  Constitution,  53,  61. 
Eeport  of,  353. 

on  Apportionment.  53.  61. 

(  911  ) 


GENEEAL  mDEX. 


Committees,  Standing : — 

Addition  to  Committee  on  Apportionment,  74. 
on  Boundaries,  52,  60. 

on  Banking,  and  Corporations  other  than  Municipal,  52,  61. 

on  the  Constitution,  its  Arrangement  and  Phraseology,  52,  60. 

on  Counties  and  Townships,  52,  61. 

on  Correspondence,  16. 

on  Executive  Department,  52,  60. 

on  Elective  Franchise,  52,  61. 

on  Education,  52,  61. 

on  Exemption  of  Real  and  Personal  Estate,  53,  61. 

on  Elections,  53,  61. 

on  Engrossment,  53,  61. 

on  Federal  Relations,  87,  99. 

on  Finance,  Taxation,  Public  Debt,  and  Expenditures,  52,  61. 
on  Impeachment,  and  Removal  from  Office,  53,  61. 
on  Internal  Improvements,  53,  61. 
on  the  Judiciary,  52,  60. 

Addition  to,  76. 
on  Legislative  Department,  52,  60. 
on  Miscellaneous  Provisions,  53,  61. 
on  Memorials  and  Ordinances,  61. 
on  Militia,  53. 

on  Organization  of  Government  of  Cities  and  Villages,  52,  60. 
on  Preamble  and  Bill  of  Rights,  52,  60. 
on  Printing,  53,  61. 

on  State  Officers,  other  than  Executive,  52,  60.  . 

on  Salaries,  60. 

on  Schedule,  53,  61. 

on  Supplies,  63,  61. 

on  Ratification,  199. 

on  Correspondence,  199. 

Committees,  Special : — 

on  Form  of  Oath,  48. 

to  conduct  the  President  to  the  chair,  48. 

on  Standing  Rules  of  Order,  55. 

Resolution  providing  for  appointment  of,  55. 

Addition  to,  57. 
on  Relief  for  the  Poor  of  the  State,  55. 

Addition  to,  362. 
on  Penitentiary,  71. 

Additions  to,  265. 
to  wait  on  Gov.  Murphy  and  Gen.  Smith,  and  invite  them  to 

seats  w^ithin  bar  of  the  Convention,  74. 


(  912  ) 


GEXEEAL  IXDEX. 


ConiniiTtees.  5^pecial : — 

to  prepare  Memorial  to  Congress,  for  removal  of  political  disa- 
bilides.  1S4. 

to  prepare  Memorial  to  Congress,  for  sale  of  Arkansas  Ho: 
Springs.  3 'J 7. 

on  memorializing  Congress  for  an  appropriation  for  the  improve- 
ment of  Ouachita  River.  316. 
to  draft  memorial  to  Congress  for  the  continuance  of  the  Freed- 

men"s  Bureau,  316. 
to  tender  use  of  hall  for  Democratic  Convention.  361. 
Committee-rooms.- Arrrangement  of.  76. 

Resolution  relatirig  lo  tiie.  76. 
Committee  of  the  ^Vlinle.  on  Relic-f  for  the  PoL>r  of  the  State.  286. 
Communications  from  :  — 

State  TrcL..-;;r-:\  giving  information  in  regard  to  assets  in  State 
Treasury.  7'-^ 

Secretary  uf  Little  Rock  and  Fort  Smith  R.  R._.  relative  to  the 
proposed  investigation  of  its  affairs.  227. 

State  Treasurer,  regarding  payment  of  expenses  of  the  Conven- 
tion. 231. 

Hdqrs.  4th  Mil.  Dist..  relative  to  the  payment  uf  the  expenses  of 

the  Convention.  6S6. 
State  Treasurer,  relative  to  the  issue  of  Auditor's  warrants  for 

expenses  of  Convention.  737. 
Hdqrs.  4th  Mil.  Dist.  (Election  for  ratification  of  Constitution;,  739. 
Hdqrs.  4th  Alil.  Dist.  lExpenses  of  Convention'.  760= 
Compensation  of  members  and  officers.  215.  232.  267.  272.  316.  686. 
Ordinance  re^'u:a':ing  the.  215. 
Remarks       fy  :  — 

Mr.  McClure.  215.  220.  269,  272. 
Mr.  Mallory,  216,  283. 
Mr.  Hodo-es,  217,  218,  219. 
Mr.  Bea.^ey.  218. 

Air.  ALi^nt^^vuery.  210.  223.  272,  278. 

Mr.  Bruok..  21^'.  221,  224.  269.  27<:'.  278,  280. 

Mr.  Cypert.  220.  282. 

Mr.  Duvalh  221. 

Mr.  AViison,  225. 

Mr.  Kyle.  225. 

Air.  AIcCowu.  273.  274.  282. 

Mr.  Bell.  274. 

Mr.  Poole,  275. 

Mr.  Hinds,  276.  277. 

Air.  Hudges,  of  Pulaski,  282. 

5S  (  913  ) 


GENEEAL  IIS^DEX. 


Compensation  of  members  and  officers : — 

Ordinance  regulating  the — Remarks  on,  by  : — 

Mr.  Langley,  283. 
Ordinance  providing  for  the  per  diem  and  mileage  of  the  mem- 
bers, and  the  per  diem  of  the  officers,  of  the  Constitutional 
Convention  of  the  State  of  Arkansas,  316. 
Remarks  on,  by: — 
Mr.  Hoge,  317.  ' 
Mr.  Duvall,  317. 
Mr.  Beasley,  318. 
Yeas  and  Nays  on,  226,  274,  284,  285,  318. 

Compensation  of  delegates  from  Ashley  County,  309. 
Resolution  providing  for,  309. 
Remarks  on,  by: — 
Mr.  Matthews,  309. 
Mr.  Brooks,  309,  310. 
Mr.  Mallory,  310. 
Mr.  Kyle,  311. 
Mr.  McClure,  311. 

Compensation  of  contestant  from  Ashley  County,  695. 

Resolution  allowing  mileage  and  per  diem1;o  Mr.  Harbison,  con- 
testant from  Ashley  County,  695. 
Remarks  on ,  by : — 

Mr.  Mallory,  697. 

Mr.  Kyle,  697. 

Mr.  Cypert,  697. 

Mr.  Brooks,  697. 

Mr.  Sarber,  697. 

Mr.  Gantt,  697. 

Compensation  of  delegates  from  Izard  County,  691. 

Resolution  allowing  Hon.  W.  W.  Adams  the  same  per  diem  as 
other  members  of  the  Convention,  691. 
Remarks  on,  by: — 

Mr.  McClure,  691,  692. 
Mr.  Cypert,  691. 
Mr.  Dale,  692. 
Mr.  Montgomery,  692. 

Compensation  and  mileage  of  Stenographer,  724. 

Order  allowing  the  Stenographic  Reporter  compensation  for  time 
consumed  in  travelling  to  and  from  the  Convention,  and  mile- 
age for  distance  travelled,  724. 

Compensation  and  mileage  of  Assistant  Secretaries,  735,  747. 

Order  providing  that  the  First  and  Second  Assistant  Secretaries 
(  914  ) 


GEXEEAL  IXDEX. 


be  allowed  tlie  pay  and  mileage  for  each  thirty  miles  travelled, 
the  same  as  Delegates  from  their  respective  counties,  735. 
Kemarks  on,  by  : — 
Mr.  Kyle,  735. 
Mr.  Cypert,  735. 
Resolution  providing  that  the  Assistant  Secretaries  receive  ten 
dollars  per  day,  instead  of  eight,  747. 
Remarks  on,  by  : — 
Mr.  Gantt,  748. 
Mr.  Smith,  748. 
Compensation  of  Deputy  Sheriffs,  157,  196,  512,  740. 

Report  from  Committee  on  Finance,  upon,  196. 
Congress,  Act  of,  admitting  the  State  to  representation.  Addenda  follow- 
ing 812. 

Congress,  Action  of,  on  admission  of  the  State  to  representation,  etc.,  810, 

and  Addenda  following  812. 
Congress,  Members  of,  chosen  at  first  election  held  under  Constitution  of 

1868,  798. 

Congress,  Reconstruction  Acts  of — see  Reconstructiox  Acts. 

Constitution  of  1864,  Adoption  of,  88.  90.  123,  140,  156. 

Ordinance  adopting  a  Constitution  [Constitution  of  1864].  88. 
Remarks  on,  by  : — 

Mr.  Cypert,  88,  89,  101,  103,  105,  110,  140,  147. 
Mr.  Grey,  of  Phillips,  88,  91. 
Mr.  Brooks,  99,  103,  125,  145. 
Mr.  Bradley,  101,  117. 
Mr.  Hicks,  113. 
Mr.  Duvall,  123. 
Yeas  and  Xays  on,  157. 
Constitution  of  Arkansas,  from  certified  copy.  851. 

Constitution,  Amendment  and  revision  of,  353,  472. 

Report  of  Committee  on,  353. 
Constitution,  its  Arrangement  and  Phraseology,  Committee  on.  60. 

Report  from,  583. 

Constitution,  its  Schedule,  and  Ordinance,  614,  616,  640,  642,  656,  725, 
752,  756. 
Remarks  on,  by: — 
Mr.  Matthews,  .618. 
Mr.  ]S'orman,  624. 
Mr.  Murphy,  629. 
Mr.  Moore,^631. 
Mr.  Hodges,  of  Pulaski,  638. 
Mr.  Cypert,  639. 

(  915  ) 


GENEEAL  INDEX. 


Constitution,  its  Schedule  and  Ordinance— Remarks  on,  by : — 
Mr.  Hinkle,  642. 
Mr.  Duvall,  644. 
Mr.  Hinds,  646. 
Mr.  Gantt,  651. 
Eemarks  in  explanation  of  vote  on,  by: — 
Mr.  Adams,  665. 
Mr.  Beasley,  658. 
Mr.  Bell,  683. 
Mr.  Bradley,  660. 
Mr.  Brashear,  661. 
Mr.  Brooks,  662. 
Mr.  Coates,  663. 
Mr.  Corbell,  663. 
Mr.  Cypert,  664,  665. 
Mr.  Dale,  664. 
Mr.  Duvall,  664. 
Mr.  Evans,  665. 
Mr.  Exon,  665. 
Mr.  Gantt,  665. 
Mr.  Gray,  of  Jefferson,  666. 
Mr.  Grey,  of  Phillips,  666. 
Mr.  Hatfield,  667. 
Mr.  Hicks,  665,  668. 
Mr.  Hinds,  668. 
Mr.  Hinkle,  668. 
Mr.  Hoge,  665. 
Mr.  Johnson,  670. 
Mr.  Kyle,  670. 
Mr.  Langley,  671. 
Mr.  Mallory,  671. 
Mr.  Mason,  671. 
Mr.  Matthews,  672. 
Mr.  Misner,  672. 
Mr.  Moore,  665,  674,  726. 
Mr.  Murphy,  673. 
Mr.  McCown,  673. 
Mr.  Poole,  674. 
Mr.  Portis,  674. 
Mr.  Puntney,  674. 
Mr.  Rawlings,  675. 
Mr.  Pector,  676. 
Mr.  Reynolds,  665. 
Mr.  Rounsaville,  676. 
Mr.  Sams,  677. 

(  916  ) 


Eemarks  in  ex]:)lauation  of  vote  on  Constitution,  by  : — 

Mr.  Sarber.  677. 

Mr.  Scott,  678. 

Mr.  Sboppaeh,  678. 

Mr.  Sims,  678. 

Mr.  Smitb,  679. 

Mr.  Snvcler,  679. 

Mr.  Van  Hook,  680. 

Mr.  talker,  680. 
Alison,  681. 

Mr.  Vvlnte.  682. 

Mr.  Williams.  6^3. 

Mr.  T\>io'bt.  665.  683. 

Mr.  AVyatt.  6S3. 
Protest  against.  756. 
Remarks  on,  by  : — 

Mr.  Hodges,  of  Pulaski,  756,  759. 

Mr.  Gantt,  756,  757.  759. 

Mr.  Brooks,  757,  758,  759. 
Constitution,  Election  for  ratification  of,  738. 

Commtmication  from  Hdqrs.  4tb  Mil.  Dist.,  relative  to  extension 

of  time  for,  739. 
'    Consolidated  report  of  (under  Act  of  Congress).  807. 

Eeport  of  Dist.  Commander  on  (under  Act  of  Congress  i.  887. 
Contents.  Table,  of  Appendix,  767. 

Convention,  assembling  of,  43. 

organization  of,  44. 
Convention,  Powers  and  duties  of  the,  180. 
Eesolution  defining  the,  180. 

Remarks  on.  by  : —  ♦ 
Mr.  Cypert,  181. 
Mr.  Bradley,  182. 
Mr.  Brooks,  182. 
Mr.  Matthews,  183. 
Mr.  McClure.  184. 
Yeas  and  Xays  on,  184. 
Convention,  Expenses  of  the — Ste  Expenses. 

Conveyances,  Public,  251. 

Resolution  relating  to,  251. 
Coolidge,  TTilliam  P.,  Representative  in  Gen.  Assembly.  1868,  798. 
Corbel],  Joseph  H..  a  Delegate  from  Sevier  County. 

Election  announced,  36. 

Appeared,  54. 

(  9ir  ) 


GENEEAL  INDEX. 


Corbell,  Joseph  H.,  a  Delegate  from  Sevier  County. 
Sworn,  54. 

36,  54,  60,  247,  316,  366,  444,  491,  508,  517,  663,  743. 
Explanation  of  Vote  on  the  Constitution,  663. 
Remarks  on : 

Intermarriage  of  the  races,  508. 
Correspondence,  Committee  on,  197. 

Resolution  providing  for  appointment  of,  197. 
Remarks  on,  by  :— 
Mr.  Cypert,  197. 
Mr.  Brooks,  197. 
Appointment  of,  199. 

Correspondence  between  Board  of  Commissioners  of  Election,  and  Bvt. 

Maj.  Gen.  Gillem,  Comm'd'g  Fourth  Military  District,  789. 
Cotton,  Raw,  Tax  on,  58. 

Resolution  relating  to  the  removal  of,  58. 

Memorial  respecting,  179. 

Counties  and  Townships,  Committee  on,  52,  61. 

Report  from,  450. 
Court,  Criminal  and  U.  S.,  at  Helena,  202. 
Remarks  on,  by  : — 
Mr.  .Kyle,  202,  203. 
Mr.  Brooks,  203. 

Credentials,  Resolution  providing  for  appointment  of  a  committee  on,  44. 

Cunningham,  A.  G.,  Testimony  of,  before  Committee  on  Elections,  on 

subject  of  Ashley  County  contested  election,  773. 
Curry,  R.  S.,  Representative  in  Gen.  Assembly,  1868,  798. 

Cypert,  J.  E".,  a  Delegate  from  White  County. 
*     Election  announced,  36. 
Appeared,  46. 
Sworn,  53. 

36, 46,  47,  48,  49,  51,52,  53,  54,  55, 56,  59,  60,  61,  62,  63,  66,  69, 71, 
72,  73,  75,  77,  80,  87,  88,  89,  90,  91,  99, 100,  101, 103,  105,  110, 
128,  129,  130,  132,  134,  135,  136,  137,  139,  140,  141,  146,  147, 
156,  158,  159,  161,  163,  165,  167,  173,  174,  175,  177,  178,  179, 
181,  186,  187,  188,  192,  194,  195,  197,  198,  200,  201,  202,  204, 
205,  210,  211,  214,  218,  220,  223,  226,  228,  232,  236,  243,  244, 
246,  250,  251,  252,  256,  257,  258,  268,  282,  286,  288,  298,  299, 
300,  301,  302,  306,  308,  317,  319,  323,  324,  332,  333,  334,  342, 
344,  345,  351,  352,  358,  373,  377,  383,  384,  394,  395,  396,  398, 
401,  402,  405,  406,  409,  410,  411,  412,  413,  414,  415,  417,  419, 

'  421,  423,  425,  426,  427,  434,  435,  449,  453,  455,  456,  461,  462, 
463,  464,  465,  467,  468,  472,  473,  481,  483,  484,  489,  491,  496, 

(  918  ) 


GEIS^EEAL  INDEX. 


500,  504,  506,  508,  511,  512,  514,  516,  522,  524,  525,  526,  527, 
528,  532,  536,  539,  540,  541,  542,  561,  562,  568,  570,  572,  573, 
574,  575,  578,  579,  580,  581,  582,  611,  612,  615,  617,  639,  650, 
652,  662,  664,  665,  685?  687,  688,  690,  691,  692,  695,  697,  698, 
699,  702,  704,  706,  708,  709,  710,  715,  728,  729,  735. 
Cjpert,  J.  iS^. — Resolutions  offered  by,  59,  75,  690. 

Explanation  of  vote  on  the  Constitution,  664,  665. 

Remarks  on : — 

Administration  of  oatli  of  office,  49. 
Resolution  for  relief  of  the  poor  of  the  State,  55. 
Resolution  for  reduction  in  number  of  officers,  and  of  newspa- 
pers furnished,  59,  62,  63. 
Izard  County  Election,  69,  570,  572,  574. 
Committee  on  Penitentiary,  71. 
Limitation  of  Debate,  73. 

Adoption  of  the  Constitution  of  1864,  88,  89,  91, 101,  103,  105, 

110,  141,  146,  147. 
Ashley  County  Election,  130,  134, 136,  137,  324,  332,  333,  334, 

345. 

Ouachita  County  Election,  139. 
Little  Rock  and  Fort  Smith  Railroad,  159,  163,  228. 
Report  of  Committee  on  Legislative  Department,  173,  174. 
Powers  and  duties  of  the  Convention,  181. 
Appointment  of  Committee  on  Correspondence,  197. 
Appointment  of  Committee  on  Ratification,  198. 
Reading  of  journal  from  bound  book,  200. 
Expenses  of  the  Convention,  210. 

Ordinance  regulating  the  compensation  of  members  and  offi- 
cers, 220,  282,  286,  288. 
Resolution  relating  to  disfranchisement,  236. 
County-seat  of  Little  River  County,  302. 
Removal  of  papers  from  Secretary's  desk,  306. 
Exemption  of  real  and  personal  estate,  358. 
Intermarriage  of  the  races,  373,  384,  496. 

Final  adjournment,  396,  398,  401,  409,  410,  411,  412,  413,  414, 
415,  416. 

Rebuilding  of  levees,  425,  426,  427. 

Continuance  of  Freedmeu's  Bureau,  434,  435,  455,  456,  462, 

464,  465,  467,  468. 
Lease  of  Penitentiary,  483,  484. 

Minority  Report  of  Committee  on  Penitentiarj^,  526,  527,  528. 

Finances  of  the  State,  541,  542,  561. 

Question  of  privilege,  568. 

Per  diem  of  delegate  from  Izard  County,  691. 

Per  diem  and  mileage  of  contestant  from  Asliley  County,  697. 

(  919  ) 


GENEEAL  INDEX. 


Cypert,  J.  N. — Remarks  on  : — 

Female  suffrage,  708,  709,  710. 
Leaves  of  absence,  729. 

Pay  and  mileage  of  Assistant  Secretaries,  736. 

D. 

Dale,  George  W.,  a  delegate  from  Independence  County. 
Election  announced,  771. 
Appeared,  45. 
Sworn,  53. 

45,  53,  56,  61,  69,  129,  184,  204,  234,  237,  253,  316,  339,  340, 
395,  473,  474,  569,  577,  664,  692,  710,  711,  715,  771. 
Resolution  offered  by,  234. 
Explanation  of  vote  on  the  Constitution,  664. 
Remarks  on ; — 

Resolution  relating  to  disfranchisement,  237. 
Ashley  County  election,  339. 
Izard  Countj^  election,  569,  577. 
Female  suffrage,  etc.,  710,  711,  715. 
Davis,  G.  W.,  Representative  in  General  Assembly,  1868,  798. 
Davis,  L.  W.,  Resolution  appointing,  one  of  the  Commissioners  to  locate 

County-seat  of  Little  River  County,  197. 
Deaf  Mutes,  Asylum  for,  205,  247. 

Receipt  of  communications  respecting,  205,  247. 
Debate,  Limitation  of,  73,  472,  484. 
Remarks  on,  by  : — 
Mr.  Cypert,  73. 
Mr.  Montgomery,  73. 
Mr.  Bradley,  73. 
Mr.  Hodges,  of  Pulaski,  74. 
Debt,  collection  of.  Suspension  of,  58,  232,  233. 

Resolution  to  memorialize  the  Commander  of  the  Department 
for  the,  58. 

Ordinance  to  Stay  the  Collection  of  Debt,  232. 

Ordinance  for,  233. 
Debt,  Public,  Committee  on — see  Finance,  Committee  on. 
Debts  due  to  School-fund — see  School-Fund. 
Delegates,  List  of,  3. 

Dell,  Valentine,  Senator  of  Arkansas,  1868,  798. 

Demby,  Josiah  H.,  Representative  in  General  Assembly,  1868,  798. 

Democratic  Convention,  Use  of  hall  for,  361. 

Resolution  tendering  the,  and  providing  for  appointment  of  Com- 
mittee to  inform  Chairman  of  Democratic  State  Central  Com- 
mittee of  the  fact,  361. 

(  920  ) 


GENERAL  INDEX. 


Deputy  Sheriffs,  Payment  of,  157,  196,  512,  740. 

Report  from  Committee  on  Finance,  on,  196. 
Dial,  Samuel,  Representative  in  General  Assembly,  1868,  797. 

Disabilities,  Political,  Removal  of,  57,  166,  184,  538,  747,  749,  753,  760, 
763. 

Resolution  providing  for  appointment  of  committee  to  memorial- 
ize Congress  on,  57,  166. 
Appointment  of  committee  to  prepare  memorial  for,  184. 
Resolution  instructing  Chairman  of  Committee  on  Memorials  to 
include  in  Memorial  to  Congress  for  relief  of  persons  disfran- 
chised, the  names  of  such  persons  as  may  be  recommended  by 
Republican  members  of  Convention,  753. 
Remarks  on,  by : — 
Mr.  Brooks,  753,  754. 
Mr.  Montgomery,  753. 
Mr.  Hodges,  of  Pulaski,  754. 
Resolution  providing  for  printing  five  hundred  copies  of  Report 
of  Committee  on  Memorial  for,  760. 
Disfranchisement,  234,  265,  266,  452. 

Resolution  instructing  the  Committee  on  Franchise  to  inquire 
into  the  expediency  of  disfranchising  certain  classes  of  persons, 
234. 

Amendments  to,  235. 
Remarks  on,  by  : — 

Mr.  McClure,  235,  238,  240. 

Mr.  Matthews,  235. 

Mr.  Brooks,  235,  240,  241,  242. 

Mr.  Cypert,  236. 

Mr.  Dale,  237. 

Mr.  McCown,  238. 

Mr.  Grey,  of  Phillips,  238. 

Mr.  Puntney,  240. 

Mr.  Hodges,  of  Pulaski,  240,  241. 

Mr.  Montgomery,  241. 

Mr.  Snyder,  242. 
Resolution  instructing  the  Committee  on  Franchise  to  disfran- 
chise all  men  engaged  in  rebellion  up  to  4th  July,  1864,  243. 
Amendment  to,  243. 
Resolution  instructing  the  Committee  on  Franchise  to  inquire 
into  the  expediency  of  disfranchising  all  men  engaged  in  re- 
bellion up  to  4th  April,  1864,  244. 
Resolution  instructing  the  Committee  on  Franchise  to  inquire 
into  the  expediency  of  disfranchising  all  men  that  opposed  re- 
construction, 245. 

I  921  ) 


GENEEAL  mDEX. 


Disfranchisement :  ' 

Resolution  instructing  the  Committee  on  Franchise  to  inquire 
into  the  propriety  of  disfranchising  all  persons  who  have  taken 
the  "  Iron-clad  "  oath  for  the  purpose  of  accepting  office,  and 
who  have,  or  may  hereafter,  oppose  reconstruction,  265. 
•  Resolution  requesting  the  Committee  on  Franchise  to  consider 
the  propriety  of  disfranchising  no  citizen  who  aided  in  recon- 
struction, 266. 

Resolution  instructing  Committee  on  Constitution,  &c.,  to  report 
an  article  disfranchising  all  persons  who  oppose  reconstruc- 
tion, 452. 

Resolution  disfranchising  John  M.  Bradley,  and  nobody  else,  452. 
Yeas  and  ^Tays  on,  235,  516,  517. 

District,  Fourth  Military  : 

General  Orders  l^o.  31,  Sept.  26,  1867  (preliminary  registration, 
and  election  on  question  of  holding  Convention),  27. 

Circular  ^o.  18,  Oct.  2,  1867  (modification  of  method  of  con- 
ducting election  in  certain  specified  precincts),  31. 

General  Orders  'No.  37,  Dec.  5,  1867  (declaring  result  of  elec- 
tion on  question  of  holding  Convention,  and  directing  assembly 
of  Convention),  32. 

General  Orders  No.  43,  Dec.  21,  1867  (declaring  vote  on  ques- 
tion of  holding  Convention,  and  announcing  names  of  dele- 
gates), 33,  771. 

Special  Orders  No.  3,  Jan.  4, 1868  (Ouachita  County  election),  38. 
Special  Orders  No.  4,  Jan.  6,  1868  (Ashley  County  election),  39. 
Special  Orders  No.  14,  Jan.  23,  1868  (Lafayette  County  elec- 
tion), 40. 

Special  Orders  No.  16,  Jan.  25,  1868  (Ouachita  County  election), 
41. 

Supplemental  paragraph  to  General  Orders  No.  43,  Dec.  21,  1867 
(Announcing  additional  elections  of  delegates),  771. 

Communication  from  Headquarters  of,  Jan.  4,  1868  (Ouachita 
County  election),  139. 

Communication  from  Headquarters  of,  transmitting  accounts  of 
Deputy  Sheriffs,  for  services  rendered  at  election  upon  ques- 
tion of  calling  Convention,  etc.,  received,  157. 

Endorsement  from  Headquarters  of,  upon  communication  from 
Bvt.  Maj.  Gen.  Arnold,  commanding  Post  of  Little  Rock,  to 
Maj.  O.  D.  Greene,  Asst.  Adj.  Gen.  4th  Mil.  Dist.,  ^^ov.  26, 1867 
(submitting  Inspection  Report  of  Military  Prison  at  Little 
Rock),  783. 

General  Orders  No.  7,  Feb.  14,  1868  (announcing  adoption,  by 
Convention,  of  Constitution,  providing  for  revision  of  registra- 
tion, and  prescribing  regulations  of  election),  786. 


GEXEEAL  IXDEX. 


District,  Fourth  Military : 

Report  of  General  commanding,  on  election,  under  Act  of  Con- 
gress, for  ratification  of  Constitntion,  804. 
Divelbiss,  Daniel  H.,,  Eepresentative  in  General  Assembly,  1868,  798. 
Documents — see  Papers. 

Doorkeeper  of  the  Convention,  Election  of,  51. 
Doorkeeper  of  the  Convention,  First  Assistant,  Election  of,  51. 
Doorkeeper  of  the  Convention,  Second  Assistant,  Election  of,  51. 
Doorkeeper  of  the  Convention,  Third  Assistant,  Election  of,  51. 
Duke,  S.  A.,  Eepresentative  in  General  Assembly,  1868,  798. 
Duvall,  Bouldin,  a  delegate  from  Lawrence  County. 

Election  announced,  35. 

Appeared,  45. 

Xominated  for  President  of  Convention,  47. 

Declines  nomination. for  Presidency  of  Convention,  47. 

Sworn,  53. 

35,  45,  47,  48,  53,  69,  123,  125,  204,  212,  221,  289,  299,  317,  333, 

340,  406,  407,  409,  428,  470,  475. 
Explanation  of  vote  on  Constitution,  664. 
E  em  arks  on  : — 

Izard  County  election,  69. 

Adoption  of  Constitution  of  1864,  123. 

Ordinance  raising  revenue  for  the  purpose  of  defi-aying  ex- 
penses of  Constitutional  Convention,  212. 
Pay  of  members  and  otficers  of  the  Convention,  221. 
Eelief  for  poor  of  the  State,  289. 
Xavigation  of  Arkansas  and  Black  rivers,  299. 
Pay  of  members  and  officers  of  the  Convention,  317. 
Ashley  County  election,  333,  340. 
Final  adjournment  of  the  Convention,  406,  407. 
Continuance  of  Freedmen's  Bureau,  428,  470. 
The  Constitution,  644. 

E. 

Editor — see  slip  inserted  at  beginning  of  the  volume. 
Education,  Committee  on,  61. 

Eeport  of,  389,  477. 
Election,  Board  of  Commissioners  of — see  Board  of  Commissioners  of 
Elections. 

^^otice  of,  for  ratification  of  Constitution  (Subject  of),  698. 
Ordinance  providing  for  publication  of  notice  of  time  of  submis- 
sion of  the  Constitution  to  the  people,  for  ratification,  698. 

(  923  ) 


GEISTEEAL  mDEX. 


Election  : 

Yeas  and  ITays  on  the  above-named  Ordinance,  699. 
For  ratification,  Question  of  delay  of,  738. 

iTotice  of,  under  Act  of  Congress,  for  ratification  of  Constitu- 
tion, 784. 

I^otice  of,  under  provisions  of  Schedule  of  the  Constitution,  for 
ratification  of  the  Constitution,  and  election  of  State  ofiicers, 
784. 

on  the  question  of  holding  a  Convention,  Abstract  of  Eeturns 
of,  770. 

under  provisions  of  Schedule  to  Constitution,  for  ratification 
of  Constitution,  Returns  of,  795. 

under  Act  of  Congress,  for  ratification  of  Constitution,  Letter 
from  the  General  of  the  Army,  transmitting  report  of  District 
Commander  upon,  804. 

under  Act  of  Congress,  for  ratification  of  Constitution,  Consoli- 
dated report  of,  807. 
Elections,  Committee  on,  61. 

Testimony  accompanying  Report  of,  on  the  Ashley  County  elec- 
tion, 772. 

Report  of,  on  Izard  County  election,  249. 

Report  of,  on  Ashley  County  election,  252. 

Minority  report  on  Ashley  County  election,  253. 

Remarks  on,  by: — 
Mr.  Gantt,  256. 
Mr.  Wilson,  256. 
Mr.  Kyle,  257. 
Mr.  Hinds,  257. 
Mr.  Hodges,  of  Pulaski,  258. 
Mr.  Brooks,  259. 

for  particular  counties — see  the  names  of  the  counties. 
Election  of  officers,  by  the  Legislature,  78. 

Resolution  providing  for  reference,  to  the  appropriate  commit- 
tees, etc.,  of  the  question  of  expediency  of  election  by  the  Leg- 
islature, of  certain  State  officers,  78. 
Elective  Franchise — see  Franchise. 
Engrossment,  Committee  on,  61,  196. 

Of  the  Constitution,  Committee  on,  749. 

Resolution  directing  the  President  of  the  Convention  to  appoint 
a  Committee  to  compare  the  engrossed  copies  of  the  Constitu- 
tion with  the  Report  of  the  Committee  on  the  Constitution,  its 
Arrangement  and  Phraseology,  749. 
Enrolling  Clerk  of  the  Convention,  l^omination  for,  5L 
Election  of,  52. 
(  924  ) 


GEXEEAL  IXDEX. 


Errata,  812. 

Evans,  Amos  H.,  a  delegate  from  Monroe  County. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 

35,  45,  53,  60.  61,  223.  31«.  378,  473,  489,  665,  699,  747. 
.  Resolution  offered  by,  699. 

Explanation  of  vote  on  Constitution.  665. 
Evans,  A.  H.,  Senator  of  Arkansas,  1868,  798. 
Execution,  Stay  of — see  Stay  of  Executiox. 
Executive  Department.  Committee  on,  60,  393. 

Eeport  of,  303. 

Exemption  of  Real  and  Personal  Estate,  Committee  on,  61,  358. 

Ordinance  providing  for  additional,  185. 

Report  of  Committee  on.  205. 

Minority  Report  of  Committee  on,  206. 

Remarks  on,  by: — 
Mr.  Cypert,  358. 
Mr.  McCown,  358. 
Exon,  Solomon,  a  delegate  from  Clark  Comity.  ■ 

Election  announced,  34. 

Appeared.  45. 

Sworn,  53. 

34,  45,  48,  53.  61,  71,  223,  514,  577,  665,  747. 
Resolution  offered  by,  489. 
Explanation  of  vote  on  the  Constittition.  665. 
Representative  in  General  Assembly,  1868,  798. 
Expenditures,  Committee  on — see  Eixaxce,  Committee  ox. 

Expenses  of  the  Convention,  58,  71,  77,  79,  153,  175,  186,  194,  209,  231, 
233,  312,  686,  734,  737,  760. 

Resolution  instructing  Committee  on  Einance  to  estimate,  and  to 
report  Ordinance  for  levy  and  collection  of  necessary  tax 
therefor,  58. 

Ordinance  raising  revenue  for  the  purpose  of  defraying,  72. 

Ordinance  [substitute  for  the  above]  to  provide  for  payment  of,  77. 

Resolution  instructing  Committee  on  Memorials  and  Ordinances 
to  inquire  into  propriety  of  providing  for  payment  of  expenses 
of  Convention  out  of  funds  in  State  Treasury,  January  13, 
1868,  and  of  memorializing  the  District  Commander  for  his 
approval,  79. 

Remarks  on,  by  : — 

Mr.  McClure,  73,  209,  210,  214,  312,  313,  314. 
Mr.  Hodges,  of  Pulaski,  187. 

(  925  ) 


GENEEAL  mDEX. 


Eemarks  on,  by : — 
Mr.  Montgomery,  187. 
Mr.  Hinds,  187,  314. 
Mr.  Cypert,  187,  194,  210. 
Mr.  Brooks,  212,  213. 
Mr.  Beasley,  214. 
Mr.  Matthews,  214,  312. 
Mr.  Kyle,  215. 
Mr.  Portis,  313. 

Ordinance  providing  and  making  appropriations  for  the  per  diem 
and  mileage  of  members  of  the  Convention,  and  other  neces- 
sary expenses,  175. 
Remarks  on,  by  : — 

Mr.  Cypert,  175,  177, 178. 
Mr.  Brooks,  175. 
Mr.  Matthews,  178. 
Mode  of  immediate  payment  of,  686. 
Remarks  on,  by  : — 

Mr.  Hodges,  of  Pulaski,  687. 
The  President,  687. 
Resolution  requesting  the  State  Treasurer  to  telegraph  to  the 
General  Commanding  Fourth  Military  District,  for  an  order 
directing  the  Auditor  to  draw  his  warrant  for  the  payment  of 
all  expenses  of  the  Convention,  735. 
Yeas  and  mys  on,  178,  179,  212,  314. 
Expenses  under  Schedule— see  Schedule. 


F. 

Federal  Relations,  Committee  on,  87, 

Appointment  of,  99. 
Female  Suffrage,  701,  702,  703„ 
Remarks  on,  by  : — ■ 
Mr.  Langley,  704. 
Mr.  Cypert,  708. 
Mr.  Gantt,  710. 
Mr.  Dale,  710. 

Fengler,  Albert,  Resolution  appointing  CommissioneT  to  locate  County- 
seat  of  Little  River  County,  197. 

Fenno,  E.  D.,  Representative  in  General  Assembly,  1868,  797. 

Ferguson,  Jerome,  Representative  in  General  Assembly,  1868,  797. 

Finance,  Taxation,  Public  Debt,  and  Expenditures,  Committee  on,  ap- 
pointed, 61. 

(  926  ) 


GEXEEAL  IXDEX. 


Eesolution  instructing,  to  estimate  expenses  of  Convention,  and 
to  report  Ordinance  for  levy  and  collection  of  necessary  tax 
therefor,  58. 

Report,  by,  of  Ordinance  raising  revenue  for  the  purpose  of  de- 
fraying expenses  of  Constitutional  Convention,  72. 

Eeport  of,  on  provisions  of  the  Constitution  on  subject  of  finance, 
189,  361. 

Eeport  of,  on  payment  of  Deputy  Sheriffs,  196. 
Report  of,  on  reduction  in  number  of  officers  of  Convention, 
196. 

Eeport  of,  on  finances  of  the  State,  485. 

Finances  of  the  State,  541. 

Eesolution  instructing  Committee  on  Finance  to  ascertain  and 

report  condition  of,  320. 
Eeport  of  Committee  on  Finance  upon,  485. 
Eemarks  on,  by  : — 
Mr.  Cypert,  541. 
Mr.  McClure,  543,  565. 
Mr.  Moore,  543. 

Mr.  Hodges,  of  Pulaski,  547,  561. 
Mr.  Brooks,  548. 
Mr.  Bradley,  553,  561. 
Mr.  Kyle,  .559. 
Mr.  Hinds,  565. 

Fitch,  J.  v.,  nominated  First  Assistant  Secretary  to  the  Convention,  49. 
Xomination  withdrawn,  50. 

Xominated  Third  Assistant  Secretary  to  the  Convention,  50. 
Elected  Third  Assistant  Secretary  to  the  Convention,  61. 
Fitzwater,  John  H.,  Eepresentative  in  General  Assembly,  1868,  797. 
Fourteenth  Article  of  Amendment  to  Constitution  of  United  States,  Pro- 
ceedings of  General  Assembly  of  State  of  Arkansas,  upon 
ratification  of,  800. 
Franchise,  Elective,  Committee  on,  61,  265,  266,  512,  532. 

Eesolution  instructing  Committee  on,  to  inquire  into  the  expe- 
diency of  disfranchising  certain  classes  of  persons,  234. 
Eemarks  on,  by  : — 

Mr.  McClure,  235,  238,  240. 

Mr.  Matthews,  235. 

Mr.  Brooks,  235,  240,  241. 

Mr.  Cypert,  236. 

Mr.  Dale,  237. 

Mr.  McCowu,  238. 

Mr.  Grey,  of  Phillips,  238,  241. 

Mr.  Puntney,  240. 

(  927  ) 


GENEEAL  mDEX. 


Remarks  on,  by : — 

Mr.  Hodges,  of  Pulaski,  240,  241. 

Mr.  Montgomery,  241. 

Mr.  Snyder,  242. 
Resolution  instructing  Committee  on,  to  inquire  into  propriety  of 
disfranchising  all  persons  having  taken  the  ''Iron-clad"  oath, 
for  the  purpose  of  accepting  office,  and  having  opposed,  or  who 
may  hereafter  oppose,  reconstruction,  265. 
Resolution  requesting  Committee  on,  to  take  into  consideration 
the  propriety  of  disfranchising  no  citizen  who  aided  in  recon- 
struction, 266. 

Resolution  instructing  Committee  on  the  Constitution  to  report 
an  article  thereof,  disfranchising  all  persons  opposing  recon- 
struction, and  providing  that  the  act  of  voting  against  the  adop- 
tion of  the  Constitution  shall  be  conclusive  evidence  of  such 
opposition,  452. 

.  Resolution  disfranchising  John  M.  Bradley,  and  nobodj^  else,  452. 
Reports  of  Committee  on  the  Elective  Franchise,  512,  532. 

Minority  Report  of,  514. 
Yeas  and  Nays  on,  235,  516,  517. 

Freedmen,  Resolution  instructing  Committee  on  Relief  for  the  Poor  of  the 
State,  to  consider  a  plan  by  which  Government  aid  may  assist 
in  the  permanent  location  of,  251. 

Freedmen's  Bureau,  308,  427,  454,  472. 

Resolution  providing  for  appointment  of  Special  Committee  to 

memorialize  Congress  to  continue,  until  reconstruction,  308. 
Appointment  of  Committee  to  draft  memorial  to  Congress  for 

continuance  of,  316. 
Report  of  Committee  to  draft  Memorial  to  Congress  for  continu- 
ance of,  427. 
Remarks  on,  by  : — 
Mr.  Kyle,  428,  459. 
Mr.  Duvall,  428. 
Mr.  Beasley,  428,  430. 
Mr.  Montgomery,  428,  448,  454. 
Mr.  Moore,  430,  433. 
Mr.  Wilson,  432,  445. 
Mr.  Hodges,  of  Pulaski,  433,  434. 
Mr.  Cypert,  434,  461,  462,  463. 
Mr.  Bradley,  436. 
Mr.  Grey,  of  Phillips,  438. 
Mr.  Brooks,  433. 
Mr.  Corbell,  444. 
Mr.  Gantt,  444. 

(  928  ) 


GEXEEAL  IXDEX. 


Remarks  on,  by  : — 

Mr.  ^lallory,^  446. 

Mr.  AValker.  446. 

Mr.  Job li son.  447. 

Mr.  Hinds,  460,  463,  465,  472. 
Resokition  requesting  Congress  to  instrnct  Chief  of.  to  officer  it 

with  more  honest  and  efficient  men,  433. 
Yeas  and  navs  on,  3i'i^.  460.  470. 
French,  George  M.,  Representative  in  General  Assembly,  1868,  79.8. 
Funds,  State,  Investment  of  in  IT.  S.  bonds,  75. 

Resolution  directing  custodian  of  State  Treasury  to  report,  to 

Convention,  information  respecting  investment  of,  in  17.  S. 

bonds,  75. 

Fund,  School — see  School  Fuxd. 

G. 

Gantt,  Robert  S.,  a  delegate  from  Prairie  County. 
Election  announced.  35. 
Appeared.  45. 
Sworn,  53. 

35.  45.  46.  47.  4^.  52.  53.  5^.  61,  69,  71,  74,  76,  136.  13S.  18^.  194. 

202.  212.  213,  227,  228,  250,  253,  256,  267,  286,  3u2,  313,  320, 

335.  336,  378,  385,  386,  387,  444,  445,  472,  481,  483,  485,  505. 

507,  508,  518,  519,  520,  523.  527,  528,  529.  530.  531.  532,  535, 

o37,  539,  541,  542,  569,  577,  581,  611,  612,  613,  615,  616,  640, 

641,  642,  651,  652,  653,  654,  655,  656,  666.  684,  688.  689,  694, 

695.  696,  701,  702,  710.  715.  727.  72^.  729,  730,  736.  740,  743, 

744.  745,  746.  748,  756,  757.  758.  759. 
Resolution  offered  by,  52. 
Explanation  of  vote  on  Constitution,  665. 
Remarks  on  : — 

Appointment  of  Committee  on  Penitentiary,  71. 

Ordinance  raising  revenue  for  the  purpose  of  defraying  the  ex- 
penses of  the  Constitutional  Convention,  212. 

Ashley  County  election,  256,  335. 

County-seat  of  Little  River  County,  302.  385,  387. 

Continuance  of  Freedmen's  Bureau,  444,  445. 

Report  of  Committee  on  Penitentiary,  481,  527,  528,  529,  530. 
531,  532. 

Intermarriage  of  the  races,  508. 

Sale  of  Arkansas  Hot  Springs,  519. 

Izard  County  election,  577,  581. 

The  Constitution,  651. 

Impeachment  of  Judges  Harrell  and  Hargrove,  694. 

59  (  929  ) 


GEISTERAL  INDEX. 


Gantt,  Robert  S. — Remarks  on  : — 

Per  diem  and  mileage  of  contestant  from  Ashley  County,  698. 

Female  suffrage,  710. 

Grant  of  leaves  of  absence,  728,  729. 

Printing  for  the  Convention,  745,  746. 

Additional  compensation  of  Assistant  Secretaries,  748. 

Protest  against  Constitution,  756,  757,  759. 
General  Assembly,  List  of  members  of,  elected  March,  13th,  1868,  797. 
Meeting  of  first,  798. 
Organization  of  first,  799. 
Election  by,  of  United  States  Senators,  799. 

Proceedings  of,  upon  ratification  of  Fourteenth  Article  of  Amend- 
ment to  Constitution  of  United  States,  800. 

General  Orders — see  District,  Fourth  Military,  and  Sub-District  of 
Arkansas. 

Gibbons,  John  J.,  Representative  in  General  Assembly,  1868,  798. 
Gibson,  Thomas  M.,  Representative  in  General  Assembly,  1868,  798. 
Goad,  John,  Representative  in  General  Assembly,  1868,  798. 
Goodman,  D.  M.,  Senator  of  Arkansas,  1868,  797. 
Gray,  James  M.,  a  delegate  from  Jefierson  County. 

Election  announced,  771. 

Appeared,  45. 

Sworn,  53. 

45,  53,  60,  61,  666,  771. 

Explanation  of  vote  on  the  Constitution,  666. 
Gray,  John  M.,  Representative  in  Generai  Assembly,  1868,  798. 

Gray,  W.  H.,  a  delegate  from  Woodruff  County. 

Election  announced,  36.    [Did  not  appear  in  the  Convention.] 
36,  60. 

Gray,  William  H.,  Representative  in  General  Assembly,  1868,  798. 
Gregg,  Hon.  Lafayette,  68. 

Gregg,  Lafayette,  Associate  Justice  of  Supreme  Court  of  Arkansas,  1868, 
797. 

Grey,  William  H.,  a  delegate  from  Phillips  County. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 

35,  45,  53,  60,  61,  89,  91,  208,  217,  230,  234,  235,  238,  241,  242, 
251,  292,  302,  340,  349,  361,  362,  363,  366,  374,  414,  415,  416, 
417,  438,  470,  488,  491,  505,  508,  514,  524,  577,  645,  655,  666. 

Resolution  ofiered  by,  251. 

Explanation  of  vote  on  Constitution,  666. 
(  930  ) 


GENEEAL INDEX. 


drey,  William  H. — Remarks  on  : — 

Adoption  of  ConstitutioD  of  1864,  89,  91. 
Disfranchisement,  238. 
Relief  for  poor  of  the  State,  292. 
County-seat  of  Little  River  County,  302. 
Ashley  County  election,  349. 

Intermarriage  of  the  races,  363,  366,  374,  491,  505,  508. 
Final  adjournment  of  the  Convention,  417. 
Continuance  of  Freedmen's  Bureau,  438,  470,  497. 
Izard  County  election,  577. 
Gillem,  Bvt.  Maj.  Gen.  A.  C,  Commanding  4th  Military  District. 

For  General  and  Special  Orders  of,  see  District,  Fourth  Military. 
Communications  from : 

To  Commissioners  of  Elections,  March  2, 1868  (expenses  under 

Schedule  to  the  Constitution),  791. 
To  W.  R.  Miller,  Auditor  of  State,  ]\Iarch  2,  1868  (expenses 
under  Schedule  to  the  Constitutionj,  792. 
Communication  to  : 

From  State  Board  of  Commissioners  of  Elections,  Feb.  20, 
1868  (expenses  under  Schedule  to  the  Constitution),  789. 
Report  of,  April  22, 1868,  on  election,  under  Act  of  Congress,  for 
ratification  of  Constitution,  804. 
Grant,  Gen.  U.  S.,  Letter  to  House  of  Representatives,  U.  S.,  transmitting 
Report  of  General  coaimanding  Fourth  Military  District,  on 
election  under  Act  of  Congress,  for  ratification  of  Constitu- 
tion, 804. 

Report  to,  from  General  commanding  Fourth  ^Military  District, 
on  election  under  Act  of  Congress,  for  ratification  of  Consti- 
tution, 804. 

Telegram  from,  to  Maj.  Gen.  A.  C.  Gillem,  commanding  Fourth 
Mil.  Dis't  (passage  of  Amendatory  Reconstruction  Act),  806. 
Greene,  Maj.  0.  D.,  Asst.  Adj't  Gen.  Fourth  Military  District. 

Communication  to,  from  Henry  Page,  Treasurer  of  State,  June 

8,  1867  (investment  of  State  funds  in  U.  S.  bonds),  82. 
Communication  from,  to  J.  L.  Hodges,  783. 

Communication  to,  from  Bvt.  Maj.  Gen.  R.  Arnold,  commanding- 
Post  at  Little  Rock,  and  Supervising  Inspector  Military  Prison 
(submitting  Inspection  Report  of  Military  Prison  at  Little 
Rock),  782^. 
See,  also,  District,  Fourth  Military. 
Grove,  William  F.,  Testimony  of,  before  Committee  on  Elections,  on  sub- 
ject of  Ashley  County  contested  election,  772. 
Gunther,  Arthur,  Representative  in  General  Assembly,  1868,  798. 


(  ^'^i  ) 


GENERAL  INDEX. 


H. 

Hadley,  Ozro  A.,  Senator  of  Arkansas,  1868,  798,  801. 
Ilaney,  J.  H.,  Secretary  of  Little  Eock  and  Fort  Smith  Railroad,  Com- 
munication from,  227. 
Hall,  J.  C,  appointed  Postmaster  for  Convention,  55. 
Hall,  J.  R.,  Jr.,  Representative  in  General  Assembly,  1868,  797. 
Halliburton,  John  G.,  Testimony  of,  before  Special  Committee  on  Peni- 
tentiary, 777. 
Han  ley,  Thomas  B. 

Receipt  of  letter  from,  suggesting  establishment  of  Criminal  and 
U.  S.  Courts  at  Helena,  202. 
Harrison,  John  W.,  a  Delegate  from  Hot  Spring  County. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 
35,  45,  53,  60,  61. 
Harrison,  John  W.,  Representative  in  General  Assembly,  1868,  798. 
Harrison,  William  M.,  Associate  Justice  of  Supreme  Court  of  Arkansas, 
1868,  797. 

Harrison,  William,  Senator  of  Arkansas,  1868,  798. 

Hawkins,  Monroe,  Representative  in  General  Assembly,  1868,  798. 

Harbison  ,  a  claimant  of  seat  as  Delegate  from  Ashley  County,  333. 

Resolution  allowing  mileage  and  per  diem,  695. 
Hargrove,  Hon.  A.  M., 

Resolution  recommending  to  the  next  General  Assembly  to  relieve 
of  disabilities,  693. 
See^  also,  Impeachment. 
Ilarrell,  Hon.  Elias, 

Resolution  recommending  to  the  next  General  Assembly,  to  re- 
lieve of  disabilities,  693. 
See,  also,  Impeachment. 
Hatfield,  Robert,  a  Delegate  from  Franklin  County. 
Election  announced,  34. 

34,  61,  75,  243,  244,  253,  284,  316,  574,  577,  667,  668. 
Resolutions  offered  by,  243,  244. 
Explanation  of  vote  on  the  Constitution,  667. 
•      Remarks  on  : — 

Izard  County  election,  574,  577. 

Hawkins,  Monroe,  a  Delegate  from  Lafayette  County. 
Election  announced,  35. 
Appeared,  45. 
(  932  ) 


GEIsTEEAL  INDEX. 


Hawkins,  Monroe — 
Sworn,  53. 
35,  45,  53,  60,  61. 

Heppel,  William,  Testimony  of,  before  Committee  on  Elections,  on  subject 

of  Ashley  County  contested  election,  773. 
Hicks,  AYilllam  F.,  a  Delegate  from  Prairie  County. 

Election  announced,  35. 

Appeared,  45. 

Sworn,  54. 

35,  45,  54,  61,  62,  70,  113,  129,  154,  161,  174,  205,  268,  302,  313, 
335,  343,  394,  421,  423,  473,  509,  531,  589,  665,  666,  668,  687, 
690,  728,  729,  756. 

Explanation  of  vote  on  Constitution,  665,  668. 

Eemarks  on  : — 

Adoption  of  Constitution  of  1864,  113. 

Ordinance  declaring  County-seat  of  Little  River  County,  154. 

Investigation  of  affairs  of  Little  Rock  and  Ft.  Smith  Raih'oad,  161. 

Final  adjournment  of  the  Convention,  423. 

Intermarriage  of  the  races,  509. 

Report  of  Committee  on  Penitentiary,  531. 

Hill,  David,  Testimony  of,  before  Special  Committee  ou  Penitentiary,  779. 
Hinds,  James,  a  Delegate  from  Pulaski  County. 

Election  announced,  35. 

Appeared,  45. 

Sworn,  53. 

44,  45, 46, 48,  53,  54,  55, 56,  57,  60,  61,  64,  67,  68,  72,  78,  87, 88, 113, 
123, 128, 153, 154, 166, 167, 175, 179, 184, 191,  205, 206, 208,  209, 
215,  216,  233,  243,  245,  248,  252,  253,  257,  258,  276,  277,  278, 
279,  283,  284,  294,  296,  298,  299,  306,  307,  308,  314,  316,  318, 
320,  331,  342,  343,  344,  346,  362,  367,  391,  394,  398,  424,  426, 
452,  461,  463,  464,  465,  468,  474,  475,  477,  489,  490,  507,  510, 
512,  514,  518,  519,  525,  532,  540,  565,  582,  617,  635,  646,  647, 
648,  649,  650,  651,  652,  653,  668,  685,  695,  696,  737,  738,  742, 
743,  745,  747,  749,  754. 

Resolutions  offered  by,  54,  56,  67,  78,  166,  245,  298,  306,  308. 

Explanation  of  vote  on  the  Constitution,  668. 

Remarks  on : — 

Expenses  of  the  Convention,  187. 
Ashley  County  election,  257,  331,  344,  346. 
Pay  of  members  and  officers  of  the  Convention,  276,  277,  278, 
279. 

Navigation  of  Arkansas  River,  296,  298,  299. 
Ordinance  raising  revenue  for  the  purpose  of  defraying  the 
expenses  of  Constitutional  Convention,  314. 

{  983  ) 


GEISTEEAL  INDEX. 


Hinds,  James — Remarks  on: — 

Final  adjournment  of  the  Convention,  398,  413. 
Rebuilding  of  levees,  426. 

Continuance  of  Freedmen's  Bureau,  460,  463,  472. 
Intermarriage  of  the  races,  490. 
Sale  of  Arkansas  Hot  Springs,  519. 
The  Constitution,  646. 
Appointed  one  of  the  Commissioners  to  prepare  a  Code  of  Prac- 
tice, 737. 

Elected  Representative  in  Congress,  798. 

Hinkle,  Anthony,  a  Delegate  from  Conway  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

34,  45,  53,  54,  61, 123, 153, 198,  199,  317,  418,  419,  568,  613,  616, 
617,  642,  650,  658,  668,  669,  670,  671,  684,  693,  702,  703,  729, 
752. 

Explanation  of  vote  on  the  Constitution,  658. 
Remarks  on : — 

The  Constitution,  642. 

Impeachment  of  Judges  Harrell  and  Hargrove,  693. 
Hodges,  Asa,  a  Delegate  from  Crittenden  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

34,  45,  53,  56,  61,  76,  99,  199,  222,  225,  226,  232,  319,  320,  475. 
Resolutions  offered  by,  56,  232. 

Remarks  on : — 

Resolution  to  memorialize  the  commander  of  the  Military  Dis- 
trict, to  suspend  collection  of  the  State  tax,  56. 
Representative  in  General  Assembly,  1868,  798. 

Hodges,  H.  W.,  Representative  in  General  Assembly,  1868,  797. 
Hodges,  James  L.,  a  Delegate  from  Pulaski  County. 

Election  announced,  35. 

Appeared,  45. 

Sworn,  53. 

Appointed  one  of  the  Vice-Presidents  of  the  Convention. 

35,  44,  45,  48,  51,  52,  53,  54,  56,  57,  60,  61,  63,  69,  72,  74,  99,  129, 
136,  137,  138,  155,  156,  157,  160,  165,  167,  177,  178,  179,  181, 
182,  184,  186,  187,  189,  192,  194,  195,  196,  198,  199,  200,  201, 
207,  210,  211,  217,  218,  219,  220,  222,  225,  240,  241,  243,  245, 
249,  256,  257,  258,  259,  260,  261,  271,  282,  285,  292,  297,  299, 
305,  313,  315,  323,  346,  351,  352,  353,  357,  358,  363,  394,  406, 
409,  416,  418,  419,  420,  422,  423,  428,  433,  434,  437,  444,  467, 

(  ) 


GEISTEEAL  II^DEX. 


468,  470,  471,  483,  490,  491,  494,  502,  503,  504,  509,  525,  535, 
537,  540,  542,  547,  555,  556,  557,  561,  562,  564,  569,  570,  572, 
575,  578,  582,  583,  612,  613,  615,  631,  635,  638,  639,  640,  641, 
654,  656,  687,  698,  700,  701,  702,  703,  724,  725,  727,  728,  730, 
731,  732,  784,  735,  736,  737,  738,  741,  745,  747,  752,  753,  754, 
758,  759,  760,  763,  764,  785,  791. 

Eesolutions  ofFered  by,  52,  55,  57,  198,  396,  724,  735. 

Remarks  on  : — 

Reduction  in  number  of  officers,  and  of  newspapers  fur- 
nished, 63. 

Resolution  prescribing  limitation  of  debate,  74. 
Lafayette  County  election,  155. 

Investigation  of  aftairs  of  Little  Rock  and  Fort  Smith  Rail- 
road, 160. 

Expenses  of  the  Convention,  187. 

Reading  of  Journal  from  a  bound  book,  200. 

Pay  of  members  and  officers  of  the  Convention,  217,  218,  219, 
225,  282,  687. 

Disfranchisement,  240,  241. 

Ashley  County  election,  256,  257,  258,  346. 

Resolution  respecting  investigation  of  affairs  of  the  Peaiten- 
tiary,  261. 

Relief  for  poor  of  the  State,  292. 

Intermarriage  of  the  races,  363,  502,  509. 

Continuance  of  Freedmen's  Bureau,  433,  434,  470,  471. 

Report  of  Committee  on  Penitentiary,  483. 

Minority  Report  of  Committee  on  Penitentiary,  535. 

Finances  of  the  State,  565. 

Izard  County  election,  578,  582. 

The  Constitution,  638. 

Audit  of  accounts  of  Convention,  725. 

Revocation  of  leaves  of  absence,  731. 

Removal  of  political  disabilities,  754. 

Protest  against  the  Constitution,  756,  759. 

Hodges,  Peay,  &  Aliff — see  Testimony  before  Committee  on  Peniten- 
tiary. 

•  Hoge,  James  M.,  a  delegate  from  Washington  County. 
Election  announced,  36. 
Appeared,  54. 

Sworn,  54.  # 
36,  54,  61,  66,  68,  138, 194,  317,  363,  470,  509,  578,  665,  666,  670. 

740,  756,  758. 
Resolution  offered  by,  452, 
Explanation  of  vote  on  Constitution,  665. 

(  9:^5  ) 


GENEEAL  INDEX. 


Hoge,  James  M. — Eemarks  on  : —  '  » 

Pay  of  members  and  officers  of  the  Convention,  317. 
Continuance  of  Freedmen's  Bureau,  470. 
Intermarriage  of  the  races,  509. 
Hollis,  WilUam  G.,  a  delegate  from  Calhoun  County. 
Appeared,  71. 
Sworn,  71. 

61,  70,  71,  178,  180,  216,  217,  218,  219,  223,  224,^34,  245,  260, 

310,  312,  316,  523,  537. 
Eesolutions  offered  by,  245,  260. 
Resolution  to  add  to  Committee  on  Boundaries,  245. 
Remarks  on : — 

Pay  of  members  and  officers  of  the  Convention,  224. 
Homestead  Exemption — see  Exemption. 

Hopper,  James  F.,  Representative  in  Gen.  Assembly,  1868,  797. 

House  of  Representatives — see  Representatives,  House  of. 

Howard,  Gen.,  Chief  of  *»Freedmen's  Bureau,  Resolution  requesting,  to 

officer  the  Bureau  with  more  honest  and  efficient  men,  433. 
Hot  Springs,  306,  362,  518,  537. 

Resolution  providing  for  appointment  of  Committee  to  draft  me- 
morial to  Congress,  setting  forth  the  necessity  for,  and  asking, 
the  public  sale  of,  306. 
Remarks  on,  by  :-- 
Mr.  Brooks,  306. 
Appointment  of  Committee  on,  307. 
Memorial  to  Congress  for  public  sale  of,  518. 
Remarks  on,  by  : — 
Mr.  Hinds,  519. 
Mr.  Gantt,  519. 
Mr.  McClure,  521. 
Mr.  Moore,  523. 
Yeas  and  I^ays  on,  522. 

Houghton,  J.  A.,  a  delegate  for  Cross  and  Poinsett  Counties. 
Election  announced,  34. 
Appeared,  58. 
Sworn,  58. 
34,  58,  61,  522,  523. 

Representative,  in  Gen.  Assembly,  1868,  797. 
Hunt,  T.  J.,  Senator  of  Arkansas,  1868,  797. 

Hufstedler,  Jacob,  Sr.,  Representative  in  Gen.  Assembly,  1868,  797. 
Hutchinson,  John  H.,  a  delegate  from  Arkansas  County. 
Election  announced,  34. 
Appeared,  45. 
(  936  ) 


GEXEEAL  IXDEX. 


t 


Hiitcbinson.  John  H. — 
Sworn.  53. 

34,  44,  45,  53,  60,  61,  73,  99,  199,  253,  389,  473,  509,  514.  578, 

688,  691,  700. 
Eesolutions  otFered  by.  73.  700. 
Remarks  on  : — 

Intermarriage  of  the  races,  509. 

Izard  County  Election,  578. 
Senator  of  Arkansas,  1868,  798. 
Hyde.  Rev.  M.  S.,  elected  ckaplain  of  the  Convention,  52. 
Appeared.  130. 

Address  to  the  Convention,  750. 
See^  cds'j.  Chaplaix. 

I. 

Ill egiti m at e  C hil d re n . 

Ordinance  providing  for  inheritance  by,  539. 
Impeachment,  and  Removal  from  office,  Committee  on,  61,  471. 

Report  of  Committee  on,  247. 

of  Judges  Harrell  and  Hargrove,  693. 

Resolution  recommending  to  the  next  General  Assembly  the 
adoption  of  measures  to  relieve  Judges  Harrell  and  Hargrove 
of  disabilities  imposed  by  charges  preferred  against  them,  693. 
Remarks  on.  by  : — 
Mr.  Hinkle,^693. 
Mr.  Snyder,  693.  ^ 
Mr.  Gantt.  694. 

Improvements,  Internal — Sct  Ixterxal  Hipeovemexts. 

Inauguration  of  State  Government,  Action  of  Congress  respecting,  811. 

Index  to  Ordinances,  Public  Resolutions,  and  Orders,  and  Memorials  ad- 
dressed to  Congress,  839. 

Intermarriage  of  the  Races.  363,  391,  489,  505,  511. 

Resolution  instructing  Committee  on  Arrangement  and  Phrase- 
ology of  the  Constitution,  to  insert  a  clause  in  the  Constitution, 
forbidding  solemnization  of  matrimony  between  whites  and 
Africans,  363. 

Substitute  resolution  for  the  above,  instructing  Committee  on  the 
Constitution,  its  Arrangement  and  Phraseology,  to  insert,  in 
the  Constitution  a  clause  requiring  the  General  Assembly  to 
enact  laws  to  more  etfectually  prevent  miscegenation,  &c.,  367. 

Remarks  on,  by  : — 

Mr.  Hodges,^f  Pulaski,  363. 

Mr.  Gref.  of  Phillips,  363,  366,  374. 

Mr.  Bradley,  364,  368. 

(  937  ) 


• 


Intermarriage  of  the  Races — Remarks  on,  by: — 
Mr.  Montgomery,  368,  371. 
Mr.  McClure,  372. 
Mr.  Cypert,  373,  384. 
Mr.  Wilson,  375. 

Mr.  Langley,  376.  * 
Mr.  Brooks,  379,  387. 
Mr.  Gantt,  385,  387. 

Resolution,  the  Convention  insert  in  the  Constitution  a  clause 
forever  prohibiting,  &c.,  491. 

Ordinance  respecting,  491. 

Remarks  on,  by  :— 

Mr.  G-rey,  of  Phillips,  491,  497. 
Mr.  Cypert,  496. 

Ordinance  declaring  marriages  of  v^^hite  persons  with  negroes  or 
mulattoes,  illegal  and  void,  and  making  it  the  duty  of  the  Gen- 
eral Assembly  to  enact  such  laws  as  will  prevent  miscegenation 
in  the  State,  394. 

Resolution  declaring  utter  opposition  of  Convention  to,  and  rec- 
ommending General  Assembly  to  enact  such  laws  as  may 
effectually  govern  the  same,  489. 

Re m  arks  o  n ,  by  : — 
Mr.  Bradley,  489,  490. 
Mr.  Hinds,  490. 

Mr.  Grey,  of  Phillips,  490,  491,  497. 
Mr.  Kyle,  494. 
Mr.  Cypert,  496. 

Resolution  instructing  Committee  on  Constitution  to  report,  as  a 
a  part  of  Constitution,  an  Ordinance  making  void  any  mar- 
riage between  persons  of  white  and  negro,  or  mixed  blood,  and 
making  it  the  duty  of  the  Legislature  to  enact  laws  preventing 
miscegenation,  500. 

Remarks  on,  by  : — 
Mr.  White,  501. 

Mr.  Hodges,  of  Pulaski,  502,  509. 

Mr.  Beasley,  507,  510. 

Mr.  Bradley,  508. 

Mr.  Corbell,  508. 

Mr.  Cypert,  508. 

Mr.  Gantt,  508. 

Mr.  Grey,  of  Phillips,  508. 

Mr.  Hicks,  509. 

Mr.  Hoge,  509. 

Mr.  Hutchinson,  509. 

Mr.  Langley,  509. 

(  9''^8  ) 


GENERAL  INDEX. 


Intermarriage  of  the  Eaces — Remarks  on,  bv  : — 

Mr.  Mallory,  509. 

Mr.  McCown,  509. 

Mr.  Moore,  510. 

Mr.  Sarber,  510. 

Mr.  Wilson,  510. 

Mr.  White,  510. 

Mr.  Hinds,  510. 
Yeas  and  Xavs  on,  367,  378,  393,  394,  504,  505,  507. 
Internal  Improvements,  Committee  on,  61. 
Invitations : 

To  Governor  and  Snb-District  Commander,  to  seats  within  bar  of 

the  Convention,  74,  75. 
Resolntion  inviting  Governor  Mnrphy  and  General  Smith  to  seats 

v>^ithin  bar  of  the  Convention,  74. 
To  Dr.  T.  M.  Jacks,  to  address  the  Convention  on  subjects  of  gen- 
eral interest,  128. 
Resolution  inviting  Dr.  T.  M.  Jacks  to  address  the  Convention 

on  subjects  of  general  interest,  128. 
To  ladies,  to  attend  session  of  Convention,  488. 
Resolution  inviting  the  ladies  to  attend  the  session  of  the  Con- 
vention, 488. 
Investment  of  State  funds — see  Fuxds,  State. 
Ivy,  Lovinski,  Representative  in  General  Assembly,  1868,  798. 
Izard  County  election,  69,  249,  569. 
Remarks  on,  by: — 

Mr.  Duvall,  69,  581,  582. 

Mr.  Cypert,  69,  572,  574,  581,  582. 

Mr.  Kyle,  69. 

Mr.  Wilson,  70. 

Mr.  Bradley,  70. 

Mr.  Dale,  569,  577. 

Mr.  Reynolds,  569. 

Mr.  Moore,  570,  580,  581. 

Mr.  Brooks,  573,  576. 

Mr.  Hatfiekl,  574,  577. 

Mr.  Sarber,  574. 

Mr.  Brashear,  576. 

Mr.  Gantt,  577,  581.  - 

Mr.  Grey,  of  Phillips,  577. 

Mr.  Hodges,  of  Pulaski,  578,  584, 

Mr.  Hutchinson,  578. 

Mr.  Montgomery,  579. 

Mr.  McClure,  579,  581. 

(  939  ) 


GENEEAL  INDEX. 


Izard  County  election — Remarks  on,  by  : 

Mr.  Smith,  580. 

Mr.  Snyder,  581. 
Eeport  of  Committee  on  Elections  upon,  249. 
Yeas  and  iTays  on,  70. 

Izard  County,  Per  diem  of  delegate  from,  691. 

Resolution  allowing  to  W.  W.  Adams  bis  fall  per  diem  as  a 

member  of  the  Convention,  691. 
Remarks  on,  b}^ : — 

Mr.  McClure,  691. 

Mr.  Cypert,  691. 

Mr.  Dale,  692. 

Mr.  Montgomery,  692. 

Mr.  McClure,  692. 

J. 

Jacks,  Dr.  T.  M.,  Resolution  inviting  to  address  the  Convention  in  rela 
tion  to  matters  of  general  interest,  128. 

Jackson,  J.  M.,  appointed  Page  for  the  Convention,  52. 
Sworn,  55. 

Johnson,  Andrew,  President  of  U.  S.,  Veto  message  of,  on  Bill  admitting 
State  to  Representation  in  Congress,  Addenda  following  812. 

Johnson,  James  M.,  Lieutenant-Grovernor  of  Arkansas,  1868,  797. 

Johnson,  Thomas  P.,  a  delegate  from  Pulaski  County. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 

35,  45,  53,  60,  447,  504,  580,  645,  648,  670,  728,  749. 
Explanation  of  vote  on  the  Constitution,  670. 

Journal,  Reading  of,  from  bound  book,  179,  186,  199,  200. 
Remarks  on,  by:  — 
Mr.  Cypert,  179,  200. 
Mr.  Kyle,  186. 
Mr.  Cypert,  186. 
Mr.  Hodges,  of  Pulaski,  200. 
Yeas  and  'Nays  on,  201. 

Judiciary,  Committee  on  the,  60. 
Addition  to,  76. 

Memorial  respecting  appointment  by  Executive  of  the  State,  203. 
Remarks  on,  by: — 
Mr.  McCown,  204. 
Mr.  Cypert,  204. 

(  940  ) 


GE^^EEAL  IXDEX. 


K. 

Keaton,  Zach.,  Senator  of  Arkansas,  1868,  797. 

Kelly,  Elijah,  a  delegate  from  Pike  and  Polk  Counties. 

Election  announced,  35.  [Did  not  appear  in  Convention.] 
35,  60. 

Kirkham,  J.  H.,  nominated  Second  Assistant  Sergeant-at-Arms  of  the 
Convention,  51. 

Elected  Second  Assistant  Sergeant-at-Arms  of  the  Convention,  51. 
Sworn,  55. 

Knight,  E.  E.,  Eepresentative  in  General  Assembly,  1868,  798. 

Kyle,  Grayle  H.,  a  delegate  from  Dallas  County. 
Election  announced,  34. 
Appeared,  45. 

34,  45,  46,  48,  49,  53,  59,  61,  62,  67,  69,  76,  78,  132,  133,  154, 159, 

162,  164,  202,  203,  204,  210,  215,  225,  234,  235,  239,  244,  256, 

257,  265,  274,  284,  298,  309,  310,  311,  315,  341,  349,  351,  353, 

395,  396,  413,  416,  418,  428,  459,  469,  491,  494,  500,  503,  504, 

523,  532,  537,  559,  560,  569,  640,  655,  670,  671,  684,  696,  697, 

701,  702,  711,  735,  749. 
Eesolutions  offered  by,  78,  159,  309. 
Explanation  of  the  vote  on  Constitution,  670. 
Remarks  on  : — 

Izard  County  election,  69. 
►  Ashley  County  election,  132,  133. 

Ordinance  declaring  County-seat  of  Eittle  Eiver  County,  154. 

Lafayette  County  election,  154. 

Reduction  of  number  of  officers  of  Convention,  159. 

Investigation  of  affairs  of  Little  Rock  and  Fort  Smith  R.R.,  164. 

Reading  of  Journal  from  a  bound  book,  186. 

Establishment  of  Criminal  and  Y.  S.  Courts,  at  Helena,  202,  203. 

Ordinance  raising  revenue  for  the  purpose  of  defraying  expenses 
of  Constitutional  Convention,  215. 

Pay  of  members  and  officers  of  the  Convention,  225,  274. 

Ashley  County  election,  257,  349,  351. 

Navigation  of  Arkansas  and  Ouachita  Rivers,  297. 

Per  diem  of  Delegates  from  Ashley  County,  311. 

Einal  adjournment  of  the  Convention,  396,  413,  418. 

Continuance  of  Freedmen's  Bureau,  428,  459. 

Intermarriage  of  the  races,  494, 

Eiiiances  of  the  State,  559. 

Per  diem  and  mileage  of  contestant  from  Ashley  County,  697. 
Pay  and  mileage  of  Assistant  Secretary,  735. 
Representative  in  General  Assembly,  1868,  798. 

(  941  ) 


GENERAL  INDEX. 


L. 

Lafayette  County  election,  155,  158. 

Communication  from  A.  M.  Merrick,  respecting,  155. 

Remarks  on,  by: — 
Mr.  Montgomery,  156. 

Report  of  Committee  on  Elections,  upon,  165. 
Lamborn,  L.,  Memorial  from,  for  appointment,  by  Executive  of  the  State, 

of  the  Judiciary,  203. 
Langley,  Miles  Ledford,  a  delegate  from  Clark  County. 

Election  announced,  34. 

Appeared,  45. 

Sworn,  53. 

34,  45,  53,  56,  60,  61,  68,  218,  283,  316,  376,  377,  509,  511,  539, 

671,  699,  701,  703,  704,  706,  709,  710,  749. 
Explanation  of  vote  on  the  Constitution,  671. 
Remarks  on  : — 

Pay  of  members  and  officers  of  the  Convention,  283. 

Intermarriage  of  the  races,  376,  377,  509. 

Female  suffrage,  704. 
Leave  of  absence — see  Absence. 

Lee,  Daniel  R.,  Representative  in  General  Assembly,  1868,  797. 
Legislative  Department,  Committee  on,  60,  357. 
Report  of,  168,  357. 

1  emarks  on,  by  : —  , 
Mr.  Cypert,  173,  174. 
Mr.  Montgomery,  173,  174. 
Mr.  Sims,^175. 
Levees,  Rebuilding  of,  78,  424. 

Resolution  providing  for  appointment  of  Committee  to  draft  Me- 
morial to  Congress,  for  JSTational  aid  in,  78. 
Memorial  to  Congress  for,  424. 
1  emarks  on,  by — 

Mr.  Cypert,  425,  426,  427. 
Mr.  Hinds,  426. 
Little  River  County,  154,  197,  689. 

Ordinance  providing  for  location  of  County-seat  of,  154. 
Remarks  on,  by  : — 
Mr.  Hicks,  154. 
Mr.  Kyle,  154. 
Mr.  Hodges,  of  Pulaski,  155. 
Mr.  Brooks,  155. 
Resolution  providing  for  appointment  of  Commissioners  to  locate 
County-seat  of,  197. 

(  942  ) 


GENEEAL  INDEX. 


Little  River  County : 

Report  of  Committee  on  Boundaries,  on  location  of  County-seat 
of,  300. 

Remarks  on,  by  : — 

Mr.  Cypert,  300,  301,  302. 
Mr.  McClure,  300. 
Mr.  Brooks,  301. 
Mr.  Montgomery,  301,  302. 
Mr.  Gantt,  302. 
Mr.  Grey,  of  Phillips,  302. 
Ordinance  attaching  Little  River  County  to  the  Sixth  Judicial 

Circuit,  and  declaring  the  County-seat  thereof,  689. 
Yeas  and  I^ays  on,  302,  690. 
Limitation  of  debate — see  Debate. 

Lindsay,  Thomas,  Testimony  of,  before  special  Committee  On  the  Peni- 
tentiary, 774. 

Livesay,  James  M.,  Representative  in  General  Assembly,  1868,  797. 
Lists  : 

Of  Members  of  the  Convention,  3. 
Of -Officers  of  the  Convention,  11. 
Of  Standing  Committees  of  the  Convention,  11. 
Of  State  officers  chosen  at  election  of  March  13th,  1868,  797. 
Of  Members  of  General  Assembly  chosen  at  election  of  March 
13th,  1868,  797. 

Of  Representatives  in  Congress,  from  Arkansas,  chosen  at  elec- 
tion of  March  13th,  1868^,  798. 
Of  United  States  Senators  from  Arkansas,  chosen  by  the  Legisla- 
ture of  1868,  799. 
Of  Ordinances,  Public  Resolutions,  Orders,  and  Memorials  to 
Congress,  of  the  Convention,  817. 
Little  Rock  and  Fort  Smith  Railroad,  159,  227. 

Resolution  providing  for  appointment  of  Commissioners  to  in- 
vestigate the  affairs  of,  159. 
Amendment  to,  161. 
Remarks  on,  by — 

Mr.  Cypert,  159, 163,  228. 
Mr.  Bowen,  160,  162. 
Mr.  Hodges,  of  Pulaski,  160. 
Mr.  Beasley,  161. 
Mr.  Brooks,  161. 
Mr.  Hicks,  161. 
Mr.  Kyle,  162, 164. 
Mr.  McClure,  163,  229. 
Communication  from  J.  H.  Haney,  Secretarj^  of^  227. 
Yeas  and  nays  on,  165,  230. 

(  943  ) 


GEISTEEAL  INDEX. 


M. 

''Magazine"  County,  537. 

Resolution  creating,  and  instructing  the  first  Legislature  to  enact 
laws  for  carrying  into  effect  the  objects  of  the  resolution,  537. 
Mallory,  Samuel  W.,  a  delegate  from  Jefferson  County. 

Election, announced,  771. 

Appeared,  69. 

Sworn,  69. 

60,  61,  69,  215,  216,  226,  253,  283,  284,  285,  286,  310,  329,  334, 

358,  361,  362,  388,  446,  469,  473,  475,  488,  504,  509,  510,  541, 

578,  579,  611,  671,  697,  699,  732,  734,  736,  771. 
Resolutions  offered  by,  361,  475,  510. 
Explanation  of  vote  on  the  Constitution,  671. 
Remarks  on  : — 

Pay  of  members  and  ofiicers  of  the  Convention,  216,  283. 

Per  diem  of  Delegates  from  Ashley  County,  310. 

Ashley  County  election,  329,  334. 

Continuance  of  Freedmen's  Bureau,  446. 

Intermarriage  of  the  races,  509. 

Per  diem  and  mileage  of  contestant  from  Ashley  County,  697. 
Revocation  of  leaves  of  absence,  734. 
Mallory,  Samuel,  Senator  of  Arkansas,  1868,  798,  802,  803. 

Maness,  Z.  H.,  Representative  in  General  Assembly,  1868,  798. 

Martin,  George  H.,  Senator  of  Arkansas,  1868,  798. 

Matthews,  Samuel  J.,  a  delegate  from  Drew  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

34,  45,  53,  60,  61,  130, 178,  180,  183,  184,185,  192,  214,  233,  235, 
239,  243,  309,  310,  312,  334,  351,  352,  391,  408,  421,  422,  474, 
500,  504,  518,  612,  617,  618,  672,  728. 
Resolutions  offered  by,  180,  235,  243,  391,  500. 
Explanation  of  the  vote  on  Constitution,  672. 
Remarks  on  : — 

Ashley  County  election,  130. 
Powers  and  duties  of  the  Convention,  183. 
Ordinance  raising  revenue  for  the  purpose  of  defraying  ex- 
penses of  Constitutional  Convention,  214. 
Per  diem  of  Delegates  from  Ashley  County,  309,  351. 
Ordinance  raising  revenue  for  the  purpose  of  defraying  the 

expenses  of  Constitutional  Convention,  312. 
On  the  Constitution,  618. 
Matthews,  Andrew,  Testimony  of  before  Committee  on  Penitentiary,  776. 
(  944  ) 


GEXEEAL  IXDEX. 


Masou,  James  TT.,  a  delegate  from  Chicot  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

34,  45,  53,  61,  433,  470,  471,  485,  524,  525,  530,  535,  539,  671.  725, 
742. 

Eesolution  offered  by,  433,  691. 

Explanation  of  vote  on  the  Constitution.  671. 

Eemarlvs  on  : — 

Continuance  of  Ereedmen's  Bureau,  470,  471. 

Audit  of  accotmts  of  Convention,  725. 

Finances  of  the  State,  742. 
Senator  of  Arkansas,  1868,  798, 

Members  of  Congress  chosen  at  first  election  under  Constitution  of  1868. 
798. 

Members  of  the  Convention,  List  of^  3. 

May,  "William  A.,  Eepresentative  in  General  Assembly,  1868,  797. 
Memorials  addressed  by  the  Convention  to  Congress: 
Eespecting  the  tax  on  cotton,  179. 

Eor  the  appropriation  of  money  for  improving  the  Arkansas 

Eiver  from  its  mouth  to  Eort  Smith,  233,  294. 
Eor  amendment  of  bankrupt  laws,  318. 

Eor  rebuilding  of  levees  on  Mississippi  and  Arkansas  Elvers,  424. 
For  continuance  of  Ereedmen's  Bureau,  427. 
For  public  sale  of  Hot  Springs  of  Arkansas,  518-. 
Memorials  adopted  by  the  Convention,  List  of,  818. 

adopted  by  the  Convention,  as  published  by  authority,  833. 
adopted  by  the  Convention,  Index  to,  839. 

Memorial  addressed  to  the  Convention  : 

By  A.  M.  Merrick,  requesting  to  be  admitted  to  his  seat  in  the 
Convention,  155. 

By  L.  Lamborn,  respecting  appointment  of  Judiciary  by  Execu- 
tive of  the  State,  203. 

Memorials  and  Ordinances,  Committee  on.  61. 
Addition  to  Committee  on.  70. 
Eesolution  concerning  printing  of,  738. 

Merrick,  Alfred  M.,  a  delegate  from  Lafayette  County. 
Election  declared  invalid,  38. 
Ee-election  announced,  40. 

Memorial  from,  requesting  to  be  admitted  to  his  seat,  155. 
Appeared,  165. 
Sworn,  166,  167. 

38,  40,  155,  156,  165,  166,  167,  294,  300,  310,  312. 

60  (  945  ) 


GEISTEEAL  INDEX. 


Merrick,  Alfred  M.,  Representative  in  G-eneral  Assembly,  1868,  798. 
Merrick,  G.  A.,  named  for  Secretary  to  the  Convention,  49. 
Messenger  to  District  Headquarters,  319,  475,  690. 

Resolution  appointing  Hon.  Asa  Hodges  as,  319, 
Resolution  allowing,  to  Asa  Hodges,  mileage  for  his  travelling 
expenses  as  Messenger  of  the  Convention,  to  Yicksburg,  690. 
Mileage  [for  particulars,  see  Compensation],  215,  268,  272,  316,  489. 

Resolution  respecting,  489. 
Miller,  Rev.  Enoch  K,  389. 
Miller,  H.  A.,  Senator  of  Arkansas,  1868,  798. 
Miller,  Sol.,  Representative  in  Greneral  Assembly,  1868,  798. 
Miller,  W.  R.,  Auditor  of  State: — Communication  from, 

to  Chairman  of  Finance  Committee,  Feb.  1,  1868  [Report  of 
School-Fund],  488. 
Communication  to,  from  Headquarters  Fourth  Military  District 
(expenses  under  Schedule  to  the  Constitution),  792. 

Millsaps,  Jesse,  a  delegate  from  Van  Buren  County. 
Election  announced,  36. 
Appeared,  45. 
Sworn,  53. 
36,  45,  53,  61,  524. 

Representative  in  General  Assembly,  1868,  797. 
Miscegenation — see  Intermarriage  of  the  Races. 
Miscellaneous  Provisions,  Committee  on,  61. 
Misner,  Peter  G.,  a  delegate  from  Independence  County. 

Election  announced,  771. 

Appeared,  64, 

Sworn,  64. 

60,  61,  64,  334,  672,  734,  771. 

Explanation  of  vote  on  the  Constitution,  672. 

Mitchell,  Samuel  F.,  Representative  in  General  Assembly,  1868,  798. 

Moore,  W.  D.,  a  delegate  from  Ashley  County. 
Election  announced,  39,  40. 
Appeared,  130. 
Sworn,  260. 

39,  40,  130,  252,  253,  254,  255,  256,  260,  309,  324,  325,  334,  340, 
343,  344,  345,  352,  392,  394,  398,  420,  422,  430,  433,  457,  469, 
485,  509,  517,  518,  521,  523,  526,  530,  536,  540,  543,  545,  546, 
547,  565,  566,  567,  569,  570,  572,  573,  574,  580,  581,  612,  616, 
631,  632,  633,  635,  639,  640,  647,  649,  650,  652,  654,  665,  666, 
671,  674,  682,  684,  685,  715,  728,  756. 
Explanation  of  vote  on  the  Constitution,  665,  674. 
(  946  ) 


GEISTEEAL  IISTDEX. 


Moore,  W.  D. — Remarks  on  : — 

Ashley  County  election,  324,  345. 
Contiauance  of  Freedmen's  Bureau,  430,  433. 
Sale  of  Arkansas  Hot  Springs,  523. 
Report  of  Committee  on  Penitentiary,  530. 
Finances  of  the  State,  543,  565,  566. 
Izard  County  election,  570,  580,  581. 
The  Constitution,  631. 
Montgomery,  John  R.,  a  delegate  from  Hempstead  County. 
Election  announced,  35. 
ApjDeared,  45. 
Sworn,  53. 

35,  44,  45,  48,  49,  50,  52,  53,  60,  61,  63,  73,  87,  91, 123,  155,  156, 
157,  168,  165,  167,  173,  174,  187,  196,  202,  205,  216,  217,  219, 
222,  223,  232,  233,  234,  239,  241,  261,  266,  267,  272,  277,  278, 
279,  282,  285,  297,  301,  302,  308,  312,  342,  353,  367,  368,  371, 
392,  427,  428,  432,  448,  449,  453,  454,  456,  457,  459,  469,  472, 
473,  506,  532,  536,  540,  564,  573,  574,  579,  612,  641,  645,  655, 
656,  690,  692,  699,  700,  702,  703,  730,  732,  753,  760,  763,  764. 

Resolutions  offered  by,  308,  367,  753. 

Remarks  on : — 

Lafayette  County  election,  156. 

Report  of  Committee  on  Legislative  Department,  173,  174. 
Expenses  of  the  Convention,  187. 

Pay  of  members  and  officers  of  the  Convention,  216,  217,  219, 

222,  223,  272,  278,  279,  282. 
Disfranchisement,  239,  241. 
ISTavigation  of  Arkansas  River,  297. 
County-seat  of  Little  River  Couftty,  301,  302. 
Intermarriage  of  the  races,  368,  371. 
Continuance  of  Freedmen's  Bureau,  428,  448,  453,  454. 
Izard  County  election,  579. 
Per  diem  of  delegates  from  Izard  County,  692. 
Removal  of  political  disabilities,  763. 
Attorney-General  of  Arkansas,  1868,  797. 
Morrow,  TT.  T.,  Representative  in  General  Assembly,  1868,  798. 
Moseley,  Peter,  Representative  in  General  Assembly,  1868,  798. 
Mount,  Professor. 

Receipt  of  communications  from,  concerning  an  asylum  for  deaf 
mutes,  205,  247. 
Murphy,  William,  a  delegate  from  Jeiferson  County. 
Election  announced,  771. 
Appeared,  45. 
Sworn,  53. 

(  947  ) 


GENEEAL  IISTDEX. 


Murphy,  William,  a  delegate  from  Jefferson  County,  45,  53,  61,  99,  579, 
629,  673,  771. 
Explanation  of  vote  on  the  Constitution,  673. 
Remarks  on  : — 

The  Constitution,  629. 
Murphy,  Hon.  Isaac,  Governor  of  the  State. 

Resolution  inviting  to  seat  within  the  bar  of  the  Convention,  74. 
Acceptance  of  invitation  to  seat  within  bar  of  Convention,  75. 

Mustain,  A.  S.,  nominated  Third  Assistant  Doorkeeper  of  the  Conven- 
tion, 51. 

Elected  Third  Assistant  Doorkeeper  of  the  Convention,  51. 
Sworn,  55. 

Instructed  to  attend  to  mail  matter  of  the  Convention,  539. 
McClure,  John,  a  delegate  from  Arkansas  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

Appointed  one  of  the  Vice-Presidents  of  the  Convention,  700. 

34,  45,  47,  48,  53,  60,  61,  71,  72,  73,  78,  128,  129,  131,  133,  134, 
139,  157,  158,  163,  167,  184,  189,  192,  196,  209,  210,  214,  215, 
220,  229,  235,  238,  240,  259,  268,  269,  271,  272,  275,  279,  284, 
285,  300,  306,  307,  311,  312,  313,  314,  315,  320,  333,  334,  357, 
364,  372,  395,  400,  416,  419,  423,  443,  452,  453,  454,  477,  481, 
482,  483,  484,  485,  506,  517,  518,  521,  535,  536,  543,  545,  565, 
566,  567,  570,  571,  572,  575,  579,  581,  614,  615,  616,  617,  654, 
655,  660,  691,  692,  695,  700,  730,  731,  732,  733,  734,  735,  737, 
739,  740,  741,  743,  745,  783. 

Resolutions  offered  l:^y,  306,  452,  731,  735. 

Remarks  on  : — 

Ordinance  raising  revenue  for  the  purpose  of  defraying  ex- 
penses of  Constitutional  Convention,  73,  209,  210,  211,  214, 
312,  314. 

Ashley  County  election,  131,  133,  134,  259. 
Reduction  in  number  of  officers  of  Convention,  158. 
Investigation  of  affairs  of  Little  Rock  and  Fort  Smitb  Rail- 
road," 163,  229. 
Powers  and  duties  of  the  Convention,  184. 
Appointment  of  Public  Printer,  192. 

Pay  of  members  and  officers  of  the  Convention,  215,  269,  272. 
Disfranchisement,  235,  238,  240. 
County-seat  of  Little  River  County,  300. 

Resolutions  forbidding  removal  of  papers  from  Secretary's 
desk,  307. 

Per  diem  of  delegates  from  Ashley  County,  311. 

(  948  ) 


GEI^EEAL  I™EX. 


McClure,  John,  a  delegate  from  Arkansas  County. 

Remarks  on  : — Intermarriage  of  the  races,  372. 

Final  adjournment  of  the  Convention,  423. 

Report  of  Committee  on  Penitentiary,  482. 

Sale  of  Arkansas  Hot  Springs,  521. 

Minority  Report  of  Committee  on  Penitentiary,  535. 

Finances  of  the  State,  543,  565. 

Izard  County  election,  579,  581. 

Per  diem  of  delegates  from  Izard  County,  691. 

Revocation  of  leaves  of  absence,  731. 

Pay  of  Deputy  Sheriffs,  741. 

Printing  for  the  Convention,  745. 

Impeachment  of  Judges  Harrell  and  Hargrove,  693. 
Appointed  one  of  the  Commissioners  to  revise  the  Statute  Laws 

of  the  State,  736. 
Associate  Justice  of  Supreme  Court  of  Arkansas,  1868,  797. 

McCown,  George  "W.,  a  delegate  from  Columbia  County. 
Election  announced,  34, 
Appeared,  45. 
Sworn,  53. 

34,  45,  47,  53,  60,  61,  193,  204,  206,  222,  238,  244,  248,  272,  273, 
274,  277,  282,  295,  297,  300,  344,  350,  351,  352,  357,  358,  392, 
393,  394,  506,  509,  613,  614,  617,  641,  642,  654,  655,  673,  700, 
725,  726. 

Explanation  of  vote  on  the  Constitution,  673,  726. 
Remarks  on : — 

Memorial  of  L.  Lamborn  for  appointment,  by  the  Executive, 

of  the  Judiciary  of  the  State,  204. 
Disfranchisement,  238. 

Pa}"  of  members  and  officers  of  tlie  Convention,  272,  274, 
277,  282. 

i^'avigation  of  Arkansas  River,  295. 
Ashley  County  election,  344,  350,  351, 
Exemption  of  real  and  personal  estate,  358, 
Intermarriage  of  the  races,  509. 
Senator  of  Arkansas,  1868,  798. 

McCulloch,  Hon.  Hugh,  Secretary  U.  S.  Treasury: 

Communications  to:  From  Henry  Page,  Treasurer  of  State,  May, 

1867  (investment  of  State  funds  in  U.  S.  bonds),  83. 
From  Henry  Page,  Treasurer  of  State,  May  25th,  1867  (invest- 
ment of  State  funds  in  U.  S.  bonds),  84. 
McCullough,  "William  S.,  Representative  in  Greneral  Assembly,  1868,  798. 
McCuUough,  W.  T.,  Testimony  of,  before  Special  Committee  on  Peniten- 
tiary, 780. 

(  949  ) 


GENEEAL  INDEX. 


McDonald,  Alexander,  687. 

Elected  Senator  of  the  United  States,  T99. 

McPlierson,  W.  E.,  Testimony  of,  before  Special  Committee  on  the  Peni- 
tentiary, 774. 

N, 

IS'ash,  A.  L.  E.,  Testimony  of,  before  Committee  on  Penitentiary,  781. 
ISTavigation — see  Arkansas  Kiver,  and  Ouachita  River. 
Newell,  N.  M.,  Representative  in  General  Assembly,  1868,  798. 
Newspapers  for  members  and  officers,  56. 

Resolution  providing  for  the  procurement  of,  56. 

Resolution  providing  for  reduction  in  number  of,  furnished,  59. 

Norman,  George  W.,  a  delegate  from  Ashley  County. 
Election  announced,  39,  40. 
Appeared,  130. 
Sworn,  260. 

39,  40,  130,  252,  253,  254,  255,  256,  260,  309,  320,  334,  340,  624, 
696,  728,  756. 
Remarks  on : — 

Ashley  County  election,  620. 
The  Constitution,  624. 
Notice  of  Board  of  Commissioners  of  Elections,  announcing  ratification 
of  Constitution,  794. 
Of  Election,  under  Act  of  Congress,  for  ratification  of  Constitu- 
tion, 784. 

See,  also,  Election,  and  Ratification, 

O. 

Oath,  Delegates',  of  office,  53. 

Appointment  of  Committee  on,  48. 
Report  of  Special  Committee  on,  53. 

Administration  of,  to  members,  53,  54,  58,  64,  68,  71,  165,  167, 

260,  586,  740. 
To  officers,  55. 
Officers,  permanent,  of  the  Convention,  List  of,  11. 
Election  of,  46. 
Sworn,  55. 

Resolution  providing  for  reduction  in  number  of,  59,  158,  196. 
Remarks  on,  by  : — 
Mr.  Cypert,  59. 
Mr.  Brooks,  59. 
Mr.  McClure,  158. 

(  950  ) 


OfScers,  Report  of  Committee  of  Fiuauce  ou.  196. 
Yeas  and  nays  on.  60. 

Eesolution  directing  that  the  services  of  officers  embraced  in 
resolution  olFered  by  Mr.  Cypert-p.  59)  be  dispensed  vrith  until 
final  disposition  of  the  resolution,  62. 
Eemarks  on.  by: — 

Mr.  Bradley^  62,  63. 

Mr.  Kyle.  62. 

[Nlr.  Snyder.  62. 

Mr.  Cypert.  62. 

Mr.  Hodges,  of  Pulaski.  63. 

Mr.  Montgomery.  63. 
Yeas  and  nays  on.  63. 

Eesolution  instructing  the  Committee  on  Finance  to  report  back 
to  the  Convention,  resolution  concerning.  159. 

Eemarks  on,  by  : — 
Mr.  Kyle,  159. 
Officers  of  Convention.  Pay  of — sti  Compexsatiox. 

temporary,  of  the  Convention,  Selection  of.  44. 

of  State,  chosen  at  the  first  election  held  under  the  Constitution 
of  1868,  797. 

Officers,  State,  other  than  Executive,  Committee  on.  60. 
Eeport  of.  451. 

Olive.  M.  M.,  Eeprescnrative  in  General  Assembly.  1868,  798. 

Oliver,  Charles  H..  a  delegate  from  Scott  County. 
Election  announced,  35. 
Appeared.  45. 
Sworn,  53. 
35.  45.  53.  61,  450. 

Eepresentative  in  General  Assembly,  1868,  798. 
Ord,  Brevet  Maj.  Gen.  E.  0.  C.  commanding  Fourth  Military  District. 

For  General  and  Special  Orders  of,       District,  Fouhth  Mili- 
tary. 

Communications  from : — 

To  Henry  Page.  Treasurer  of  State,  May  21. 1867  (investment 

of  State  funds  in  K.  S.  bonds  ..  ^1. 
To  Henry  Page,  Treasurer  of  State,  June  10,  1867  (^investment 

of  State  funds  in  K.  S.  bonds),  82. 
To  Henry  Page,  Treasurer  of  State,  June  21, 1867  (investment 
of  State  funds  in  K.  S.  bonds),  83. 
Eeceipt  of  communication  fi'om,  transmitting  accounts  of  Deputy 
Sherifts  of  fifteen  counties,  157. 

Order.  Eules  of — sce  Eules  of  Order. 

(  ?3i  ) 


GEIsTEEAL  INDEX. 


Orders : 

Allowing  to  the  Stenographic  Reporter  of  the  Convention,  mile- 
age, and  compensation  for  time  consumed  in  travel,  724. 

Allowing  to  the  First  and  Second  Assistant  Secretaries  pay  and 
mileage  for  travel  to  and  from  the  sessions  of  the  Convention, 
735. 

Providing  for  the  printing,  indexing,  and  distribution,  of  the 

Official  Journal  and  Debates  of  the  Convention,  744. 
passed  by  the  Convention,  List  of,  817. 

passed  by  the  Convention,  with  marginal  notes,  as  published  by 

authority,  826. 
passed  by  the  Convention,  Index  to,  839. 

Orders  (Military) — see  District,  Fourth  Military,  and  Sub-District  of 
Arkansas. 

Ordinances : 

["E"o.  1"]  Raising  revenue  for  the  purpose  of  defraying  ex- 
penses of  Constitutional  Convention,  72. 
To  provide  for  payment  of  expenses  of  Convention,  77. 
Adopting  a  Constitution  [that  of  1864],  88. 

Providing  for  location  of  County-seat  of  Little  River  County,  154. 
Providing  for  additional  homestead  exemption,  185. 
Declaring  a  Public  Printer,  192. 
Respecting  the  sale  of  slaves,  195. 

Regulating  the  compensation  of  members  and  officers  of  the 

Constitutional  Convention,  215. 
To  stay  the  collection  of  debts,  232. 

Prohibiting  judicial  proceedings  in  certain  cases  [stay  of  execu- 
tion], and  for  other  purposes,  266. 

Providing  for  the  per  diem  and  mileage  of  the  members,  and 
the  per  diem  of  the  officers  of  the  Convention,  316. 

Declaring  marriages  of  white  persons  with  negroes  or  mulattoes, 
illegal  and  void,  and  making  it  the  duty  of  the  General  As- 
sembly to  enact  such  laws  as  will  prevent  miscegenation  in  the 
State,  393. 

Respecting  amalgamation  of  the  white  and  African  races,  491. 

Providing  for  inheritance  by  illegitimate  children,  539. 

To  provide  for  an  election  by  the  voters  registered  in  this  State 
under  an  Act  of  Congress  entitled  "An  Act  to  provide  for  the 
more  efficient  government  of  the,  Rebel  States,"  passed  March 
2d,  1867,  and  the  Acts  supplementary  thereto,  611. 

Attaching  Little  River  County  to  the  Sixth  Judicial  Circuit,  and 
declaring  the  County-seat  thereof,  689. 

Providing  for  publication  of  notice  of  time  of  submission  of  the 
Constitution  to  the  people,  for  ratification,  698. 

(  952  ) 


GEXEEAL  IXDEX. 


Ordinances  : 

Concerning  printing  [forbidding  printing  for  the  Convention, 

without  the  limits  of  the  State],  744. 
To  defray  the  expenses  incurred  under  provisions  of  the  Schedule 

to  the  Constitution  adopted  by  the  Convention,  February  11th, 

A.  D.  1868,  752. 
passed  by  the  Convention,  List  of,  817. 

passed  by  the  Convention,  with  marginal  notes,  as  published  by 

authority,  819. 
passed  by  the  Convention,  Index  to,  839. 
Ordinances  and  Memorials.  Committee  on — see  Memorials. 

Resolution  providing  for  the  printing  of,  738. 
Organization  of  the  Convention — see  Coxvextiox,  Orgaxizatiox  of. 
Organization  of  G-overnment  of  Cities  and  Villages.  Committee  on — see 
Cities. 

Ouachita  County  election,  139. 

Remarks  on,  by  : — - 
Mr.  Cypert,  139. 
Mr.  Portis,  140. 
and  Calhoun  Counties,  Boundary  line  of,  245. 
Resolution  instructing  Committee  on  Boundaries  to  report  an 
Ordinance  to  chano-e  the  boundaries  of  Ouachita  and  Calhoun 
Counties,  245. 
Ouachita  River,  Improvement  of  navigation  of,  308. 

Resolution  providing  for  appointment  of  Committee  to  draft  Me- 
morial to  Congress  for,  308. 
Appointment  of  Committee  on  memorializing  Congress  for  appro- 
priation for,  316. 
Owen,  Thomas,  a  delegate  from  TVhite  County. 
Election  announced,  36. 
Appeared,  54. 
Sworn,  54. 
36,  54,  61,  206,  756. 


P. 

Page,  Henry,  Treasurer  of  State,  320. 

Resolution  directing,  to  report  account  of  assets  of  State  under 
his  control,  75. 

Resolution  requesting,  to  telegraph  to  General  commanding 
Fourth  Military  District,  for  an  order  directing  the  Auditor  to 
draAV  his  warrant  for  payment  of  expenses  of  the  Convention. 
735. 

Treasurer  of  State  of  Arkansas,  1868,  797. 

(  953  ) 


GEISTEEAL  IISTDEX. 


Page,  Henry,  Treasurer  of  State — Communications  from: — 

Reporting  assets  of  State  under  his  control,  Jan.  13, 1868,  79. 

In  reply  to  resolution  calling  for  information  regarding  invest- 
ment of  State  funds  in  U.  S.  bonds,  Jan.  13,  1868,  80. 

To  Maj.  0.  D.  Greene,  A.  A.  G.,  Fourth  Military  District,  June 
8,  1867  [investment  of  U.  S.  bonds],  82. 

To  Hon.  Hugh  McCulloch,  Secretary  of  U.  S.  Treasury,  May, 
1867  [investment  of  State  funds  in  U.  S.  bonds],  83. 

To  F.  E.  Spinner,  Treasurer  U.  S.,  June  24,  1867  [investment 
.  ^  of  State  funds  in  U.  S.  bonds],  84. 

To  F.  E.  Spinner,  Treasurer  TJ.  S.,  Sept.  2, 1867  [investment  of 
State  funds  in  U.  S.  bonds],  86.  * 

Jan.  21,  1868  [forwarding  copies  of  telegrams  regarding  pay- 
ments of  expenses  of  Convention],  231. 

To  Headquarters  Fourth  Military  District,  Jan.  20,  1868  [pay- 
ment of  expenses  of  Convention],  231. 

Eeceipt  of,  transmitting  correspondence  relative  to  payment  of 
expenses  of  Convention,  734. 

Feb.  12,  1868  [issue  of  warrants  for  payment  of  expenses  of 
Constitution],  737. 

Headquarters,  Vicksburg,  Miss.,  Feb.  13,  1868  [funds  for  pay- 
ment of  Convention  expenses],  760. 
Communications  to : — 

From  Headquarters  Fourth  Military  District,  May  21,  1867 
[investment  of  State  Funds  in  U.  S.  bonds],  81. 

From  Headquarters  Fourth  Military  District,  June  10,  1867 
[investment  of  S^te  funds  in  U.  S.  bonds],  82. 

From  Brig.  Gen.  E.  0.  C.  Ord,  commanding  Fourth  Military 
District,  June  21,  1867  [investment  of  State  funds  in  U.  S. 
bonds],  83. 

From  H.  McCulloch,  May  25,  1867  [investment  of  State  funds 
in  U.  S.  bonds],  84. 

From  F.  E.  Spinner,  Sep.  14,  1867  [investment  of  State  funds 
in  U.  S.  bonds],  85. 

Jan.  21,  1868,  from  John  Tyler,  A.  A.  G.  [payment  of  ex- 
penses of  Convention],  231. 

From  F.  E.  Spinner,  Treasurer  U.  S.,  Sep.  9, 1867  [investment 
of  State  funds  in  U.  S.  bonds],  85. 

From  F.  E.  Spinner,  Treasurer  U.  S.,  Sep.  23, 1867  [investment 
of  State  funds  in  U.  S.  bonds],  86. 

From  F.  E.  Spinner,  Treasurer  U.  S.,  June  10,  1867  [invest- 
ment of  State  funds  in  U.  S.  bonds],  86. 

Pages  for  the  Convention,  Appointment  of,  52. 

to  assist  in  attending  to  the  mail  matter  of  the  Convention,  539. 
(  954  ) 


GEISTEEAL  INDEX. 


Papers,  Removal  of  from  Secretary's  desk,  306. 

Eesolution  forbidding  removal  of,  from  Secretary's  desk,  without 
order  of  President  of  Conveution,  306. 
Remarks  on,  by  : — 
Mr.  Brooks,  306,  307. 
Mr.  Cypert,  306. 
Mr.  McClure,  307. 

Pay — see  Compensation. 

Payment  of  Deputy  Sheriffs — see  Deputy  Sheriffs. 

Pears,  A.  L.,  Representative  in  G-eneral  Assembly,  1868,  797. 

Penitentiary,  63,  71,  260,  477,  484,  523,  525,  742,  533,  742. 

Resolution  providing  for  appointment  of  Committee  on,  63. 
Appointment  of  Committee  on,  71. 

Resolution  directing  appointment  of  Committee,  to  consist  of  nine 
members,  of  whom  two  shall  be  colored  delegates,  to  investi- 
gate the  affairs  of,  260. 
Remarks  on,  by  : — 

Mr.  Hodges,  of  Pulaski,  261. 

Mr.  Brooks,  265. 
Report  of  Committee  on,  477,  525,  742. 
Remarks  on,  by  : — 

Mr.  Bradley,  481. 

Mr.  Gantt,  481. 

Mr.  McClure,  482. 

Mr.  Hodges,  of  Pulaski,  483. 

Mr.  Cypert,  483.  * 
Minority  Report  of  Committee  on,  523,  533,  743. 
Remarks  on,  by: — 

Mr.  Brooks,  526,  528,  530. 

Mr.  Gantt,  527,  529,  530,  532. 

Mr.  Hicks,  531. 

Mr.  Hodges,  of  Pulaski,  535. 

Mr.  McCown,  535. 
Yeas  and  nays  on,  742. 

Testimony  accompanying  Report  of  Special  Committee  on,  774. 
Personal  Estate,  Exemption  of — see  Exemption. 
Pickett,  W.  H.,  a  delegate  from  Jackson  County. 

Election  announced,  35.    [Did  not  appear  in  the  Convention.] 

35,  60. 

Poole,  Frederick  R.,  a  delegate  for  Mississippi  and  Craighead  Counties. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

(  955  ) 


GEISTEEAL  INDEX. 


Poole,  Frederick  R. — 

34,  45,  53,  61,  75,  196,  275,  674. 
Resolution  offered  by,  75. 

Explanation  of  vote  on  the  Constitution,  674. 
Remarks  on — 

Pay  of  members  and  officers  of  the  Convention,  275. 
Representative  in  Ceneral  Assembly,  1868,  797. 

Poor  of  the  State,  Relief  for — -see  Relief  for  Poor  of  the  State. 

Portis,  James  P.,  a  delegate  from  Ouachita  County.  - 
Election  announced,  35. 

35,  60,  61,  140,  245,  293,  295,  296,  297,  298,  313,  316,  414,  674. 
Resolution  to  add,  to  Committee  on  Boundaries,  245. 
Explanation  of  vote  on  Constitution,  674. 

Remarks  on: —  ^ 
Navigation  of  Arkansas  River,  296,  297. 

Ordinance  raising  revenue  for  the  purpose  of  defraying  ex- 
penses of  Constitutional  Convention,  313. 
Senator  of  Arkansas,  1868,  798. 

Postmaster  for  the  Convention,  55,  538,  699. 
Appointment  of,  55. 

Resolution  declaring  Vacant  the  office  of,  538,  699. 
Remarks  on,  by : — 
Mr.  Montgomery,  700. 
Yeas  and  nays  on,  539,  700. 
Powers  of  the  Convention — see  Convention. 
Practice,  Code  of — see  Code  of'^^ractice. 
Preamble  and  Bill  of  Rights,  Committee  on,  60. 
Report  of,  354. 

President  of  the  Convention,  Nominations  for,  46,  784,  796. 
Election  of,  48. 

Remarks  of,  on  taking  the  Chair,  48. 
Valedictory  remarks  of,  761. 

Thanks,  Vote  of,  to  the  President  (Subject  of),  764. 
Adjournment  of  the  Convention  by,  764. 

Proclamation  of,  announcing  adoption,  by  Convention,  of  Con- 
stitution, and  giving  notice  of  election,  under  provisions  of  Act 
of  Congress,  of  election  for  ratification  thereof,  784. 

Letter  of  transmittal  from,  to  President  of  the  United  States, 
accompanying  copy  of  Constitution,  and  abstract  of  vote  on 
ratification  thereof,  at  electio;i  held  under  provisions  of  the 
Constitution,  796. 

[Communications  addressed  to  the  President  of  the  Convention, 
in  his  official  capacity,  are,  in  their  proper  places,  noted  simply 

(  956  ) 


GBNEEAL  IISTDEX. 


as  Communications."  In  other  cases,  the  name  of  the  per- 
son or  officer  to  whom  addressed,  is  given.] 

President  of  U.  S.,  Veto  Message  of,  on  bill  admitting  State  to  representa- 
tion in  Congress,  812  a. 

Press,  Accommodations  for  the,  52. 

Resolution  providing  for  accommodations  for  the,  52, 

Price,  John  G.,  48,  49,  55,  192,  567,  798,  799,  816,  852, 
Nominated  Secretary  to  the  Convention,  48. 
Elected  Secretary  to  the  Convention,  49. 
Sworn,  55. 

Declared  Public  Printer  of  the  Convention,  and  also  for  the 
State,  192. 

Representative  in  General  Assembly,  1868,  798. 
Chosen  Speaker  of  the  House  of  Representatives  of  Arkansas, 
799. 

Certificate  of,  to  correctness  of  copies  of  Ordinance,  etc.,  of  Con- 
vention, 816. 

Certificate  of,  to  correctness  of  copy  of  the  Constitution,  852, 
Priddy,  John  C,  a  delegate  for  Montgomery  and  Perry  Counties. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 

35,  45,  53,  60,  61,  749. 
Printer  Public,  Appointment  of,  191,  701,  738. 
Ordinance  declaring,  192, 
Remarks  on,  by  : — 
Mr.  McClure,  192. 
Mr.  Brooks,  193. 
Mr.  Beasley,  193, 
Yeas  and  nays  on,  193. 
Printing,  Committee  on,  61,  537,  738, 
Of  the  Convention,  129,  140. 

Resolution  instructing  Committee  on,  to  contract  for,  with  the 
lowest  bidder,  and  to  report  their  action  to  the  Convention,  for 
its  approval,  140. 

Resolution  directing  that  five  hundred  copies  of  all  memorials 
and  ordinances  be  printed  for  the  use  of  members  of  the  Con- 
vention, 738. 

Order  providing  for  the  printing,  indexing,  and  distribution,  of 
the  Official  Journal  and  Debates  of  the  Convention,  744. 

Ordinance  concerning  printing  [forbidding  printing  for  the  Con- 
vention without  the  limits  of  the  State],  744. 
Remarks  on,  by  : — 
Mr.  Gantt,  745,  746. 

(  957  ) 


GENEEAL  ITOEX. 


Printing,  Committee  on — Remarks  on,  by : — 
Mr.  McClure,  745. 
Mr.  Brooks,  745,  746. 
Yeas  and  nays  on,  746. 
Privilege,  Questions  of,  567,  749. 

Remarks  on,  by  : — 
Mr.  Brooks,  567,  568. 
Mr.  Bradley,  567. 
Mr,  Cypert,  567. 

Proceedings  of  General  Assembly  of  State  of  Arkansas,  upon  ratification 
of  Fourteentb  Article  of  Amendment  to  Constitution  of  tbe 
United  States,  800. 

Proclamation  of  President  of  Convention,  announcing  adoption  of  Con- 
stitution by  the  Convention,  and  giving  notice  of  election, 
under  provisions  of  Act  of  Congress,  for  ratification  of  Con- 
stitution, 784. 

Proclamation  of  Commissioners  of  Election,  announcing  ratification  of 

Constitution  at  election,  under  provision  of  Schedule,  794. 
Protest  against  the  Constitution — see  Constitution,  Protest  Against  the. 
Public  Conveyances — see  Conveyances,  Public. 

Publication : — 

Of  Memorials  and  Ordinances,  738. 

Of  Debates  and  Proceedings  of  Convention,  744. 

See,  also,  Printing. 
Puntney,  R.  Gr.,  a  delegate  from  Desha  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

34,  45,  53,  61,  240,  523,  524,  674,  728. 
Remarks  on : — 
Disfranchisement,  240. 
Purchase-money  for  Slaves- — see  Slaves. 

Q. 

Qualification  of  members  and  officers — see  Oath  of  Office,  Administra- 
tion OF. 

R. 

Races,  Intermarriage  of  the— see  Intermarriage  of  the  Races. 
Railroad,  Little  Rock  and  Fort  Smith— see  Little  Rock  and  Fort  Smith 
Railroad. 

Ratclifle,  Ham.  W.,  a  delegate  from  Randolph  County. 
Election  announced,  35. 
(  958  ) 


GEXEEAL  IXDEX. 


Ratcliffe,  Ham.  V^^.,  a  delegate  from  Eanclolpli  County. 
Appeared,  740. 
Sworn,  740. 
35,  61,  740. 

Rawlings,  Xatlian  X.,  a  delegate  from  Ouachita  County. 
Election  announced,  35. 
35,  61,  70,  234,  675. 

Explanation  of  vote  on  the  Constitution,  675. 
Eepresentative  in  General  Assembly,  1868,  798. 

Eatiiication,  Committee  on.  198. 

Eesolution  providing  for  appointment  of,  198. 
Appointed,  199. 

Eesolution  instructing,  to  report  insUrnfer,  their  action  and  duties, 

and  the  purpose  of  the  creation  of  the  Committee,  452. 
Yeas  and  Xays  on,  453. 

Eatification,  Xotice  of  election  for  (Subject  of),  698. 

Ordinanca  providing  for  publication  of  notice  of  time  of  submis- 
sion of  the  Constitution  to  the  people,  for  ratification,  698. 

of  the  Constitution,  Question  of  delay  of  election  for,  738. 
Yeas  and  Xays  on,  699. 

of  the  Constitution,  Xotice  of  election  for,  under  provisions  of 
Act  of  Congress,  784. 

of  Constitution,  Xotice  of  election  for,  under  provisions  of  Sche- 
dule to  the  Constitution,  784. 

Xotice  of  Commissioners  of  Election,  announcing,  of  Constitu- 
tion, 794. 

of  Fourteenth  Article  of  Amendment  to  Constitution  of  United 
States,  Proceedings  of  General  Assembly  upon,  800. 

of  Constitution,  Eeport  of  District  Commander  upon,  804. 

of  Constitution  at  election,  under  Act  of  Congress,  Consolidated 
returns  of  election  for,  807. 
Eeal  Estate,  Exemption  of — see  Exemptiox. 
Eay,  L  C,  Senator  of  Arkansas,  1868,  798. 
Eecesses,  271,  730. 

Motions  for,  271,  615,  640,  641,  653,  730. 
Eeconstruction  Acts  of  Congress: — 

Of  March  2d,  1867  (  Origimal  Act),  17. 

Of  March  23d,  1867  (Supplementary),  20.  ' 

Of  July  19th,  1867  (Supplementary),  24. 

Of  February  28th,  1868  (Amendatory),  793. 
Eector,  Henry,  a  delegate  from  Pulaski  County. 

Election  announced,  35. 

Appeared,  45. 

(  959  ) 


GENERAL  INDEX. 


Kector,  Henry,  a  delegate  from  Pulaski  County. 
Sworn,  53. 

35,  45,  53,  56,  61,  474,  507,  676. 
Explanation  of  vote  on  the  Constitution,  676. 
Rector,  James  Elias,  appointed  Page  for  the  Convention,  52. 
Sworn,  55. 

Eed  River,  Improvement  of  navigation  of,  308. 

Resolution  instructing  Committee  on  Memorial  to  report  Memo- 
rial to  Congress,  asking  appropriation  for,  308. 

Reduction  in  number  of  officers  in  Convention — see  Officers. 

Reduction  in  number  of  newspapers  furnished  to  the  Convention — see 
Newspapers. 

Reed,  M.,  Representative  in  General  Assembly,  1868,  798. 
Registration,  Preliminary,  in  Arkansas,  Abstract  of  Returns  of,  769. 

See,  also,  the  Reconstruction  Acts,  and  General  Orders. 
Relief  for  poor  of  the  State,  55,  250,  286. 

Resolution  providing  for  appointment  of  Select  Committee  to 
prepare  and  present  a  Memorial  to  Congress  for,  55. 
Remarks  on,  by: — 
Mr.  Brooks,  55. 
Mr.  Cypert,  55. 
Appointment  of  committee  on,  55. 
Report  of  committee  on,  250,  286. 
Remarks  on,  by: — 
Mr.  Brooks,  250,  290. 
Mr.  Cypert,  251,  286,  288. 
Mr.  Bowen,  287,  289. 
Mr.  Wilson,  288. 
Mr.  Duvall,  289. 
Mr.  "Walker,  290. 
Mr.  Hodges,  of  Pulaski,  292. 
Mr.  Grey,  of  Phillips,  292. 
Addition  to  Committee  on,  362. 

Religious  services,  by  Chaplain,  185. 

Resolution  requesting^  and  providing  for,  public  announcement 
of,  185. 

Removal  from  office — see  Impeachment. 
Removal  of  papers—see  Papers. 

Reporter,  Stenographic — see  slip  inserted  next  to  cover.    Also,  43,  98, 

Order  allowing  to,  mileage  and  compensation  for  time  consumed 
in  travel,  724. 

Representatives  in  General  Assembly,  chosen  at  first  election  held  under 
Constitution  of  1868,  797. 

(  960  ) 


GEXERAL  I^^DEX. 


Eepresentatives,  House  of.  Speaker  of,  1868,  799. 

Representatives,  House  of,  Proceedings  of.  upon  ratification  of  Fourteenth 

Article  of  Amendment  to  Constitution  of  United  States,  800. 
Eepresentatives  in  Congress,  elected  March  13th,  1S6S,  798. 
Residence  of  Members  of  the  Convention,  3. 
Resolutions : 

Directing  the  Secretary  of  the  Convention  to  provide  accommo- 
dations on  the  floor  of  the  Convention,  for  the  Press,  52. 

Providing  for  appointment  of  Committee  on  standing  rules  of 
order  for  government  of  the  Convention,  55. 

Providing  for  appointment  of  Strlect  Committee  to  prepare  and 
present  a  memorial  to  Congress,  for  relief  of  the  sulfering  poor 
of  the  State.  55. 

To  memorialize  the  commander  of  the  Military  District  for  sus- 
pension of  State  tax,  56. 

Providing  for  the  procurement  of  newspapers  for  members  and 
officers  of  the  Convention,  56. 

Providing  for  Select  Committee  to  prepare  memorial  to  Con- 
gress for  removal  of  political  disabilities,  in  case  of  citizens 
assisting  in  reconstruction,  57,  166. 

Instructing  Committee  on  Finance  to  estimate  expenses  of  Con- 
vention, and  to  report  Ordinance  for  levy  and  collection  of  ne- 
cessary tax  therefor.  58. 

Recommending  removal  of  the  tax  on  rav  cotton,  58. 
"To  memorialize  the  Commander  of  the  Department  to  suspend 
collection  of  debt  till  January  1st.  1869,  58. 

Abolishing  the  offices  of  Second  and  Third  Assistant  Secretaries. 
Second  and  Third  Assistant  Doorkeepers,  Second  Assistant 
Sergeant-at-Arms,  and  Postmaster,  and  for  reduction  of  num- 
ber of  newspapers  famished  to  members  and  officers,  59. 

Directing  that  the  services  of  officers  embraced  in  resolution  ot- 
tered by  Mr.  Cypert  (p.  59),  be  dispensed  with  until  final  dis- 
position of  the  Resolution,  62. 

Providing  for  appointment  of  Committee  on  the  Penitentiary,  63. 

Providing  for  printing  of  on^e  hundred  copies  of  Rales  of  Order, 
and  order  of  business  of  the  Convention,  67. 

Providing  for  printing  of  one  hundred  and  fifty  copies  of  Rules 
of  Order,  list  of  Standing  Committees,  names  of  members  of 
Convention,  Reconstruction  Acts,  and  General  Order  Xo.  37, 67. 

Prescribing  limitation  of  debate,  73. 

Inviting  Governor  Murphy  and  Gen.  Smith  to  seats  within  bar 

of  Convention,  74. 
Directing  appointment  of  additional  members  upon  Committee 

on  Apportionment,  74. 

61  (  961  ) 


GENEEAL  INDEX. 


Resolutions : 

Directing  Custodian  of  Treasury  to  report,  to  Convention,  infor- 
mation respecting  investment  of  State  funds  in  U.  S.  bonds, 
75, 

Referring  to  appropriate  committees,  question  of  expediency  of 
electing  by  the  Legislature,  certain  State  officers,  78. 

Providing  for  appointment  of  Committee  to  draft  Memorial  to 
Congress  for  National  aid  in  rebuilding  levees  along  the  over- 
flowed districts  of  the  State,»78. 

Instructing  Committee  on  Memorials  and  Ordinances  to  inquire 
into  propriety  of  providing  for  payment  of  expenses  of  Con- 
vention out  of  funds  in  State  Treasury,  January  13th,  1868,  and 
of  memorializing  District  Commanders  for  approval,  79. 

Inviting  Dr.  T.  M.  Jacks  to  address  the  Convention  on  matters 
of  general  interest  to  the  people  of  the  State  and  not  of  a  polit- 
ical character,  128. 

Instructing  Committee  on  Printing  to  contract,  for  printing  that 
may  be  ordered,  with  the  lowest  bidder,  and  to  report  to  the 
Convention,  for  their  approval,  its  action,  140. 

Instructing  Committee  on  Finance  to  report  back  to  tlie  Conven- 
tion, the  Resolution  concerning  reduction  of  number  of  officers 
of  the  Convention,  159. 

Providing  for  appointment  of  Commissioners  to  investigate  affairs 
of  Little  Rock  and  Fort  Smith  Railroad,  159. 
Amendment  to,  161. 

Instructing  Committee  on  Elections  to  report  at  once  in  case  of 
members  from  Ashley  County,  166. 

Providing  and  making  appropriations  for  tlie  per  diem  and  mile- 
age of  members  to  the  Convention,  and  other  expenses,  175. 

Defining  the  powers  and  duties  of  the  Convention,  180. 

Requesting  the  Chaplain  of  the  Convention  to  conduct  religious 
services  on  each  Sabbath  during  session  of  Convention,  and 
providing  for  publication  of  announcement  of  the  same,  185. 

Appointing  Commissioners  to  locate  the  County-seat  of  Little 
River  County,  197. 

Providing  for  appointment  of  Committee  on  Correspondence,  197. 

Providing  for  appointment  of  Committee  upon  Ratification,  198. 

Providing  for  appointment  of  Special  Committee  for  examination 
of  records  of  the  Convention,  232. 

For  the  suspension  of  the  collection  of  debts,  233. 

Instructing  Committee  on  Franchise  to  inquire  into  the  expe- 
diency of  disfraucMsing  certain  classes  of  persons,  234. 

Instructing  Committee  on  Elective  Franchise  to  inquire  into  ex- 
pediency of  disfranchising  no  citizen  for  participation  in  any 
past  rebellion,  235,  243. 

(  962  ) 


GENEEAL  INDEX. 


Resolutions: 

Instnictino;  Committee  on  Elective  Franchise  to  disfranchise  all 
men  engaged  in  rebellion  up  to  July  4,  1861,  243/ 

Instructing  Committee  on  Elective  Franchise  to  inquire  into  ex- 
pediency of  disfranchising  all  men  engaged  in  rebellion  up  to 
April  4,  1864. 

Providing  for  cessation  of  pay  to  members  of  Convention  in  case 
of  absence,  245. 

Instructing  Committee  on  Elective  Franchise  to  inquire  into  ex- 
pediency of  disfranchising  all  men  that  opposed  reconstruc- 
tion, 245. 

Recommending  to  the  Legislature  the  passage  of  an  act  making 
the  refusal  by  public  carriers,  and  owners  of  public  conveyances, 
in  the  State  of  Arkansas,  to  carry  or  transfer  citizens  over  the 
public  highways  of  travel,  a  penal  offence,  251. 

Instructino^  Committee  on  Relief  for  the  Poor  of  the  State  to  con- 
sider  a  plan  by  which  Government  aid  may  assist  in  a  perma.- 
nent  location  of  freednien  of  the  State,  251. 

For  appointment  of  Committee,  to  consist  of  nine  members,  of 
whom  two  shall  be  colored  delegates,  to  investigate  tlie  affairs 
of  the  State  Penitentiary,  260. 

Instructing  Committee  on  Franchise  to  inquire  into  propriety  of 
disfranchising  all  persons  having  taken  the  Iron-clad"  oath, 
for  the  purpose  of  accepting  office,  and  having  opposed,  or 
who  may  hereafter  oppose,  reconstruction,  265. 

Requesting  Committee  on  Elective  Franchise  to  take  into  con- 
sideration the  propriety  of  disfranchising  no  citizen  who  aided 
in  reconstruction,  266. 

Prescribing  the  compensation  of  members  and  officers  of  the 
Convention,  279. 

Providing  for  appointment  of  Committee  to  draft  Memorial  to 
C  ongress,  setting  forth  the  necessity  for,  and  asking  the  public 
sale  of,  the  Arkansas  Hot  Springs,  306. 

Forbidding  removal  of  records,  resolutions,  or  other  papers,  from 
Secretary's  desk,  without  order  of  President  of  Convention, 
306. 

Providing  for  appointment  of  Committee  to  draft  Memorial  to 
Congress  for  improvement  of  Ouachita  River,  308. 

Instructing  Committee  on  Memorials  to  report  Memorial  to  Con- 
gress, asking  appropriation  to  improve  navigation  of  Red 
River,  308. 

Providing  for  appointment  of  Special  Committee  to  memorialize 
Congress  to  continue  Freedmeu's  Bureau  until  reconstruction 
of  State,  and  to  report  the  same  by  Jan.  27th,  1868,  308. 

Authorizing  Secretary  of  Convention  to  issue  to  the  delegates 

(  963  ) 


GEI^EEAL  INDEX. 


Resolutions  : 

from  Ashley  Comity  the  certificates  necessary  to  enable  them 
to  draw  pay  from  the  clay  of  organization  of  Convention,  309. 

Appointing  Hon.  Asa  Hodges  a  messenger  of  the  Convention, 
with  instructions  to  proceed  to  Headquarters  of  Fourth  Mili- 
tary District,  to  lay  before  the  General  commanding,  account 
of  expenses  incurred  by  Convention,  and  instructing  President 
and  Secretary  of  Convention  to  furnish  to  him  certified  copies 
of  all  Ordinances,  etc.,  necessary,  with  direction  to  messenger 
to  receive,  if  possible,  approval  of  said  accounts,  and  an  order 
for  their  payment  by  State  Treasurer,  etc.,  319. 

Instructing  Committee  on  Finance  to  ascertain  and  report  the 
amount  of  indebtedness  of  State,  and  condition  of  finances 
thereof,  320. 

Offering  use  of  Hall  of  Convention,  for  meeting  of,  and  appoint- 
ing Committee  to  inform  thereof,  Chairman  of,  Democratic 
State  Central  Committee,  361. 

Instructing  Committee  on  Arrangement  and  Phraseology  of  the 
Constitution  to  insert  in  the  Constitution  a  clause,  forbidding 
solemnization  of  matrimony  between  whites  and  Africans,  363. 

Providing  that  in  any  action  of  Convention,  regulating  relations 
of  debtor  and  creditor,  exception  should  be  made  regarding 
debt  owing  to  School-Fund  of  any  County  of  the  State,  391. 

Providing  that  the  Convention,  at  its  final  adjournment,  shall  re- 
main subject  to  the  call  of  the  President,  whose  duty  it  shall 
be  to  convoke  it  in  case  the  Constitution  should  not  be  ratified, 
and  to  call  upon  the  proper  officer  of  the  State  to  cause  elec- 
tions to  be  held  to  fill  any  vacancies  therein,  396,  424. 

Petitioning  Congress  to  continue  Freedmen's  Bureau  until  ac- 
complishment of  reconstruction,  428. 

Requesting  Congress  to  instruct  Chief  of  Freedmen's  Bureau  to 
officer  it  with  more  honest  and  efficient  men,  433. 

Instructing  Committee  on  the  Constitution,  its  Arrangement  and 
Phraseology,  to  report  an  article  thereto,  disfranchising  all  per- 
sons who  oppose  reconstruction,  and  providing  that  the  act  of 
voting  against  the  adoption  of  the  Constitution  shall  be  con- 
clusive evidence  of  such  opposition,  452. 

Disfranchising  John  M.  Bradley  and  nobody  else,  452. 

Instructing  Committee  on  Ratification  to  report,  insianter,  their 
action  and  duties,  and  the  purpose  of  creation  of  the  Commit- 
tee, 452. 

Providing  for  adjournment  of  Convention  from  Feb.  3d,  1868,  to 

Feb.  5th,  1868,  475. 
Inviting  the  ladies  to  attend  the  sessions  of  the  Convention,  488. 
Requiring  that  each  member  of  the  Convention  shall  certify  on 
(  964  ) 


GENEEAL  INDEX. 


liesolutious : 

honor  the  actual  number  of  miles  travelled  hj  the  most  practi 
cable  route  famishing  public  transportation,  in  coming  to  Con« 
vention,  489. 

Directing  Standing  Committees,  not  having  heretofore  reported 
to  Convention,  to  hand  in  their  reports  to  the  Committee  on 
the  Constitution,  its  Arrangement  and  Phraseology,  at  earliest 
possible  moment,  489. 

Declaring  opposition  of  Convention  to  amalgamation,  and  recom- 
mending General  Assembly  to  enact  such  laws  as  may  effec- 
tually govern  the  same,  489. 

That  the  Convention  insert,  in  the  Constitution,  a  clause  forever 
prohibiting  intermarriage  between  whites  and  negroes,  and 
that  they  vote  instanter,  by  yeas  and  nays,  491. 

Instructing  Committee  on  the  Constitution  to  report,  as  a  part  of 
the  Constitution,  an  Ordinance  making  void  any  marriage  be- 
tween a  white  person  and  one  of  negro  or  mixed  blood,  and 
making  it  the  duty  of  the  Legislature  to  enact  such  laws  as 
will  prevent  miscegenation,  500. 

Directing  all  Standing  Committees,  except  that  on  Elective  Fran- 
chise, to  report,  at  the  earliest  practicable  moment,  to  the  Com- 
mittee on  the  Constitution,  511. 

Providing  for  the  creation  of  "  Magazine  County,"  and  instruct- 
ing the  first  Legislature  to  enact  laws  for  carrying  into  effect 
the  object  of  the  Eesolution,  537. 

Declaring  vacant  the  office  of  Postmaster  of  the  Convention,  538. 

Allowing  to  Asa  Hodges,  mileage  for  his  travelling  expenses  as 
messenger  of  the  Convention  to  Yicksburg,  690. 

Allowing  to  W.  W.  Adams  his  full  per  diem  as  a  member  of  the 
Convention,  691. 

Recommending  to  the  next  Gen.eral  Assembly  the  adoption  of 
measures  to  relieve  Judo-es  Harrell  and  Haro^rove  of  disabilities 
imposed  by  charges  preferred  against  them,  693. 

Allowing  to  Mr.  Harbison,  contestant  in  the  Ashley  County  case, 
mileage  and  per  diem,  695. 

Respecting  statistics  of  the  Convention,  699. 

Appointing  six  Vice-Presidents  of  the  Convention,  and  prescrib- 
ing their  powers  and  duties,  TOO. 

Prescribing  the  manner  of  appointment  of  Boards  to  Digest  and 
Arrange  the  Laws,  and  to  Arrange  a  Code  of  Practice,  as  in 
the  Constitution  provided,  701. 

Providing  for  the  adjournment,  sine  die,  of  the  Convention,  724- 

Directing  the  Sergeant-at-Arms  to  bring  in  all  absent  members  of 
the  Convention,  and  revoking  leaves  of  absence,  731. 

Requesting  the  State  Treasurer  to  telegraph  to  the  General  Com- 

(  965  ) 


GE^TEEAL  INDEX. 


Resolutions  : 

maiiding  the  Fourth  Military  District,  for  an  order  directing 
the  Auditor  to  draw  his  warrant  for  the  payment  of  all  ex- 
penses of  the  Convention,  735. 

Kevoking  all  leaves  of  absence  to  members* of  the  Convention, 
who  may  not  have  left  the  city,  and  ordering  the  Sergeant- 
at-Arms  to  bring  such  members  before  the  Convention,  735. 

Providing  for  the  case  of  resigiiation,  death,  or  disqualification,  of 
either  of  the  Commissioners  appointed  to  codify  and  arrange 
the  laws,  737. 

Directing  that  five  hundred  copies  of  all  Memorials  and  Ordin- 
ances be  printed  for  the  use  of  members  of  the  Convention, 
738. 

Allowing  to  Assistant  Secretary  St.  John,  ten  dollars  per  day, 
instead  of  eight,  747. 

Directing  the  President  of  the  Convention  to  appoint  a  Commit- 
tee to  compare  the  engrossed  copies  of  the  Constitution  with 
the  Keport  of  the  Committee  on  the  Constitution,  its  Arrange- 
ment and  Phraseology,  749. 

Directing  the  Chairman  of  the  Committee  on  Memorials  to  in- 
clude, in  the  Memorial  to  Congress,  for  the  relief  of  persons 
disfranchised,  the  names  of  such  persons  as  may  be  recom- 
mended by  the  Republican  members  of  the  Convention,  as 
having  materially  aided  reconstruction,  753. 

Directing  that  five  hundred  copies  of  the  Report  of  the  Commit- 
tee on  Memorials  for  the  Relief  of  Disabilities,  be  printed  for 
the  use  of  this  Convention,  760. 

Public,  adopted  by  the  Convention,  List  of,  817. 

Public,  adopted  by  the  Convention  as  published  by  authority,  826. 

Public,  adopted  by  the  Convention,  Index  to,  839. 
Returns  (Approximate)  of  preliminary  registration  in  Arkansas,  769. 

(Approximate)  of  election  on  question  of  holding  Convention, 
770. 

of  election,  under  provisions  of  Schedule  to  the  Constitution,  for 
ratification  of  the  Constitution,  795. 

Consolidated,  of  election,  under  Act  of  Congress,  for  ratification 
of  Constitution,  807. 
Revision  of  Constitution — see  Constitution. 
Revocation  of  leaves  of  absence — see  Absence. 
Reynolds,  W.  W.,  a  delegate  from  Benton  County. 

Election  announced,  34. 

Appeared,  68. 

Sworn,  69. 

34,  61,  68,  69,  136,  188,  189,  194,  197,  235,  279,  315,  367,  418, 
(  966  ) 


GENERAL  INDEX. 


419,  420,  421,  433,  538,  569,  571,  574,  575,  578,  613,  665,  666, 
676,  730,  733,  741,  742,  752,  756,  764. 
Eejiiolds,  AV.  W. — Explanation  of  vote  on  the  Constitution,  665. 
Remarks  on  : — 

Expenses  of  the  Convention,  194. 
Izard  County  election,  569. 
Eice,  Benjamin  F.,  appointed  one  of  the  Commissioners  to  prepare  a  Code 
of  Practice,  737. 
Elected  Senator  of  the  United  States,  799. 
Rights,  Bill  of,  Committee  on — see  Preamble  and  Bill  of  Rights. 
Robinson,  E.  A.,  nominated  First  Assistant  Doorkeeper  of  the  Conven- 
tion, 51. 

Elected  First  Assistant  Doorkeeper  of  the  Convention,  51. 
Sworn,  55. 

Roots,  Logan  H.,  elected  Representative  in  Congress,  798. 
Rounsaville,  Franklin  Monroe,  a  delegate  from  Yell  County. 

Election  announced,  36. 

Appeared,  54. 

Sworn,  54. 

36,  54,  60,  61,  408,  409,  676. 
Explanation  of  vote  on  the  Constitution,  676. 
Rules  of  Order,  52,  55,  57,  64,  357,  452,  453,  536. 

Resolution  for  Appointment  of  Committee  on,  55. 
Committee  on,  appointed,  55. 
Addition  to  Committee  on,  57. 
Report  of  Committee  on,  64. 
^        Report  on,  adopted,  67. 

Resolution  providing  for  printing  of  one  hundred  copies  of  Rules 

of  Order,  and  Order  of  Business,  of  the  Convention,  67. 
Resolution  providing  for  printing  of  one  hundred  and  fifty  copies 
of  Rules  of  Order,  together  with  list  of  Standing  Committees, 
etc.,  67. 
Yeas  and  Xays,  537. 
Rush,  A.  L.,  Representative  in  General  Assembly,  1868,  798. 
Rushing,  Enoch  D.,  Senator  of  Arkansas,  1868,  797. 

S. 

St.  John,  Henry,  nominated  First  Assistant  Secretary  to  the  Conven- 
tion, 49. 

Elected  First  Assistant  Secretary  to  the  Convention,  50. 
Sworn,  55. 

Order  allowing  pay  and  mileage,  for  travel  to  and  from  session  of 
Convention,  735. 

(  967  ) 


GENEEAL  INDEX. 


St.  John,  Henry. — Eesolution  allowing  additional  compensation,  749. 

Eepresentative  in  General  Assembly,  1868,  798. 
Salaries,  Committee  on,  60. 
Sams,  F.  M.,  a  delegate  from  Madison  County. 

Election  announced,  35. 

Appeared,  54. 

Sworn,  54. 

35,  54,  60,  61,  135,  136,  212,  213,  316,  522,  523,  580,  677. 
Explanation  of  vote  on  Constitution,  677. 
Samuels,  Eichard,  a  delegate  from  Hempstead  County. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 

35,  45,  53,  60,  61,  580. 

Eepresentative  in  General  Assembly,  1868,  798. 
Sarber,  John  N".,  a  delegate  from  Johnson  County. 
Election  announced,  771. 
Appeared,  45. 
Sworn,  53. 

44,  45,  53,  60,  61,  66,  71,  74,  158,  161,  165,  166,  223,  249,  250, 
252,  253,  310,  323,  324,  332,  333,  347,  348,  351,  352,  361,  378, 
393,  420,  422,  449,  451,  453,  471,  473,  474,  483,  485,  504,  510, 
538,  569,  570,  571,  572,  574,  580,  613,  654,  655,  677,  685,  696, 
697,  702,  710,  737,  771. 
Eesolution  oflered  by,  74. 
Explanation  of  vote  on  the  Constitution,  677. 
Eemarks  on : — 

Ashley  County  election,  166,  323,  324,  332,  333,  347,  35l. 
Continuance  of  Freedmen's  Bureau,  471. 
Intermarriage  of  the  races,  510. 
Izard  County  election,  574,  580. 

Appointed  one  of  the  Commissioners  to  prepare  a  Code  of 
Practice,  737. 
Senator  of  Arkansas,  1868,  797. 

Chosen  President  of  the  Senate  of  Arkansas,  799,  803. 
Schserf,  Charles,  nominated  Sergeant-at-Arms  of  the  Convention,  51. 

Elected  Sergeant-at-Arms  of  the  Convention,  51. 

Sworn,  55. 
Schedule,  Committee  on,  61. 

Expenses  under,  751. 

Ordinance  to  defray  the  expenses  incurred  under  provisions  of 
the  Schedule  to  the  Constitution,  adopted  by  the  Convention, 
February  11th,  A.D.  1868,  751. 
Correspondence  respecting  expenses  incurred  under,  789. 
(  9G8  ) 


GENEEAL  INDEX. 


School-Fund,  Debts  due  to,  391. 

Resolution  providing  that  in  any  action  of  Convention,  regulat- 
ing relations  of  debtor  and  creditor,  exception  should  be  made 
regarding,  391. 
Scott,  George  S.,  a  delegate  from  Little  River  County. 
Election  announced,  35. 
Appeared,  54. 
Sworn,  54. 

Appointed  one  of  the  Vice-Presidents  of  the  Convention,  700. 
35,  54,  61,  71,  99, 154,  167,  196, 197,  265,  308,  316, 427,  537, 678, 
700. 

f  Resolutions  offered  by,  197,  265,  308,  537. 

Explanation  of  vote  on  Constitution,  678. 
Senator  of  Arkansas,  1868,  798. 

Secretary  to  the  Convention,  nominations  for,  48. 
Election  of,  49.  • 
Remarks  on : — 
529,  531. 

Secretaries,  Assistant,  735,  747. 

Order  allowing  to,  pay  and  mileage  for  travel  to  and  from  the 
sessions  of  the  Convention,  735. 
Remarks  on,  by : — 
Mr.  Kyle,  735. 
Mr.  Cypert,  735. 
Order  providing  for  the  printing,  indexing,  and  distribution,  of 
the  Official  Journal  and  Debates  of  the  Convention,  744. 
Remarks  on,  by : — 
Mr.  Gantt,  748. 
Mr.  Smith,  748. 

Secretary,  First  Assistant,  to  the  Convention,  l!^"ominations  for,  49. 
Election  of,  50. 

Secretary,  Second  Assistant,  to  the  Convention,  Election  of,  50. 
Secretary,  Third  Assistant,  to  the  Convention,  Election  of,  50. 
Secretary  pro-tempore,  to  the  Convention,  Selection  of,  44. 
Secretary  Assistant,  pro-tempore.  Selection  of,  44. 
Senate  of  Arkansas,  President  of,  1868,  799. 

Senate  of  Arkansas,  Proceedings  of,  upon  ratification  of  Fourteenth  Ar- 
ticle of  Amendment  to  Constitution  of  United  States,  802. 
Senators,  chosen  at  first  election  held  under  Constitution  of  1868,  797. 
Senators  of  United  States,  chosen  by  Legislature  of  1868,  799. 
Sergeant-at-Arms  of  the  Convention,  Election  of,  51. 
Sergeant-at-Arms,  First  Assistant,  of  the  Convention,  Election  of,  51. 

(  969  ) 


GENEKAL  ^DEX. 


Sergeant-at-Arms,  Second  Assistant,  of  the  Convention,  Election  of,  51, 
Sevier,  Henry  D.,  nominated  Doorkeeper  of  the  Convention,  51. 

Elected  Doorkeeper  of  the  Convention,  51. 

Sworn,  55. 

Sharp,  Ephraim,  Representative  in  General  Assembly,  1868,  797. 

Sheriffs,  Deputy — see  Deputy  Sheriffs. 

Shoppach,  James  H.,  a  delegate  from  Saline  County. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 

35,  45,  53,  61,  678,  756.  • 
Explanation  of  vote  on  the  Constitution,  678. 

Sims,  Clifford  Stanley,  a  delegate  from  Desha  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

34,  45,  53,  55,  58,  60,  61,  71,  168,  175,  184,  196,  199,  474,  489, 
678,  689,  749,  753,  776. 
Resolutions  offered  by,  58,  489,  749. 
Explanation  of  vote  on  the  Constitution,  678. 
Remarks  on  : — 

Impeachment  of  Judges  Harrell  and  Hargrove,  693. 
Appointed  one  of  the  Commissioners  to  revise  and  rearrange  the 

Statute  Laws  of  the  State,  736. 
Representative  in  General  Assembly,  1868,  798,  801. 

Singleton,  A.  J.,  Representative  in  General  Assembly,  1868,  798. 

Slaves,  Purchase-money  for,  195. 

Ordinance  respecting  the  sale  of,  195. 

Smith,  Daniel  J.,  Representative  in  General  Assembly,  1868,  798. 

Smith,  Bvt.  Brig.  Gen.  C.  H.,  commanding  Sub-District  of  Arkansas — for 
General  and  Special  Orders  of,  see  Sub-District  of  Arkansas. 
Resolution  inviting  to  seat  within  bar  of  Convention,  74. 
Acceptance  of  invitation  to  seat  within  bar  of  Convention,  75. 
Communications  from : — 

Receipt  of,  respecting  payment  of  Deputy  Sheriff's,  512. 
Feb.  13, 1868,  endorsed  upon  communication  from  John  Tyler, 
A.  A.  G.  [date  of  election  for  ratification  of  Constitution], 
739. 

Communications  to : — 

From  the  President  of  the  Convention,  Feb.  11,  1868  [notifi- 
cation of  adoption,  by  the  Convention,  of  the  Constitution, 
and  date  of  election  fixed,  for  ratification  thereof],  739. 

(  970  ) 


GE^^ERAL  mDEX. 


Smith,  Bvt.  Brig.  Gen.  C.  H. — Communications  to : — 

From  John  Tyler,  A.  A.  G.,  Feb.  12,  1868  [date  of  election  for 

ratification  of  Constitution],  739. 
From  the  President  of  the  Convention,  Feb.  13, 1868  [declining 

to  change  time  for  holding  election],  740. 

Smith,  G.  W.,  Resolution  appointing  Commissioner,  to  investigate  affairs 
of  Little  Eock  and  Fort  Smith  Railroad,  162. 

Smith,  Thomas,  a  delegate  from  Phillips.  County. 
Election  announced,  35. 
Appeared,  45. 
Sworn,  53. 

35,  45,  49,  53,  61,  74,  76,  128,  129,  195,  196,  199,  202,  220,  245, 
251,  279,  281,  285,  351,  415,  471,  474,  488,  679,  747,  748,  763. 

Resolutions  offered  by,  74,  128,  279,  488. 

Explanation  of  vote  on  Constitution,  679. 
Remarks  on : — 

Izard  County  election,  580. 

Additional  compensation  of  Assistant  Secretaries,  748. 
Superintendent  of  Public  Instruction,  1868,  797. 

Snyder,  0.  P.,  a  delegate  from  Jefferson  County. 
Election  announced,  771. 
Appeared,  45. 
Sworn,  53. 

Appointed  one  of  the  Yice-Presidents  of  the  Convention,  700. 
44,  45,  53,  56,  60,  61,  62,  69,  76,  99,  103,  160, 162,  174,  234,  242, 

268,  303,  307,  394,  425,  581,  679,  680,  693,  700,  760,  771. 
Resolutions  offered  by,  76,  693. 
Explanation  of  vote  on  the  Constitution,  679. 
Remarks  on : — 

Reduction  in  number  of  officers,  and  of  newspapers  fur- 
nished, 62. 
Disfranchisement,  242. 
Izard  County  election,  581. 

Impeachment  of  Judges  Harrell  and  Hargrove,  693. 
Appointed  one  of  the  Commissioners  to  revise  and  rearrange  the 

Statute  Laws  of  the  State,  736. 
Senator  of  Arkansas,  1868,  798,  802. 

Speaker  of  House  of  Representatives,  1868,  799. 

Special  Committees — see  Committees,  Special. 

Special  Orders — see  District,  Fourth  Military,  and  Sub-District  of 
Arkansas. 

Speeches  of  Members,  furnished,  501,  Note, 

(  971  ) 


GENEEAL  IISTDEX. 


Spinner,  Hon.  ¥.  E.,  Treasurer  U.  S. 
Communications  from : — 

To  Henry  Page,  Treasurer  of  State;  Sep.  14, 1867  [investment 
of  State  funds  in  U.  S.  bonds],  85. 

To  Henry  Page,  Treasurer  of  State,  Sep.  9,  1867  [investment 
of  State  funds  in  U.  S.  bonds],  85. 

To  Henry  Page,  Treasurer  of  State,  Sep.  23,  1867  [investment 
of  State  funds  in  IJ.  S.  bonds],  86. 

To  Henry  Page,  Treasurer  of  State,  June  10,  1867  [invest- 
ment of  State  funds  in  U.  S.  bonds],  86. 
Communications  to : — 

From  Henry  Page,  Treasurer  of  State,  June  24,  1867  [invest- 
ment of  State  funds  in  U.  S.  bonds],  84. 

From  Henry  Page,  Treasurer  of  State,  Sep.  2,  1867  [invest- 
ment of  State  funds  in  U.  S.  bonds],  86. 

Standal,  Eichard,  Eesolution  appointing.  Commissioner  to  locate  County- 
seat  of  Little  Eiver  County,  197. 
Stansberry,  W.  W.,  Eepresentative  in  General  Assembly,  1868,  797. 
Standing  Committees — see  Committees,  Standing. 
Standing  Eules  of  Order — see  Eules. 

State  Officers,  other  than  Executive,  Committee  on — see  Officers. 
Statistics  of  the  Convention,  3,  699. 

Eesolution  respecting,  699. 
Statutes,  Codification  of — see  Codification. 
Stay  of  Execution,  266. 

Ordinance  prohibiting  judicial  proceedings  in  certain  cases  of,  266. 

Stenographer — see  Eeporter. 

Stephenson,  M.  L.,  Senator  of  Arkansas,  1868,  797,  802. 
Stone,  Mrs.  Lucy,  702. 
Story,  Hon.  William,  54,  58. 

St.  John,  Henry,  Eepresentative  in  General  Assembly,  1868,  798. 

Sub-District  of  Arkansas : 

Special  Orders  ^^o.  120,  Dec.  21, 1867  (Calhoun  County  election), 
37. 

Special  Orders,  I^o.  127,  Dec.  30,  1867  (Lafayette  County  elec- 
tion), 38. 

Special  Orders  ^v'o.  3,  Jan.  6,  1868  (Ashley  County  election),  40. 
General  Orders  'No.  4,  Feb.  14,  1868  (providing  for  election  for 
ratification  of  Constitution,  and  for  registration  of  voters),  785. 

SufiTrage — see  Franchise,  and  Female  Suffrage. 

Supplies,  Committee  on,  61. 
(  972  ) 


GEXEEAL  IXDE^. 


Supplemental  paragraphs  to  General  Orders  2So.  43,  Hdqrs.  Fourth  Mili- 
tary District.  771. 
Supreme  Court,  Justices  of,  elected  March  13,  1868,  797. 
Suspension  of  collection  of  debt — see  Debt. 
Saspension  of  State  Tax — see  Tax. 

T. 

Tax  on  raw  cotton — see  Cottox. 

Tax,  State,  Suspension  of,  56. 

Resolution  to  memorialize  the  commander  of  the  Military  Dis- 
trict for,  56. 
Kemarks  on,  by  : — 

Mr.  Hodges,  of  Crittenden,  56. 

Taxation,  Committee  on — sec  Fixaxce.  Committee  ox. 

Testimony  accompanying  Eeport  of  Committee  on  Elections  on  the  Ash- 
ley County  contested  election.  772. 

Testimony  accompanying  Report  of  the  Special  Committee  on  the  Peni- 
tentiary. 774. 

Thanks,  Vote  of — .5>c  Vote  of  Thaxks  to  the  Presidext. 
Thomas,  Benjamin.  Senator  of  Arkansas,  1S68,  798. 
Tobias,  J.  C,  Representative  in  General  Assembly,  1868,  798. 
Toney,  L.  D,,  a  contestant  for  a  seat  in  the  Convention  for  Izard  County, 
68,  69,  70,  571,  572. 

Report  of  Committee  on  Elections  on  claim  of,  to  seat,  249. 
Townships  and  Counties,  Committee  on — see  Couxiies.- 
Treasury  of  State,  75.  79. 

Resolution  directing  State  Treasurer  to  report  account  of  assets 
in,  75. 

Report  of  Henry  Page,  State  Treasurer,  in  answer  to  resolution 
calling  for  information  in  regard  to  assets  in,  79. 
Turrnan,  .John  B.  C,  Representative  in  General  Assembly,  1868,  798. 
Tyler,  John.  Bvt.  Maj.,  Act'g  Asst.  Adj.  Gen.  4th  Military  District. 
Communications  from: — 

To  Commissioners  of  Elections,  March  2d,  1868  (expenses  under 

Schedule  to  the  Constitution),  791. 
To  V^.  R.  Miller,  March  2d,  1868  (expenses  under  Schedule  to 
the  Constitution),  792. 
Communication  to : — 
From  Henry  Page,  State  Treasurer,  January  21st,  1868  ipay- 
ment  of  expenses  of  Convention),  231. 
[Communications  e:qrressed  as  addressed  to,  or  proceeding  from, 

(  9T3  ) 


(?EI^ERAL  IISTDEX. 


Hdqrs.  4th  Military  District,  are  indexed  under  District, 
Fourth  Military.] 

U. 

Upham,  D.  P.,  Representative  in  Greneral  Assembly,  1868,  798. 

V. 

Vacancies  in  membership  of  Convention,  396. 

Resolution  prescribing  mode  of  filling,  396. 
in  Boards  of  Codification,  737. 

Resolution  providing  for  the  case  of  resignation,  dearth,  or  dis- 
qualification, of  either  of  the  Commissioners  appointed  to  codify 
and  arrange  the  laws,  737. 
Valedictory  remarks  of  the  President,  761. 
Vance,  Enoch  H.,  Senator  of  Arkansas,  1868,  798. 
Vanhook,  R.  C,  a  delegate  from  Union  County. 
Election  announced,  36. 
Appeared,  45. 
Sworn,  53. 

36,  45,  53,  60,  61,  185,  199,  316,  471,  506,  614,  680,  685,  690, 
744. 

Explanation  of  vote  on  the  Constitution,  680. 
Remarks  on : — 

Continuance  of  Freedmen's  Bureau,  471. 
Vaughn,  Benjamin,  Representative  in  General  Assembly,  1868,  797. 
Veto  Message  of  President  U.  S.,  on  bill  admitting  State  to  representa- 
tion in  Congress,  812  a. 

Vice-President  of  the  Convention,  700. 

Resolution  appointing  six  Vice-Presidents  of  the  Convention,  and 
prescribing  their  powers  and  duties,  700. 
Villages  and  Cities,  Committee  on  Organization  of  Government  of — see 
Cities. 

W. 

Walker,  Charles  W.,  a  delegate  from  Washington  County. 
Election  announced,  36. 
Appeared,  54. 
Sworn,  54. 

36,  54,  60,  166,  198,  291,  292,  361,  446,  665,  666,  680,  684,  756. 
Resolution  offered  by,  166. 
Explanation  of  vote  on  Constitution,  680, 
Remarks  on  : — 

Ashley  County  election,  166. 

(  974  ) 


(xEXEEAL  IXDEX. 


Ti'alker,  Charles      — Remarks  on  :  — 

E'jiief  tor  poor  of  the  State.  291. 
Cuotiiraarice  of  Freedmeu's  Bureau.  44*3. 
TS'all.  Eichard  E..  ii'^minated  Enrolling  Clerk  to  the  Convention,  51. 

elected  EriroUing  Clerk  to  the  Convention.  52. 
TVeeks,  George  E..  Testimony  of.  before  Committee  on  the  Penitentiary, 
776. 

TTells.  D.  S.,  Eepresentative  in  General  Assembly,  1S6S,  798. 
AVheeler.  Stephen.  Senator  of  Arkansas.  1S6S.  79S. 
White,  James  T..  a  delegate  from  Phillips  County. 

Election  announced,  35. 

Appeared,  45. 

Sworn.  53. 

85,  45,  53,  61,  77,  251,  4S4.  501.  510.  523,  535,  6S2,  683,  743. 
Eesolution  olFered  by.  251. 
Explanation  of  vote  on  Constitution,  682. 
Remarks  on  :  . 

Eepdrt  of  Committee  on  Penitentiary.  4S4. 
Intermarriage  of  the  races,  501,  510. 
Eepresentative  in  General  Assembly.  1S6S.  798. 
TThite,  Eobert  J.  T..  Secretary  of  State  of  Arkansas,  186S.  797. 
T^'hitson,  J.  K..  Eepresentative  in  General  Assembly,  1868.  798. 
AVilcox.  J.  C.  appointed  Page  for  the  Convention,  52. 
Sworn.  55. 

AVilliams,  J.  J..  Eepresentative  in  General  Assembly.  1868.  798. 
TVilliarns,  Parley  A.,  a  delegate  for  Marion  County. 

Election  announced,  35. 

Appeared.  45. 

Sworn,  53. 

35,  45,  53,  60,  61,  219,  227,  316.  474.  661,  683,  692.  700. 
Explanation  of  vote  on  Constitution.  683. 
Eepresentative  in  General  Assembly,  1868,  797. 

Wilson,  Ira  L..  a  delegate  from  Union  County. 
Election  announced,  36. 
Appeared,  45. 
Sworn,  53. 

36,  45,  53,  60.  70.  189,  207,  216,  228,  245,  256,  259.  260,  284,  323, 
327.  331,  344,  351,  375,  398,  445.  472.  476,  484.  505,  507,  510, 
511.  538,  615,  681,  682,  692,  699,  709,  710,  711,  747. 

Resolutions  offered  by,  245,  538. 
Explanation  of  vote  on  Constitution,  681. 
Remarks  on  : — 

Izard  County  election,  70. 


WilsoD,  Ira  L. — Remarks  on  : — 

Pay  of  members  and  officers  of  Conveiition,  225. 

Ashley  County  election,  256,  327,  331,  336. 

Relief  for  poor  of  the  State,  288. 

Intermarriage  of  the  races',  375,  505,  510. 

Continuance  of  Freedmen's  Bureau,  432. 
Wilson,  Ralph,  Testimony  of,  before  Committee  on  Penitentiary,  776. 
Woodard,  D.  H.,  Testimony  of,  before  Special  Committee  on  Peniten- 
tiary, 781. 

Wright,  F.  E.,  nominated  Second  Assistant  Secretary  to  the  Conven- 
tion, 50. 

Elected  Second  Assistant  Secretary  to  the  Convention,  50. 
Sworn,  55. 

Order  allowing  pay  and  mileage  for  travel  to  and  from  session 

of  Convention,  735. 
Resolution  allowing  additional  compensation,  747. 
Clerk  of  House  of  Representatives  of  Arkansas,  802. 
Wright,  Joseph,  a  delegate  from  Carroll  County. 
Election  announced,  34. 
Appeared,  45. 
Sworn,  53. 

34,  45,  53,  61,  505,  665,  666,  683,  756. 
Explanation  of  vote  on  the  Constitution,  665,  683. 

Wright,  W.  H.,  Representative  in  General  Assembly,  1868,  798, 
Wyatt,  William  W.,  a  delegate  from  Fulton  and  Searcy  Counties. 

Election  announced,  35. 

Appeared,  45. 

Sworn,  53. 

35,  45,  53,  60,  61,  147,  474,  683. 
Explanation  of  vote  on  the  Constitution,  683. 

Y 

Yeas  and  ISTays  :-— 

On  resolution  providing  for  reduction  of  number  of  officers  of 
the  Convention,  and  of  newspapers  furnished  to  members  and 
officers,  60. 

On  resolution  providing  that  the  services  of  officers  embraced  in 
resolution  offered  by  Mr.  Cypert  (p.  59)  be  dispensed  with  until 
final  disposition  of  that  resolution,  63. 

On  Izard  County  election,  70. 

On  Ashley  County  election,  135,  138. 

On  Ordinance  adopting  a  Constitution  (that  of  1864),  157. 

On  Resolution  providing  for  appointment  of  Commissioners  to 
investigate  affairs  of  Little  Rock  and  Fort  Smith  Railroad,  165. 

(  976  ) 


GENEEAL  INDEX. 


Yeas  and  Nays  : — 

On  Expenses  of  Convention,  178,  179. 

On  Resolation  defining  powers  and  duties  of  Convention,  184. 
On  Ordinance  to  provide  for  payment  of  expenses  of  Conven- 
tion, 188. 

On  Ordinance  declaring  a  Public  Printer,  193. 
On  motion  directing  the  reading- of  the  Journal  from  a  bound 
book,  201. 

On  Ordinance  raising  revenue  for  the  purpose  of  defraying  ex- 
penses of  Constitutional  Convention,  212,  311. 

On  Ordinance  regulating  the  compensation  of  members  and  offi- 
cers of  the  Constitutional  Convention,  226. 

On  Resolution  instructing  Committee  on  Franchise  to  inquire 
into  the  expediency  of  disfranchising  certain  classes  of  persons, 
235. 

On  Resolution  instructing  Committee  on  Elective  Franchise  to 
inquire  into  the  expediency  of  disfranchising  all  men  engaged 
in  rebellion  up  to  July  4,  1864,  244. 

On  Ordinance  establishing  per  diem  of  members  and  officers  of 
Convention,  267,  268,  2^2. 

On  Ordinance  to  provide  for- the  per  diem  of  members  and  offi- 
cers of  the  Convention,  275,  284,  285. 

On  Resolution  appointing  Commissioners  to  locate  County-seat 
of  Little  River  County,  302. 

On  Resolution  providing  for  appointment  of  Special  Committee 
to  memorialize  Cong^ress  to  continue  Freedmen's  Bureau  until 
reconstruction  of  State,  and  to  report  the  same  by  Jan.  27, 
1868,  308. 

On  Ordinance  providing  for  the  per  diem  and  mileage  of  the 
members,  and  the  per  diem  of  the  officers  of  the  Convention, 
318. 

On  Ashley  County  election,  343,  352,  743. 

On  reference  to  Committee  on  Penitentiary,  of  the  resolution  in- 
structing Committee  on  Arrangement  and  Phraseology  of  the 
Constitution,  to  insert  in  the  Constitution  a  clause  forbidding 
solemnization  of  marriage  between  whites  and  Africans,  367. 

On  subject  of  intermarriage  of  the  races,  378. 

On  substituting  resolution  instructing  Committee  on  Constitu- 
tion, its  Arrangement  and  Phraseology,  to  insert  in  Constitu- 
tion clause  requiring  General  Assembly  to  enact  laws  to  more 
effectually  prevent  miscegenation  ;  etc.,  393. 

On  motion  to  refer  whole  subject  of  intermarriage  of  the  races 
to  Committee  on  Preamble  and  Bill  of  Rights,  393. 

On  declaring  marriages  of  white  persons  with  negroes  or  mu- 
lattoes,  illegal  and  void,  and  making  it  the  duty  of  the  Gene- 

62  (  977  ) 


GENEEAL  I^^DEX. 


Yeas  and  Kays  : — 

ral  Assembly  to  enact  such  laws  as  will  prevent  miscegenation 
in  the  State,  394. 
On  final  adjournment  of  Convention,  395. 

On  motion  to  lay  on  table  motion  for  reconsideration  of  Resolu- 
tion concerning  final  adjournment  of  Convention,  400. 

On  motion  to  lay  upon  the  table  the  subject  of  final  adjourn- 
ment of  the  Convention,  409. 

On  adoption  of  substitute  Resolution  on  subject  of  final  adjourn- 
ment, 418. 

On  motions  to  adjourn,  419,  421,  473,  524,  540,  613. 
On  motion  for  recess,  420. 

On  Resolution  instructing  Committee  on  Ratification  to  report, 
insianier,  their  action  and  duties,  and  for  what  purpose  created, 
453. 

On  Resolution  requesting  Chief  of  Freedmen's  Bureau  to  fill  the 
ofiices  with  more  honest  and  efiicient  men,  469. 

On  adoption  of  Report  of  Committee  of  Freedmen's  Bureau,  in- 
cluding Resolution  petitioning  Congress  to  continue  the  same 
until  the  completion  of  reconstruction  in  Arkansas,  470. 

On  adoption  of  substitute  Resolution  concerning  intermarriage 
of  the  races,  504. 

On  amendment  of  Resolution  respecting  intermarriage  of  the 
races,  505. 

On  adoption  of  recommendation  to  next  General  Assembly  to 
enact  laws  effectually  governing  the  subject  of  amalgamation  of 
the  races,  507. 

On  motion  for  previous  question  on  adoption  of  Minority  Report 
of  Committee  of  Elective  Franchise,  516. 

On  adoption  of  Minority  Report  of  Committee  of  Elective  Fran- 
chise, 517. 

On  motion  to  make  Report  of  Committee  on  sale  of  Arkansas 
Hot  Springs,  order  of  the  day  for  Feb.  10,  522. 

On  motion  for  adoption  of  Report  of  Committee  on  Sale  of  Ar- 
kansas Hot  Springs,  and  Memorial  to  Congress,  522. 

On  motion  to  amend  Rule  1st,  so  that  one-half,  instead  of  two- 
thirds,  of  the  members  of  the  Convention,  should  constitute  a 
quorum,  537. 

On  Resolution  declaring  vacant  the  office  of  Postmaster  of  the 

Convention,  539. 
On  Izard  County  election,  573,  575,  576. 
On  the  Constitution,  614,  656,  684. 
On  boundaries  of  Little  River  County,  690. 
On  per  diem  and  mileage,  696. 

On  Ordinance  providing  for  publication  of  notice  of  time  of  sub- 
(  978  ) 


GEXEEAL  IXDEX. 


mission  of  tl;-.-   C-ji.sritudou  to  the  people,  for  ratification, 

On  abolishing  the  omce  'jf  Postmaster  ''n'the  Convention.  TOu. 
Co.  rr^v-oaii';>n  of  certain  leavt^s  of  absence.  732.  738. 
On, condition  of  finances  of  the  State,  741. 
On  adoption  of  Report  of  Committee  ':^n  Penitentiary,  742. 
On  an  Ordinance  concerning  Printing  [fjrbidding  Printing  for 
the  Convention,  without  tlie  limits  of  tlie  State].  74(3. 
"Yoes.  Jacob.  Representative  in  General  Assembly.  1868,  797. 
Yoest,  John  B..  Testimony  of,  before  Special  Committee  on  I^enitentiary, 
778. 

Young,  ParsLiba  H.,  Senator  of  Arkan.-as,  186S,  797. 


THE  END. 


{  985  1 


Ankansa.R.     Const  ,1  tut  tonal 

Convention,  1868. 
Debates  and  Proceedin^'fl . .  . 

1866 

DATE 

ISSUED  TO 

